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Patent Litigation

Vinson & Elkins’ deep bench of experienced trial lawyers has helped us earn an enviable record of success in litigating complex patent cases in both bench and jury trials. Lawyers in V&E’s Patent Litigation practice combine trial experience with substantial practical litigation strategies, industry experience, and technical training to maximize our clients’ chances for successful and efficient results in their patent litigation matters.

V&E Patent Litigation lawyers regularly practice throughout the United States, before a range of judicial bodies, including federal courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent Trial and Appeal Board, and the U.S. International Trade Commission. Almost all of our patent litigators hold technical degrees, and nearly one-third of them earned advanced degrees in fields ranging from aerospace, chemical, and electrical engineering, to biosciences. We have successfully handled patent litigation matters in various industries, including biotechnology, computers, software, energy, oil and gas, pharmaceuticals, aerospace, medical devices, chemical compounds, clean energy, digital media, Internet services, and semiconductors.

Experience Highlights

  • (Fed. Cir.); (D.N.M.) — Represented major sports league and major sports media company in litigation involving technology for streaming video from sporting events to fans’ mobile devices; obtained complete dismissal by district court of all claims with prejudice and invalidity of the asserted patents based on unpatentable subject matter, which was affirmed on appeal

  • (E.D. Tex.) – Obtained jury verdict of noninfringement for leading smartphone maker in patent litigation involving universal remote control technology

  • (Fed. Cir.); (D. Or.) — Represented the world’s largest personal computer maker in patent litigation related to its software products; obtained summary judgment invalidating both asserted patents as unpatentable; affirmed on appeal

  • (Fed. Cir.); (D. Del.) — Defended several major gaming companies in a patent infringement lawsuit related to peer-to-peer network technologies; obtained summary judgment of non-infringement after successful claim construction proceedings; Federal Circuit affirmed on appeal

  • (W.D. Tex.) — Represented a network service provider in a patent infringement case relating to telecommunications networks; the V&E team led the briefing and argued the motions to dismiss on behalf of the joint defense group and obtained an order recommending dismissal of the case for lack of patentable subject matter, prior to any discovery

  • (Fed. Cir.); (N.D. Cal.) — Represented leading Internet companies in consolidated patent infringement actions related to distributed processing technology; obtained judgment on the pleadings invalidating all three asserted patents for claiming unpatentable subject matter; the judgment was affirmed by the Federal Circuit

  • (Fed. Circ.); (S.D. Tex.) — Defended AKM Enterprises, Inc. d/b/a Moblize, Inc., a provider of real-time data solutions for oil well monitoring and analysis, in a patent infringement case filed by a competitor seeking in excess of $200M and a preliminary injunction; obtained dismissal with prejudice and invalidity of the asserted patent based on unpatentable subject matter, which was affirmed on appeal

  • (W.D. Tex.) — Represented a major sports media company in a jury trial involving four patents directed to the broadcast and display of real-time graphical game updates to fans over the Internet; the plaintiff alleged our client willfully infringed and sought substantial damages; following an eight-day trial, the jury returned a take-nothing verdict in favor of our client, finding that our client didn’t infringe the four asserted patents, that each of the asserted claims were invalid, and that three of the four patents were unenforceable due to inequitable conduct

  • (ITC); (Fed. Cir.) — Represented respondent Suprema, Inc., a South Korean maker of biometric scanners, as lead trial counsel in the defense of a Section 337 investigation over alleged patent infringement; after a full evidentiary hearing, obtained a favorable ruling that had no material preclusive effect on the importation of Suprema’s current products; on appeal of a remaining issue, although subsequently reversed after en banc review and a 6-4 vote, obtained landmark ruling limiting the statutory authority of the ITC to remedy indirect patent infringement; ranked #2 of the Top 10 ITC Developments of 2013 by Law360; matter settled before review by the U.S. Supreme Court was sought

  • (E.D. Tex.) — Represented a large group of online retailers accused of infringement of a patent related to real-time transactions occurring over the Web based on a variety of web-based transactions, including the online purchase of products and/or services using the retailers’ e-commerce platforms; case successfully resolved after the filing of a CBM petition  

  • (N.D. Cal.); (Fed. Cir.) — Represented plaintiff as lead counsel with respect to patents directed to tracking of semiconductor wafers in a SMIF fab. After two appeals, obtained a unanimous jury verdict in the Northern District of California this verdict was ranked by VerdictSearch as the fourth largest IP litigation verdict of 2007, and at the time one of the top 20 largest verdicts overall in the U.S

  • (Fed. Cir.); (E.D. Tex.) — Represented a major media company in a patent infringement case related to photographic images and information displayed on the floor—a significant source of revenue for the client—and obtained a very favorable ruling on claim construction; subsequently, the plaintiff conceded that it could not prove infringement, and the court entered a final judgment of dismissal, which was affirmed on appeal