Through creative and unprecedented approach to Inter Partes Re-examination, successfully defended a client’s patent portfolio and thereby assisted in the strategy and settlement of a case.

Richard Black led the team that was awarded the decision upholding the patentability of the claims of a patent related to a laryngoscope for their client Verathon. After asserting the patent against others in litigation, an inter partes reexamination request was filed to challenge the validity of the patent. During the reexamination process, BLG submitted new claims for evaluation, securing the patentability of nearly all of them. For contrast, in the vast majority of inter partes reexamination cases, no claims remain patentable at the conclusion of proceedings. The success in this case is extremely unusual among inter partes reexaminations, placing BLG client Verathon in a strong position to enforce its key technology related to video laryngoscopes.

Patent infringement (domestic and international jurisdictions); related EPO Opposition; related USPTO Inter Partes Reexamination.

Uniform Domain Name Dispute Resolution arbitration; related Anti-Cyber Squatting Consumer Protection Act (domain name), trademark infringement, etc.

Representing Costco (Lasnik, Chief Judge) Aff’d, Court of Appeals, Federal Circuit (Newman, Circuit Judge, et. al.) Patent infringement.

Represented Costco in dismissing case for lack of personal jurisdiction as reported at Hockerson-Halberstadt, Inc. v. Costco, 2000 U.S. Dist. LEXIS 5064 (E.D. La. 2000).