In the News November 15, 2013

Steve Hemminger Quoted in Law360

Steve Hemminger, partner in the firm’s Intellectual Property Litigation Group and partner-in-charge of the firm’s Silicon Valley office, was quoted in Law360 discussing the U.S. Patent and Trademark Office’s (USPTO’s) first inter partes review decision—invalidating several claims of Cuozzo Speed Technologies LLC’s speed limit alert patent, which Garmin International Inc. had challenged after being accused of infringement—and how that shows the office will be receptive to invalidity theories that don’t always work in district court.

According to Hemminger, in addition to accepting a theory by Garmin that may not have worked in district court, the board also rejected arguments by Cuozzo that might have swayed jurors.

A speeding ticket that inspired an inventor to come up with an excessive speed warning system is the kind of emotional story that juries love, "but you can't get away with that here," said Hemminger.

"The panel was very thorough and had no problem debunking arguments that may have legs with a jury," he said.
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