How did Ropes & Gray come to the decision to request the court to reverse the Alice decision now based on the precedent that they submitted? You might recall that R&G had 11 attorneys that were NOTED to be involved with the Strikeforce Appeal case that was submitted on 3/26/2018 (Their Bio's are below).
Ropes & Gray was voted the 2019 IP Lawfirm of the year by American Lawyer. Why? Because they don't take on cases that they might lose. They have had this past week to deliberate over what to do with the ANCORA decision (almost identical to SFOR's case) before making the request to the court based on such a precedent. They must have had numerous folks involved with such a weighty decision based on the potential of perhaps hundreds of millions or even billions of dollars being at stake here.
Look at the Bio for the one who is leading the SFOR charge, Mr, Driemeier:
DOUGLAS HALLWARD-DRIEMEIER
PARTNER
Doug, who leads the firm’s Appellate and Supreme Court practice, has presented more than 70 appellate arguments, including 16 times before the U.S. Supreme Court and before every federal circuit court of appeals. He has briefed and argued both civil and criminal matters covering a wide range of subjects and has particular experience in the areas of intellectual property, bankruptcy, the False Claims Act, securities litigation, and antitrust. Doug has also extensive experience litigating issues of concern to companies and foreign governments with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, and forum non conveniens.
Doug collaborates with colleagues across numerous practice areas. In addition to handling appeals, Doug works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary. He routinely consults with clients about avenues for challenging administrative actions and advises clients about the constitutionality of legislation affecting their interests.
Doug rejoined the firm in 2010 after spending more than a decade handling civil appeals and Supreme Court litigation for the U.S. Department of Justice. Between 2004 and 2009, he was an Assistant to the Solicitor General, where he briefed and argued cases on behalf of the United States before the Supreme Court. Doug has argued sixteen cases before the Supreme Court and filed more than 150 briefs in that Court. In 2015, Doug argued before the Supreme Court in the highly-publicized landmark marriage equality case (Obergefell v. Hodges) and in a key bankruptcy case regarding whether an order denying confirmation of a bankruptcy plan is appealable (Bullard v. Blue Hills Bank).
RICHARD T. MCCAULLEY, JR.
PARTNER
Rick McCaulley brings to bear more than 20 years of experience handling complex patent, trade secret and antitrust disputes, serving as lead counsel in jury and bench trials in U.S. federal courts and before the PTAB, and advising on substantial matters in international courts.
With a degree and deep background in biomedical engineering, Rick has represented major pharmaceutical and medical device companies, including Bausch & Lomb, Pfizer, AstraZeneca, Biomet, GN Resound and Nevro, on Hatch-Waxman/ANDA litigation and other types of patent disputes.
Recognized for his results in the courtroom on cases involving complex technologies, Rick has also become the go-to litigator for many high-tech companies.
As co-founder of a highly-successful medical device company, Rick understands the strategic value of a company’s IP and how to protect it. It’s one of the reasons clients call upon Rick to handle matters that are of the highest strategic importance to their business. He brings the perspective of a seasoned trial lawyer and business owner to his client’s cases, and has built a world-class reputation for delivering the business results they need.
Rick speaks regularly on patent issues, trial strategies, the effective use of budgeting and legal project management tools, and a variety of other topics. He is recognized for his expertise and results by Chambers USA, Legal 500, Best Lawyers, Managing IP, and Euromoney, among others.
JOSEF SCHENKER
ASSOCIATE
Josef focuses his practice on patent litigation in the electronics, computer and software industries. His experience includes drafting and arguing motions before the Court, performing validity and infringement analyses, overseeing all aspects of claim construction, conducting discovery investigations, managing expert witnesses, and taking and defending depositions. Josef has litigated cases in many jurisdictions including the Eastern District of Texas, the District of Delaware, the Northern District of California and the U.S. International Trade Commission. Josef has a degree in electrical engineering and has experience relating to electronics and consumer products, computers, telecommunications, Internet-based technology, financial services technology, cable television systems, semiconductor devices, LEDs, optics, and image processing.
SAMUEL BRENNER
ASSOCIATE
Samuel Brenner, Ph.D., is an associate practicing in Ropes & Gray’s intellectual property group, focusing primarily on patent litigation.
