Practice Areas

Patent Litigation

Howard Rice's patent litigation attorneys have the subject-matter knowledge, law and motion expertise and trial experience to win cases consistently for our clients in any area of advanced technology. Our attorneys have substantial experience in patent law and litigation, both in asserting patents and defending clients against suits for infringement nationwide.

The attorneys in Howard Rice’s patent litigation group have successfully prosecuted and defended a large number of highly complex patent cases involving product, process and business method patents. They have litigated patent cases in various technologies, involving such diverse areas as DVDs and consumer electronics, downloading of music technology and e-books, computer software, semiconductors, medical devices, biotechnology, recombinant DNA technology, wireless communication devices and controllers, telephony, Internet communications and web-based services.

Representative Engagements of Howard Rice Attorneys

Represented Victor Company of Japan (JVC), one of the world’s largest consumer and professional electronics companies, in patent litigation brought by Nidec Corp. in the United States District Court for the Northern District of California. The litigation involved several patents and counterclaim patents regarding hard disk drive technology.

Represented Research in Motion Limited (RIM) in its widely publicized litigation against NTP, a patent assertion company that sought to shut down RIM’s sales of BlackBerry products and services in the United States. The litigation was extensively covered in the media and involved such cutting edge legal issues as the ability of courts to award injunctive relief to patent assertion companies, the effect of concurrent reexamination proceedings before the Patent and Trademark Office, and the extraterritorial reach of U.S. patent law. Howard Rice served as one of RIM's principal counsel after RIM’s appeal of the original trial court ruling to the Federal Circuit.

Represented, initially as co-counsel and then primary counsel, Datamize LLC, a software start-up, in multiple patent infringement lawsuits pending in the Northern District of California. The firm participated in claim construction and in the successful opposition to a motion for summary judgment filed by the defendants and later took on sole representation of Datamize and negotiated a successful resolution of the lawsuit.

Represent, as co-counsel, medical device manufacturer Cook Incorporated in cases involving alleged infringement of patents covering stent grafts used to repair aortic aneurysms, which is pending in the Northern District of California. In the primary case, after a favorable claim construction at the Markman hearing, we participated in the drafting of a successful motion for summary judgment on noninfringement.

Represented Aquapac International Limited, maker of sealable bags for protecting cameras, cell phones and other devices from water, in suits against a number of infringers of Aquapac's patent. The firm obtained several favorable settlements.

Represented Genetic Technologies Limited in a biotechnology patent dispute concerning DNA technology.

Represented Datel in connection with various patents asserted by Sony Computer Entertainment of America, Inc.

Represented PalmSource, Inc. (now named ACCESS Systems Americas, Inc.) in patent infringement litigation involving downloading of e-books.

Represented Wham-O, Inc. as the plaintiff in patent litigation involving sporting equipment. We also represented the company as the defendant in a lawsuit alleging infringement of a patent covering bodyboard leash plugs brought in the Central District of California. The case was settled on favorable terms.

Represented California Micro Devices, Inc. in patent infringement and trade secret litigation regarding proprietary chip design.

Represented The Charles Schwab Corporation in advice regarding software and telephony patents.

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