In the News

IAM Recognizes Five Haynes and Boone Lawyers as World’s Leading Patent Practitioners

Following Managing IP’s recognition of multiple Haynes and Boone lawyers as IP Stars, five Haynes and Boone, LLP intellectual property lawyers have been honored in Intellectual Asset Magazine’s Patent 1000: The World’s Leading Patent Practitioners 2014 legal directory.

The directory also designated Haynes and Boone as a “recommended firm” for its Patent Practice Group. >>

Recent Publications

The IP Beacon, June 2014

The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. >>

After 22 Years of Litigation, the U.S. Trademark Office Again Cancels the Washington Redskins’ Trademarks as Disparaging to Native Americans

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office granted a petition to cancel six trademarks owned by the Washington Redskins football team. In Amanda Blackhorse, et al. v. Pro-Football, Inc., the TTAB, by a 2-1 vote, held cancellation of the trademarks was warranted “because they were disparaging to Native Americans at the respective times they were registered.” >>

IP Today Guest Article: Supreme Court's Aereo Ruling Could Have Far-Reaching Effects

On April 22, 2014, the full nine-judge bench of the U.S. Supreme Court heard oral arguments in American Broadcasting Companies Inc., et al., v. Aereo, Inc. The Court is expected to issue an opinion this month as to whether Aereo’s system, which captures over-the-air television broadcasts and makes them available to its customers over the Internet, violates copyright law. >>

Winning a High-Stakes Patent Infringement Case

The Client
A medical technology company focused on the diagnosis and treatment of congestive heart failure

The Challenge
In 2004, our client secured two patents for a unique method of surgically repairing human hearts after a severe heart attack, using a device to resize, reshape and reorient the heart’s left ventricle.  However, two California-based firms introduced their own product that infringed on our client’s patents, claiming that their product was justified by prior art.  Haynes and Boone sued the infringers in U.S. District Court for the Northern District of Texas.

The Haynes and Boone Solution
We faced a major challenge showing to a jury the complex technical issues involved, and relied on a variety of physical exhibits – from videos and complex models of the human heart, to simple demonstrations involving a water balloon. 

Our basic contention was that the prior art involved only size, while our client’s patent involved both size and shape.  The trial team conveyed the importance of shape in dealing with the structure of the heart, the key attribute of our client’s product. 

The Outcome
Following a three-week trial the jury unanimously agreed that the defendants had improperly and willfully infringed our client’s product and should pay lost profits and damages that totaled more than $2.3 million.  The jury found willful infringement on every claim that we asserted for the two patents, and in addition to the monetary award issued a permanent injunction against making or selling the infringing product and ordered all testing of that product to cease immediately. 

This ruling was crucial because our client’s product is still in its infancy, and the defendants had hundreds of infringing products undergoing clinical trials at the time of the decision.  The court’s ruling provided a solid foundation for significant future demand for our client’s product rather than the infringing one. 

By affirming the validity of our client’s patent, the future protection and position that we secured in a highly competitive market of approximately 200 cardiothoracic surgeons ultimately should prove more important than the immediate infringement damages.