Sam is an experienced trial lawyer who has litigated patent cases in district court and the United States International Trade Commission on behalf of companies in a variety of technical fields, including telecommunications, electronics, software and hardware, and semiconductors. Sam has significant experience counseling clients in matters involving litigation and licensing strategy. Sam’s practice encompasses all facets of litigation, from pre-suit investigation through formulating litigation strategy, managing discovery, taking and defending fact and expert depositions, claim construction proceedings, motion practice, trial preparation, trial, and appeals. Sam is also experienced with patent damages, Standard Essential Patents and RAND/FRAND issues.
Sam also maintains a robust pro bono practice, most recently representing clients before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Ninth Circuit, and U.S. Court of Appeals for Veterans Claims.
Before joining Ropes & Gray, Sam served as a law clerk for Judge Kim McLane Wardlaw of the U.S. Court of Appeals for the Ninth Circuit and Judge David McKeague of the U.S. Court of Appeals for the Sixth Circuit, and worked for Fidelity Investments in Massachusetts and New Hampshire. Sam, who also received graduate degrees in history and political science from Brown University, has taught at the University of New Hampshire School of Law, the University of Michigan, Brown University, and the University of Rhode Island.
Original Seven
Ropes & Gray now has SEVEN listed attorney's on their website that are stated to be a part of Strikeforce's litigation team! Alexander Middleton is the latest to be added. How many are involved from Blank Rome? Their Bio's are below.
STEVEN PEPE - PARTNER
Steve Pepe is an accomplished trial lawyer who focuses on patent litigation in nearly every significant patent jurisdiction, including the International Trade Commission, the Eastern District of Texas, the District of Delaware, the Eastern District of Virginia, the Court of Appeals for the Federal Circuit, and the PTAB. Steve has litigated patent cases for over 20 years, including as lead or co-lead counsel in over a dozen lawsuits. He specializes in complex infringement cases and has achieved numerous successes for companies in the fields of computer technology, semiconductors, telecommunications, consumer products, and mechanical systems. Steve is experienced in managing and coordinating multi-jurisdictional disputes that involve parallel actions in U.S. district courts, the International Trade Commission, and foreign jurisdictions. Steve works with diverse clients and cases that range from high-profile, “bet-the-company” litigations for Fortune 500 companies to smaller litigations for rapidly growing start-up technology companies.
Steve also advises clients on licensing and FRAND issues and has been involved in multiple PTAB proceedings, both on behalf of patent owners and petitioners. Steve has been recognized as a Super Lawyer every year since 2013 and has taught patent law at Touro Law School.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in a series of district court actions in E.D. Va., D. Mass. and C.D. Cal. against multiple defendants and parallel PTAB proceedings involving the assertion of its patents relating to out-of-band authentication techniques and systems.
KEVIN J. POST - PARTNER
Kevin Post works extensively with high-technology and life science companies handling their complex patent disputes. He has litigated patent cases in nearly every significant patent jurisdiction, including the International Trade Commission, the District of Delaware, the Northern District of California, the Eastern District of Texas, the Eastern District of Virginia, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit on behalf of companies in a variety of technical fields, including telecommunications, electronics, computer systems and software, network architecture and security, e-payments, e-commerce, imaging systems, GPS technology, process control systems, mechanical devices, pharmaceuticals, and biotechnology. Kevin has tried multiple cases involving standard-essential patents and RAND licensing issues, including breach of contract cases. From providing licensing support, patent portfolio analysis and due diligence to handling all aspects of trial preparation and trial, Kevin’s experience has touched on all phases of IP litigation.
EXPERIENCE
Co-lead counsel representing StrikeForce Technologies, Inc. in a series of district court actions involving the assertion of its patents relating to out-of-band authentication techniques and systems. Current pending cases include actions in the District of Massachusetts (Gemalto, Inc.; Vasco Data Security) and the Eastern District of Virginia (SecureAuth Corp.; Entrust, Inc.). Also representing StrikeForce in defense of one of its patents in inter partes review proceedings at the Patent Trial and Appeal Board.
