Litigation

Client-side experience
With intellectual property serving as the fabric of business, litigation over those assets can easily make or break a company. Our attorneys, who have worked as engineers and inventors, know from first-hand experience what is at stake for a business facing litigation. We understand the risks as well as the potential rewards.

Philosophy — assess each case on its own merits
Too often lawyers approach litigation with preconceived notions based largely on his/her preferences. For example, some decisions are made based on whether the lawyer likes jury trials or eschews them, has had better results in mediation vs. arbitration, or applies standard methodologies without consideration of the client’s resources.

Our approach is to assess each case on its own merits. We take into consideration the extent of harm/benefit to the client, the desired outcome, and the resources available to the client and opposing party.

For most clients, litigation is a last resort. As a result, we use our particularized knowledge and experience to help our clients build strong IP portfolios. This deters infringement suits and provides them with the leverage to cross-license and avoid litigation, if that is their goal.

Formidable to the opposition
The “David” of intellectual property litigation law firms, Marger Johnson is consistently successful against “Goliath” opponents, bringing value and integrity to the litigation process. Marger Johnson’s litigation expertise in both plaintiff and defense work has enabled its clients to overcome much larger competitors, as well as to protect valuable market space and collect substantial licensing revenue.

Results
Marger Johnson’s experience and successful results in all phases of the litigation process — including discovery, depositions, hearings on dispositive and nondispositive motions, trials and appeals — translate into value and confidence for our clients. Clients are impressed with our litigation team, not only for its consistently impressive results, but for its ability to understand and communicate complex intellectual property concepts to company officers, judges and juries in an efficient and professional manner.

While no law firm can guarantee a perfect outcome to litigation, Marger Johnson’s clients know that they are in capable hands and will receive the best possible results for their budget.

Enthusiasm
Not only do team members embrace the diverse challenges and pace with energy, but they apply their business talents and common sense to develop and employ strategic solutions and tactics that often take opposing counsel by surprise. But rest assured that at every step we work to maintain a level of professionalism in litigation — an approach that matches well with our clients’ goals.

 

Representative Cases
IXYS v. Advanced Power Technology, Inc. (APT)
U.S. District Court, N. District of California
Subject matter: IXYS patents on power MOSFET metallization; APT patents on lifetime control in power devices
Result: Settled after Summary Judgment granted, holding IXYS patents invalid and not infringed.
Marger Johnson involvement: represented Defendant

Mikohn Gaming, Inc. v. Acres Gaming, Inc.
U.S. District Court of Nevada
Subject matter: Patent infringement suit relating to networking and control of electronic slot machines
Result: Jury found four Acres Gaming patents valid and two infringed. Judgment entered accordingly.
Marger Johnson involvement: prosecuted patents on behalf of Defendant

California Suncare, Inc. v. Vitamin Village, Inc.
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to Peepers sun tanning goggles
Result: Settled
Marger Johnson involvement: represented Defendant

Crane Plastics Co., et al. v. Louisiana-Pacific Corporation
Southern District of Ohio
Subject matter: Patent infringement suit relating to U.S. Patent 5,182,892
Result: Settled; patent upheld and still valid
Marger Johnson involvement: prosecuted patent on behalf of Defendant

Daryl E. Dickerson & DK, Inc., dba Rykel v. Dale & Terry Chastagner, dba Throttle Rocker Motorcycle Accessories
District of Oregon
Subject matter: Patent infringement suit
Result: Settled
Marger Johnson involvement: represented Defendant as local counsel

DeMarini Sports, Inc. v. Worth, Inc.
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to dual walled softball bats
Result: Summary judgment of infringement granted to Worth, Inc.; affirmed by CAFC.
Marger Johnson involvement: represented Defendant as local counsel

Down to Earth Products, Inc. (Karen Story) v. Melanie N. DeGroff, Connie Monroe and Accent Glass Tile
U.S. District Court of Oregon
Subject matter: Trade dress and Copyright infringement of glass tile products
Result: Jury verdict for Plaintiff on copyright claim
Marger Johnson involvement: represented Plaintiff

