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Patents and Other Intellectual Property

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Intellectual property is often a business’ or individual’s most precious asset. Yet defending that asset from encroachment and maximizing its value often requires smart, aggressive, and well-funded campaigns — sometimes against a vast array of wrongdoers. As National Law Journal recently commented, with vast fortunes at stake and the potential to achieve decisive, competitive advantages, patent litigation has become the sport of kings.

At Watts Guerra Craft, we can help the holders of patents and other intellectual property compete with their adversaries. As with other cases, our goal is to apply pressure as decisively as possible and get to the finish line fast. To bring maximum value to our clients, we often build litigation teams by partnering with other firms with established reputations in intellectual property litigation. Examples of our intellectual property cases include our representation of Caritas Technologies, Inc. against Comcast Corp. in pending litigation in the Eastern District of Texas. The case arises from Comcast’s infringement of Caritas’ patent covering certain Internet-based telecommunications technology. We are co-counsel with Bromburg & Sunstein, L.L.P. in Boston and Beck Redden & Secrest, L.L.P. in Houston.

In Sybaratec and Symedek v. BioCell, we are prosecuting patent theft and other counterclaims on behalf of BioCell arising from a failed joint venture to create and market dermatological laser systems. The case is pending in federal court in Austin. In Samuels v. Boston Scientific Corp., pending in the Eastern District of Texas, we represent Shaun Samuels, a practicing interventional radiologist at one of America's leading endovascular centers and the holder of patents covering novel stent-graft technology designed to address abdominal aortic aneurysms. Because abdominal aortic aneurysms are a leading cause of death, the market for less invasive treatment like Samuels’ stent-graft has been estimated at $2.8 billion by 2010. The pending suit alleges that Samuels technology was knowingly misappropriated by former colleagues, and that Boston Scientific is infringing Samuels patent. We are co-counsel with Morgan & Finnegan, L.L.P. in New York.

In Farnam Companies v. Stabar Enterprises, we represented the defendant, a small, Austin-based maker of Mrs. Allen’s SHED-STOP, an anti-shedding nutritional supplement based on an old, secret family recipe. The case, a licensing dispute with a large seller of animal products, involved the law governing trade secrets and patents. Asked to assume Stabar's representation in multiple state and federal lawsuits in Phoenix shortly before the close of discovery and trial, we pressed Stabar's counterclaims and achieved a favorable confidential settlement, including a sale of Stabar's assets to Farnam. The case required grappling with complex issues of patent protection and validity, as well as intellectual property licensing.

In Tympany, Inc. v. BioCell, our client was sued for breach of a contract relating to the development, production and sale of auditory testing equipment. We entered the case after a year of litigation, asserted patent claims for Biocell, and after only six weeks secured a settlement exceeding our client's expectations.

 

 

 

 

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09/20/01 — Ft. Meyers & Ocala Counties