Litigation Experience at S|U|M IP

Listed below are numerous litigation case studies, coming collectively from the past experiences of our attorneys. These past results are provided to the reader to indicate the types of litigation in which we have experience and should not be construed to create an expectation of a result in any other case or representation. All cases are highly dependent on their own unique facts, circumstances and law.

Securing Market Leadership In Cardiac Medical Devices Through Patent Enforcement

Randall Skaar and Scott Ulbrich represented a leading manufacturer of automated external defibrillators in numerous lawsuits. The opponents included some of the largest competitors in the international medical device and electronics industries. Each of these cases settled, sometimes after trial had begun. The resulting successful negotiation of licenses to some of the technology at issue protected the client's industry-leading products in this competitive and growing area of medical technology. Scott also won early dismissal of a multi-national competitor's appeal on a patent matter.

Randall represented a technology pioneer company in the field of implantable cardiac defibrillators against a giant multinational medical device company. Randall was able to obtain a favorable settlement.

Maintaining Exclusive Rights To Key Technology

Matt Macari represented a client in the successful assertion of infringement of multiple computer hardware patents against multiple defendants. Matt not only helped negotiate a seven-figure settlement for his client, but also denied the defendants a license to the patented technology and forced them to redesign their product lines.

 Matt and Randall also represented a large roofing products manufacturer against various infringers, requiring redesigns of the infringing products and no granted licenses.

Enjoining Patent Infringers

Randall and Scott represented a plaintiff client in a case involving patented chemical compositions. Their client moved the court for and received a preliminary injunction stopping the infringing defendant's sales of the accused compound. The defendant agreed to stop all infringing activity shortly thereafter.

Representing David Against Goliath

Scott represented a small privately-owned company in a patent infringement case involving telephone call center testing methods and services. The opposing party was a large multi-national technology corporation. The case resulted in an advantageous settlement for Scott's client.

Protecting Famous Trademarks

Randall represented a company with a famous trademark in the distilled spirits industry. He was able to obtain a favorable settlement, including product-label disclaimers.

Forcing Competitors To License Patents

Scott represented a consumer products company as plaintiff in a design patent infringement case. Scott's client was able to receive a favorable settlement with ongoing royalties.

Randall and Matt represented a plaintiff manufacturer of doors in a patent infringement lawsuit against one of the biggest competitors in the industry. They were able to obtain a favorable settlement for their client.

Defending Against Claims of Patent Infringement

Scott and Matt both represented a defendant client in a design patent infringement case involving sports equipment design. Their client was able to achieve a favorable settlement that did not disrupt the client's normal business operations.

In two different cases, Randall and Scott represented two separate defendants against allegations of design patent infringement involving concrete retaining wall blocks. Both cases resulted in advantageous settlements for the clients.

Randall represented a defendant in a patent infringement case involving floor cleaning machinery. Randall achieved a dismissal via summary judgment that his client did not infringe.

Matt represented a defendant client in a patent infringement case involving remote commercial security systems. An early settlement was obtained with a favorable result for Matt's client.

Randall and Scott represented a defendant in a patent infringement case involving multi-configurable ladders. They were able to secure a dismissal of the lawsuit with no money to the plaintiff.

Randall represented a well-known multinational company defendant and a smaller manufacturer defendant in a patent infringement lawsuit involving roof vent products. Randall secured a favorable settlement for his client.

Randall and Scott represented a defendant company in a patent infringement lawsuit involving back support devices. The case settled after one day of trial on terms favorable to Randall and Scott’s client.

Using Reexamination Proceedings To Challenge Validity Of Patents In Lawsuit

Scott and Randall represented several defendants against charges of patent infringement involving building materials products. They were able to successfully obtain findings of non-patentability for many of the claims in the plaintiff’s patents, resulting in some of the plaintiff’s litigation claims being dismissed.

Scott represented a defendant in a patent infringement lawsuit involving farm machinery. He was able to successfully obtain a stay of the lawsuit and a rejection of all claims during reexamination. The patent owner is currently pursuing an appeal to the U.S. Court of Appeals for the Federal Circuit.

Defending Against Claims of Copyright Infringement

Randall represented a defendant advertising company in a copyright infringement and breach of contract lawsuit. After a six day trial, he obtained a verdict in his clients favor.

Resolving Ownership Disputes

Randall represented a defendant company in a dispute involving the ownership of key orthopedic implant technology. He obtained a favorable settlement following mediation.