Matters
- PPS Data, LLC v. Jack Henry & Associates, Inc., Eastern District of Texas: Lead trial attorney on defense of patent infringement matter in the Eastern District of Texas where plaintiff demanded in excess of $15 million. The jury returned a finding of no infringement and also invalidated the patent under 35 U.S.C. § 101. It is believed this is the first case where a jury invalidated a patent under section 101 since the Federal Circuit’s decision in Berkheimer.
- Jack Henry & Associates, Inc. v. Plano Encryption Technologies, Federal Circuit Court of Appeals: Litigated and argued successful appeal for banking software provider, wherein the Federal Circuit Court of Appeals clarified law to allow demand letters sent by non-practicing entities to be a basis for personal jurisdiction and venue. This decision changed the legal landscape and allows targets of non-practicing entities to file declaratory judgment actions in venues where the non-practicing entity has conducted business by sending demand letters.
- Vehicle IP v. Werner Enterprises, Inc. Obtained defense jury verdict for client in patent infringement matter. Plaintiff accused client’s system of calculating fuel tax of infringing its patent. We obtained a defense jury verdict of non-infringement after a two week trial in the District of Delaware.
- DataTreasury Corporation v. Jack Henry & Associates, Inc.,: Patent Trial and Appeal Board: Represented a financial service provider in three separate actions accusing our client’s check processing software and processes of infringement. Polsinelli was successful in getting the PTAB to grant a CBMR petition, and eventually invalided all claims asserted against the client. The Federal Court agreed, resulting in a complete win for the client. Before losing its patent in our lawsuit, Plaintiff had previously received over $300 million in settlements and verdicts from suing other defendants.
- Lead attorney for a telecommunications company and invalidated call waiting / caller ID patent under 35 U.S.C. § 101. The asserted claims dealt with transmitting a call-waiting tone without transmitting the caller-ID information. Polsinelli analogized this to an assistant knocking on the door and telling someone on the phone that there was another call; the judge agreed and the case was dismissed on summary judgment. The matter was affirmed by the Federal Circuit.
- Obtained summary judgment for client in trademark matter where plaintiff alleged violation of Lanham Act as well as common law state claims.
- Advised clients in negotiating contracts on a variety of different topics including: terms and conditions for the sale of wireless handsets; collegiate football head coach; business related to internet memberships and collegiate fan sites; intellectual property licenses.