Edwards Systems Technology, Inc. v. Digital Control Systems, Inc.
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to infrared gas sensors
Result: Summary judgment of non-infringement granted to Digital Control Systems, Inc.
Marger Johnson involvement: represented Defendant

Eidetics International, Inc. v. Military Simulations, Inc.
U.S. District Court, Central District of California
Subject matter: Patent infringement suit relating to flight simulation software and hardware
Result: Settled
Marger Johnson involvement: represented Defendant

Evergreen Equipment Inc. v. Southwestern Bell
U.S. District Court, Eastern District of Missouri, Court of Appeals Federal Circuit
Subject matter: Patent infringement suit relating to a system and method for pulling long runs of fiber optic cable
Result: Settled with royalty-bearing license
Marger Johnson involvement: represented Plaintiff

Forcier v. Microsoft et al.
U.S. District Court, N. District of California
Subject matter: Patent infringement of pen-based computer patents
Result: Settlement, Microsoft bought out Plaintiff’s patent portfolio
Marger Johnson involvement: prosecuted patents on behalf of Plaintiff

Headwaters Research and Development, Inc. et al. v. Oregon Scientific, Inc. et al.
U.S. District Court of Massachusetts
Subject matter: Patent infringement suit relating to weather-data telemetry
Result: Settled
Marger Johnson involvement: represented Defendant

Hops Grill & Bar, Inc. v. Barley Mill Pub, Inc.
U.S. Patent and Trademark Office, Trademark Trial and Appeal Board
Subject matter: Opposition to registration of HAMMERHEAD
Result: Settled after summary judgment for Applicant
Marger Johnson involvement: represented Defendant

Hy-Save Inc. v. Engineered Refrigerant Pumps, Inc. et al.
U.S. District Court, District of Massachusetts
Subject matter: Patent infringement suit relating to liquid refrigerant pump systems and method for economizing the operation of commercial refrigeration systems
Result: Settled with consent judgment
Marger Johnson involvement: represented Plaintiff

In re Alappat (Tektronix, Inc.)
Court of Appeals Federal Circuit, en banc, 980 F.2d 1439
Issue: Patentability of Software
Result: Rejection under 35 USC § 101 reversed
Marger Johnson involvement: represented Appellant

Infinite Pictures Inc. v. Omniview (aka Interactive Pictures)
U.S. District Court, Eastern District of Tennessee
Subject matter: Patent infringement suit relating to a digital camera and imaging system for conversion of fisheye photographic images into perspectively correct views (used in surveillance, visual monitoring applications)
Result: Adverse jury verdict, affirmed by CAFC, Petition for Certiorari denied
Marger Johnson involvement: represented Defendant

Interlink Inc. v. InControl Systems, Inc.
U.S. District Court, Central District of California, Court of Appeals Federal Circuit
Subject matter: Patent infringement suit relating to force sensors for controlling the movement of a cursor on a computer screen
Result: Summary judgment of non-infringement granted to InControl, with attorneys fees; affirmed by CAFC
Marger Johnson involvement: represented Defendant

Karline (Shereff Systems Inc.) v. DEL Compu-Cable Systems
Western District Court of Washington
Subject matter: Copyright infringement, false designation of origin – software for cable TV broadcast of text
Result: TRO and preliminary injunction granted; settled with consent judgment
Marger Johnson involvement: represented Plaintiff

Kim Lathrop v. Warnaco Inc. (Speedo America)
U.S. District Court of Oregon
Subject matter: Patent infringement and trade secrets suit relating to swimming goggles designed for swim racers
Result: Jury verdict for Plaintiff
Marger Johnson involvement: represented Plaintiff

Lamps Plus, Inc. v. A-Boy Supply Co.; Dolan NW LLC; and Patrick S. Dolan
U.S. District Court, Western District of Washington at Seattle
Subject matter: Copyright infringement and Trade dress relating to Victorian Tiffany lamps
Result: Summary judgment of non-infringement granted to A-Boy Supply; judgment upheld by 9th Circuit Court of Appeals
Marger Johnson involvement: represented Defendant

