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Litigation

Protecting valuable inventions, brands, proprietary secrets, and strategic advantages
across the highly competitive global marketplace has become essential. As the number of cases and size of damages awards increase, the risks and opportunities facing
companies are higher than ever. Whether enforcing rights or defending against the
claims of others, Cesari and McKenna has repeatedly secured victories for our clients
by combining extensive courtroom and trial experience with our deep understanding
of our clients’ technologies and businesses.

Our track record of success encompasses:

  • Patent Litigation before leading U.S. District Courts, the USPTO Patent and Trademark Appeals Board (PTAB), and international courts and tribunals. 

  • Litigation before the International Trade Commission (ITC)

  • Trade Secret, Trademark, and Copyright Litigation before various state and federal courts

  • Appeals before the Federal Circuit, other U.S. Courts of Appeals, and the U.S.
    Supreme Court

Representative Cases

KPM Analytics N.A. Corp. v. Blue Sun Scientific LLC, et al.

Secured a preliminary injunction for KPM against competitor companies and
individual defendants in an ongoing trade secret and unfair trade practices case in the
District of Massachusetts involving near-infrared spectroscopy technology.

KOM Software Inc. v. NetApp Inc., et al

Currently serving as co-counsel defending NetApp. against seven patents asserted by
KOM related to virtual memory, file lifecycle management, and data storage, with the
PTAB holding 163 of 170 challenged claims unpatentable and now on appeal to the
Federal Circuit.

Haemonetics Corp. v. Baxter Healthcare Corp., et al.

Won a patent infringement jury verdict and significant damages award with co-
counsel for Haemonetics concerning the technology for a compact centrifuge device
that separates blood into its constituent components.

MPay, Inc. v. OnePoint Solutions, LLC, et al.

Currently representing MPay enforcing its copyrights and trade secrets in the District
of Minnesota and its related corporate rights in Minnesota State Court against joint
venture partners regarding proprietary payroll-processing and financial management
technology.

Cognex Corporation v. Nikon Corporation

Secured victory and significant settlement for Cognex in parallel ITC and district
court actions against Nikon alleging infringement of Cognex patents relating to the
positioning of semiconductor wafers in wafer processing equipment.

Lead Surge LLC v. Dreamstyle Remodeling of San Diego, Inc.

We represented Measurement Computing and SoftWIRE in a declaratory judgment action brought in Boston against National Instruments (NI), which had asserted eight patents relating to graphical programming against our clients. During the course of the litigation, we acquired on behalf of our client two patents formerly owned by Fluke Corp. and asserted those patents against NI. The case resolved with NI acquiring the assets of Measurement Computing for approximately $33 million.

Cognex Corporation v. Electro Scientific Industries, Inc.

Won a substantial settlement on the eve of trial for Cognex in the District of
Massachusetts for infringement of a patent directed to a machine vision system for the
automatic positioning and placement of surface mount integrated circuit devices on
printed circuit boards.

NovAtel, Inc. v. Trimble Navigation Ltd.

Forced a favorable settlement for NovAtel after filing summary judgment and
determination motions in reciprocal patent infringement cases in the Northern District
of California and ITC over digital signal processing technology used by GPS receivers
to search for and lock onto signals from satellites.

Measurement Computing Corp. and SoftWIRE Technology LLC v.
National Instruments Corp.

After National Instruments asserted eight patents relating to graphical programming
against Measurement Computing and SoftWIRE, we filed a declaratory judgment
action in Boston, acquired two patents from a third-party, and counter-sued on them,
leading to National Instruments resolving the case and acquiring the assets of
Measurement Computing for approximately $33 million.

Key Contacts

John T. Gutkoski

Partner

617-951-3066

Michael E. Attaya

Partner

617-951-3030

Michael R. Reinemann

Partner

617-951-3060