Gianni Cutri, P.C.

Representative Patent and IP Litigation

EagleView Technologies, et al. v. Xactware Solutions, et al. (D.N.J., PTAB)

• Lead counsel representing the leading suppliers of aerial imagery and analytics in litigation against competitors. The matter involves 9 patents being asserted in the District of New Jersey and simultaneously litigated at the Patent Trial Appeals Board.

Wi-LAN v. Sharp, et al. (D. Del.)

• Lead counsel defending supplier of LCD televisions in multi-patent, multi-party litigation proceeding in the District of Delaware.

TriZetto v. HealthEdge (D. Colo.)

• Lead counsel representing top-tier supplier of healthcare software in trademark and unfair competition matter; successfully defeated motion to dismiss and obtained voluntary removal of certain of the offending statements and infringing trademarks.

Syntel v. Cognizant and TriZetto (S.D.N.Y)

• Lead counsel in representation of leading supplier of healthcare software and leading supplier of software consulting services in trade secret, unfair competition and breach of contract matter.

Innovatio v. Cisco Systems, Motorola Solutions, NETGEAR, et al.

• Defended suppliers of Internet wireless routing products in complex multi-district action concerning patents alleged to pertain to 802.11-standardized wireless technology. After a seven-day bench trial, determined that the plaintiff’s damages claim was limited to a RAND rate of less than 10 cents for each accused Wi-Fi product and also found that plaintiff’s demands for damages of more than a billion dollars “lacked a credible methodology” and that the plaintiff’s case suffered from a failure of proof. The case was hailed as highly favorable to technology companies and consumers and received worldwide media attention including in the IPLaw 360 articles “FRAND Rulings To Rein In Standard-Essential Patent Demands” and “Judge Sets Low Royalty Rate For Essential Wi-Fi Patents.”

Wi-LAN v. Intel, et al. and Wi-LAN v. Motorola, et al.

• Defended world’s leading suppliers of Wi-Fi, WiMAX, Bluetooth and CDMA products in litigations brought in the Eastern District of Texas and the Northern District of California, involving 20 patents asserted against more than three dozen leading laptop, router and chip companies. Obtained summary judgment of no infringement on 16 asserted patents, as well as favorable rulings on claim construction for other asserted patents. Matter settled days before trial, shortly after plaintiff’s effort to delay its trial date was unsuccessful.

Representative Data Security Matters

• Confidential counseling pertaining to incident response in the retail space

• Confidential counseling pertaining to incident response in the B2B software space

• Confidential counseling for market-leading client in the healthcare space regarding HIPAA and data security matters

• Confidential counseling to educational services provider regarding incident response and data security matters

• Presenter, “Data Privacy and Cybersecurity: A New Legal and Enforcement Landscape” – The John Marshall Law School, Chicago, Illinois, April 2016

Representative Litigation

IDX Systems Corp. v. Epic Systems, Corp., et al., 285 F.3d 581, 62 U.S.P.Q.2d 1278 (7th Cir. 2002)

• Obtained reversal of trial court’s summary judgment ruling against client on trade secret, tortious interference and breach of contract claims.

Shuffle Master v. Awada (D. Nev. 2007)

• Obtained summary judgment of infringement on trademark and trade dress claims, and dismissal of defendants counterclaims.

Lisa Whisby-Myers v. Kiekenapp (N.D. Ill. 2008)

• Represented pro bono plaintiffs in civil action asserting hate crime and civil rights violation. Secured $25,000 settlement.