Electronics Patent Litigation| Sterne Kessler

Overview
Advantages
Representative Experience
Accolades
News & Insights
Events

Innovative electronics companies rely on Sterne Kessler to enforce their IP rights and craft winning strategies that preserve freedom to operate in the marketplace. We know what it takes to win across any venue—with the trial skills, technical depth, and patent knowledge that delivers results.

In the last five years, Sterne Kessler has served as litigation counsel for both patent owners and accused infringers in more than 150 patent cases across 27 jurisdictions in federal district court. We are also one of the top five most active firms at the U.S. Court of Appeals for the Federal Circuit, and we are among the top 10% of most involved firms at the U.S. International Trade Commission (ITC) in that same time frame.

Industry-Focused Trial Teams

We are trial lawyers who know innovation firsthand, and our practice is built on a decades-long foundation of technical excellence. Our team includes attorneys and other professionals with more than 40 advanced degrees and Ph.D.s in computer science, electrical engineering, physics, materials science, and mathematics, so we can quickly grasp complex technologies at issue in a case. We use this technical know-how to develop effective arguments and explain challenging technology to judges and juries in a compelling way. Recent success includes securing an $83M jury verdict for TwinStrand Biosciences in a case involving a complex mix of computer source code and biology.

Tailored Legal Strategies for Electronics and High Tech

Our technical depth augments our team’s legal skill. We aim to identify the key pressure points in cases at the outset and craft creative legal strategies that maximize chances for success while minimizing risk. We recognize that these pivotal moments can arise early or late in litigation, but by anticipating key turning points, we can develop a strategic roadmap to secure success for our clients. Recently, on behalf of Block, we achieved multiple early-stage district court victories on § 101 subject-matter eligibility grounds.

Leaders Across Venues

We are particularly skilled at coordinating actions across multiple venues when a multi-venue strategy can be favorable for our clients. This includes collaborating with our PTAB Trials Practice on inter partes review and post-grant proceedings before the USPTO’s Patent Trial and Appeal Board. Over the past several years, we have represented Volkswagen in patent litigation in district court, the ITC, and at the PTAB, pivoting between venues to efficiently and favorably resolve litigation.

Working With Sterne Kessler

Your Goals Always Come First

We know that our clients’ strategic goals vary from case to case, and we tailor our approach to achieve those goals as efficiently as possible. From the outset, we align our strategy with your business objectives. Whether you are seeking early resolution or planning to take a case through trial, our team has the proven experience to guide you through any type of IP dispute.

We Help You Expect the Unexpected

Before the start of any matter, we work with you to define phases, assess risk, and identify important milestones. We can anticipate potential obstacles over the life of a case and develop a strategic plan to overcome them. We provide early and ongoing analysis of relevant patents, prior art, and products, and we formulate strong positions on invalidity, non-infringement, and claim construction at the outset of litigation.

Communication Is Our Highest Priority

Litigation can be unpredictable, and we develop a communication plan with our clients to keep them well-informed through the life of a case. We regularly report on matters in an efficient and cost-effective way. We are also committed to developing budgets that align with your needs and expectations.

Representative Experience

EscapeX IP LLC v. Block Inc.,

Successful defense of Block in a litigation involving a patent related to updating media content on a user device. The U.S. District Court for the Southern District of New York granted Block’s motion to dismiss on subject-matter eligibility grounds and dismissed the case with prejudice.

Netlist, Inc. v. Samsung Electronics Co., Ltd. et al.

A cross-practice team served as lead U.S. International Trade Commission (ITC) counsel to Netlist, Inc. (OTCQB: NLST) in a patent infringement case against Samsung Electronics Co., Ltd. involving advanced memory technology. After nearly a year of litigation in the ITC, Netlist has now reached a comprehensive settlement with Samsung. A new five-year deal includes a patent cross license agreement between the two companies under which Samsung has a license to Netlist’s complete patent portfolio, including its server DIMM and High Bandwidth Memory technologies. In total, the agreement could mean as much as $898 million in patent licensing fees paid to Netlist over the five-year term, as well as a new strategic supply agreement under which Samsung will supply up to $1.5B of DRAM and NAND products to Netlist over the next five years.

Leadership