Lotus Development Corporation v. Penmetrics, Inc.
U.S. District Court of Oregon
Subject matter: Trademark infringement of NOTES trademark
Result: Settled after taking discovery
Marger Johnson involvement: represented Plaintiff as local counsel

MAC/Saturn Mfg. V. Williams Patent Crusher
U.S. District Court, Eastern District of Missouri, 8th Circuit, Court of Appeals Federal Circuit
Subject matter: Patent infringement suit relating to industrial shredders
Result: Jury verdict for Plaintiff; affirmed on appeal, remanded for assessment of prejudgment interest and treble damages
Marger Johnson involvement: litigation by a member of Marger Johnson & McCollom while at a prior firm

MediMech Corporation v. Howden, et al.
Oregon Circuit Court Wasco County
Subject matter: Trade secrets involving surgical equipment and marketing
Result: Settled after preliminary injunction granted
Marger Johnson involvement: represented Plaintiff

Miracle Recreation Equipment, Inc. v. Krauss Craft, Inc.
U.S. District Court, Eastern District of Missouri
Subject: Patent infringement suit relating to playground structure joints
Result: Settled with Covenant not to sue defendant as to new design
Marger Johnson involvement: represented Defendant

Quickturn Design Systems, Inc. v. Mentor Graphics Corporation
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to software simulation of electronic devices
Result: Settled with stipulated judgment of Mentor Graphics infringing multiple claims
Marger Johnson involvement: represented Plaintiff as local counsel

Racing Strollers Inc. v. Kool Stop, Inc.
U.S. District Court, Eastern District of Washington
Subject matter: Patent infringement suit relating to high performance jogging strollers
Result: Summary judgment of non-infringement; settled in mid-trial on other issues, included arbitration agreement invoked in subsequent dispute
Marger Johnson involvement: represented Defendant

Radical Products, Inc. v. Sundays Distributing, Inc.
U.S. District Court, Western District of Washington
Subject matter: Trade dress for packaging of tanning formula
Result: Settled after preliminary injunction granted
Marger Johnson involvement: represented Defendant

Shurfine Foods, Inc. v. Shur Good Biscuit Co.
U.S. Patent and Trademark Office, Trademark Trial and Appeal Board
Subject matter: Opposition to registration of SHUR GOOD
Result: Opposition sustained
Marger Johnson involvement: represented Plaintiff

Simonds Industries v. Laharco, Inc. (Lacey Harmer)
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to automatic saw control systems for controlling feed rate of wood through a saw blade according to saw blade deviation
Result: Summary judgment of non-infringement for Lacey Harmer
Marger Johnson involvement: represented Defendant

Smart Parts, Inc. v. Indian Creek Design, Inc. and Jerry Dobbins
U.S. District Court Western District of Pennsylvania
Subject matter: Patent infringement suit relating to electronic control of paintball guns
Result: Partial summary judgment granted for Plaintiff; settled remaining issues
Marger Johnson involvement: represented Plaintiff

Translogic Technology, Inc. v. Hitachi, Ltd.
U.S. District Court of Oregon
Subject matter: Patent infringement suit relating to transmission gate series multiplexer
Result: Summary judgment of non-infringement for Translogic Technology, awarded $86.5 million in damages.
Marger Johnson involvement: prosecuted patent on behalf of Plaintiff

Transtector Industries v. A.C. Data Systems, Inc.
U.S. District Court of Idaho
Subject matter: Patent infringement suit relating to electrical surge suppressors
Result: Case dropped by Transtector after A.C. Data filed motion for summary judgment of non-infringement
Marger Johnson involvement: represented Defendant

Val Limited; Valentino’s of America, Inc. et al. v. Valentino Las Vegas, LLC
U.S. District Court of Nevada
Subject matter: Trademark infringement of VALENTINO’S trademark
Result: Settled after taking discovery
Marger Johnson involvement: represented Plaintiff


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