Acquisition of Assets of Payments Nation
Represented Viewpointe Archive Services in its purchase of assets from Payments Nation.
Heart Repair Device Patent Infringement Jury Trial
A Texas jury returned a verdict affirming the validity of Haynes and Boone, LLP client Chase Medical, Inc.’s patents covering a method for surgically repairing human hearts after a severe heart attack. The verdict found not only infringement but that the infringement was willful. Jurors concluded that Chase Medical was due lost profits of $306,669 and royalty damages of $131,725 because the defendants marketed a device, “the Blue Egg,” which mimicked the Mannequin. The jury’s unanimous finding of willful infringement provided foundation for a request by Haynes and Boone attorneys for enhanced damages and attorneys fees.
Summary Judgment Defense Victory in Toll-Collection Technology Patent Case
Haynes and Boone obtained summary judgment in a patent-infringement case that could have cost client Electronic Transaction Consultants Corporation (ETC) more than $60 million and had the potential to jeopardize the system that currently collects about 80 percent of all electronic tolls in the United States. The lawsuit was brought against ETC by TransCore, who alleged that ETC infringed four different TransCore patents that relate to the automatic electronic collection of tolls. TransCore sought more than $20 million in damages, which it sought to treble to $60 million. TransCore had alleged that ETC’s “use” of allegedly infringing toll-collection equipment infringed its patents. But the court held that TransCore’s earlier settlement with the equipment manufacturer had exhausted TransCore’s rights in the patents, and granted judgment to ETC.
Carolyn Flores v. Lowe’s Companies, Inc.
Defended copyright infringement lawsuit related to use of song in national advertising campaign.
Chase Medical v. CHF Technologies, No. 3:04-cv-02570 (N.D. Tex. 2007)
On behalf of a company that supplies products used in ventricular heart reconstructive surgery, assisted in preserving error and preparing the jury charge in a patent infringement suit, resulting in a $2 million judgment as well as an injunction against the use or sale of the infringing product.
Copyright Litigation: the “Sacagawea” Coin
Haynes and Boone represented accomplished sculptor Glenna Goodacre, who designed the one-dollar Sacagawea coin. Haynes and Boone’s campaign forced several entities to cease producing and selling counterfeit copies of the coin.
Patent Infringement Jury Trial: Dell v. Lucent - Website Data Management and Configuration Design
In the multi-case, multi-state battle between Dell and Lucent, Haynes and Boone represented Dell in the East Texas patent infringement case involving Web-site data-management technology. Haynes and Boone tried the case to a jury for three weeks. While the jury did not find infringement, it affirmed the validity of Dell’s patents.
Tinkers & Chance v. Leapfrog Enterprises – Electronic Educational Devices
Haynes and Boone represented two individual inventors, successfully enforcing their patent portfolio against a leading manufacturer of educational toys. After a very favorable Markman ruling from the Marshall court, the case literally settled on the courthouse steps moments before jury selection.
Summary Judgment Defense Victory: Minka v. Aloha
Haynes and Boone defended a ceiling-fan manufacturer - Aloha - that had been accused of infringing utility patents, design patents, trademarks, and copyrights for ceiling fan design and packaging. After extensive discovery - including depositions throughout Asia and the United States - Haynes and Boone secured a complete summary judgment victory for its clients.