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Intellectual Property Litigation

Patent and Patent License Litigation

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Our team handles complex patent cases efficiently and with our client’s goals as a top priority.

We bring creative approaches to every engagement to achieve those goals, recognizing that many times the best result is an early and certain resolution that minimizes unnecessary risk. When stakes are high and aggressive measures are necessary, however, our litigators are adept at handling cases through trial and appeal. Significant trial experience in the federal courts and the Patent Trial and Appeal Board provides our team with the confidence and wisdom for handling complex matters in a variety of forums across the country.

Technology areas that our team has litigated include software, sporting goods, medical devices, protein sequences, consumer goods, educational products, construction equipment and computer hardware. Our deep technical knowledge coupled with courtroom experience and excellent communication skills allow our team to convey the substance and significance of complex technologies and legal concepts to judges and juries in a clear, persuasive manner. We have successfully represented clients in a broad array of industries and in a wide variety of venues, including not only the federal district courts of Wisconsin, but also those of California, Illinois, Texas, Virginia and other states, as well as appeals in the Federal Circuit and post-grant proceedings in the Patent Trial and Appeal Board.

Recognized as leaders in the field, we are proud to provide thought leadership in a variety of roles, serving on national and local bar association boards and committees for organizations including the American Bar Association, Seventh Circuit Bar Association, Wisconsin Intellectual Property Law Association, Wisconsin State Bar Intellectual Property Section, and the local bar associations for the Eastern and Western Districts of Wisconsin. Our attorneys also frequently speak and write on patent and intellectual property issues.

Patrick Cooney

Cooney, Patrick D.

Associate
Madison
608.284.2605608.284.2605

Representative Experience

Wisconsin Alumni Research Foundation (WARF) v. Apple Inc. Godfrey & Kahn represented WARF as local counsel in a patent infringement case in the Western District of Wisconsin involving computer processor technology used in Apple iPhones and iPads. The team consisting of Irell & Manella LLP and Godfrey & Kahn attorneys obtained a jury verdict of more than $234 million after a highly complex and contentious two-week trial.

Essociate, Inc. v. Azoogle.com, Inc. This case involved patented technology concerning affiliate marketing software in an infringement action in the Western District of Wisconsin. Godfrey & Kahn was lead counsel for the defendants and obtained summary judgment of non-infringement and affirmance of the decision on appeal at the Federal Circuit.

Seat Sack, Inc. v. Childcraft Education Corp., et al. Godfrey & Kahn represented the defendant Childcraft Education and its parent company, School Specialty, Inc., as lead counsel in the Southern District of New York, in a case involving claims of trademark and design patent infringement. We prevailed on summary judgment and on the plaintiff’s appeal to the Federal Circuit.

Ergo v. Pacific Cycle, Inc. In this patent infringement lawsuit involving bicycle seat technology in the Western District of Washington, the Godfrey & Kahn team represented Pacific Cycle as lead counsel and obtained a settlement for our client after expert reports and a favorable claim construction ruling.

Kimberly-Clark Corporation. Godfrey & Kahn has served as both lead counsel and local counsel for Kimberly-Clark Corporation and its affiliates in various patent infringement and other patent- related matters in jurisdictions throughout the United States.

Asyst Technologies LLC et al. v. Eagle Eyes Traffic Ind. Co. Ltd, et al. As lead counsel for the plaintiffs in this Eastern District of Wisconsin patent infringement suit in the automotive industry, the Godfrey & Kahn team obtained a favorable settlement at the close of discovery.

M-B-W, Inc., et al. v. Multiquip, Inc., et al. This patent infringement case involved motorized power trowels used in the construction industry. After Godfrey & Kahn obtained summary judgment of infringement in favor of the patentee, the case was settled prior to trial.

Unique Coupons v. Menasha Corporation and Northfield Corporation. Godfrey & Kahn represented packaging equipment manufacturer Northfield in two trials in the Northern District of Illinois and related appeals to the Court of Appeals for the Federal Circuit on patent infringement claims brought by a competitor. The litigation resulted in a finding of no liability.

Muth Mirror Systems, LLC v. Gentex Corporation. Godfrey & Kahn was lead patent litigation counsel for Muth in this adversary proceeding before the bankruptcy court in the Eastern District of Wisconsin.

Cycle Stop Valves, Inc. v. In-Well Technologies, Inc., et al. Godfrey & Kahn was lead counsel for two defendants in this patent infringement suit in the Eastern District of Texas related to valve systems for in-ground water tanks and wells. The matter was settled before trial.

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