MATTHEW J. RIZZOLO
Matt works extensively with technology companies to both enforce clients’ intellectual property rights and defend clients from patent infringement claims. Matt has significant experience litigating patent cases in a variety of jurisdictions, including federal district courts throughout the United States and in Section 337 actions before the United States International Trade Commission. His practice encompasses all facets of litigation, from pre-suit investigation through managing document discovery, taking and defending fact and expert depositions, claim construction, motions practice, trial preparation, trial, and post-trial proceedings. Matt has counseled clients in cases involving a wide variety of technical fields, including smartphones, video gaming devices, computer software and hardware, telecommunications, and Internet-related services. He has additional experience in drafting and negotiating patent and technology licensing agreements, and is registered to practice before the U.S. Patent & Trademark Office.
Prior to law school, Matt worked in various technical and engineering positions for Cooper Industries, an electrical products manufacturer, as part of Cooper’s Operations Leadership Program. While at a previous law firm, Matt also co-founded and wrote for The Essential Patent Blog, a legal blog that focuses on issues relating to standard-essential patents.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in multiple district court actions in the Central District of California and the Eastern District of Virginia involving the assertion of its patents relating to out-of-band authentication techniques and systems against SecureAuth Corp. and Entrust, Inc. Also representing StrikeForce in defense of one of its patents in inter partes review proceedings at the Patent Trial and Appeal Board.
FRANCES ZHANG - TECHNICAL ADVISOR
Frances Zhang is a registered patent agent in the intellectual property litigation group. Her practice spans a wide array of technologies, including wireless communication standards, software and hardware for consumer electronics, data security, image sensing technology, and biomedical and mechanical devices.
Frances has been actively involved in all stages of patent litigation in district court, the PTAB, and the ITC. She has extensive experience performing invalidity and non-infringement analyses, developing claim construction positions, drafting briefs, and assisting with deposition and trial examination preparation.
In addition to her litigation practice, Frances has experience prosecuting patents related to software and electronic hardware technology in the U.S. and major foreign jurisdictions. She has also worked on numerous due diligence matters involving biomedical and mechanical devices.
As a graduate student at MIT, Frances researched the data privacy practices of popular mobile applications. Her results were featured in the Boston Globe and presented at an international privacy conference. As an undergraduate summer intern, she developed an optimization for a voice-enabled web search engine and was granted a patent as the first named inventor for her work.
EXPERIENCE
StrikeForce Technologies (E.D. Va., D. Mass., PTAB). Currently representing StrikeForce in a series of district court actions involving the assertion of patents relating to out-of-band authentication technology.
LANCE W. SHAPIRO
Lance Shapiro is an associate in the intellectual property litigation group, specializing primarily in patent litigation across technical fields of wireless telecommunications, hardware, software, computer-based technologies, and consumer electronics.
Lance is experienced in performing pre-suit analyses, identifying invalidity, infringement and claim construction positions, and engaging in all aspects of discovery in district courts, including drafting motions, responding to discovery requests, and preparing witnesses for deposition. Lance further has experience with post-grant proceedings before the United States Patent and Trademark Office and appeals before the U.S. Court of Appeals for the Federal Circuit. Lance also maintains an active pro bono practice before state courts and federal agencies.
During law school, Lance twice interned for the Honorable Kathleen M. O’Malley, U.S. Court of Appeals for the Federal Circuit. Prior to law school, Lance worked as an engineering consultant for Booz Allen Hamilton where he developed requirements and statistical analytics for a predictive expenditure management software system. He also worked for three summers during college as an engineering intern at Northrop Grumman.
Lance earned a degree in Systems Engineering with High Distinction from the University of Virginia, where he was a member of the prestigious Rodman Scholars Honors Program. Lance studied abroad for two summers at the University of Vienna, specializing in German Language and European Legal and Economic Studies.
EXPERIENCE
StrikeForce Technologies, Inc. (D. Mass, E.D. Va., C.D. Cal.): Representing StrikeForce in a series of district court actions asserting its patents relating to out-of-band authentication techniques and systems.
ANDREW RADSCH
Andrew Radsch is an experienced trial lawyer in Ropes & Gray’s intellectual property litigation group, where he counsels clients on their most business-critical patent litigation and trade secret disputes, in both district courts and the ITC. Andrew, who has been selected by his peers as a Super Lawyers Rising Star in IP Litigation, has counseled companies in a wide range of industries and technologies, including computer software and hardware, consumer electronics, wireless communications, semiconductor manufacturing, pharmaceuticals, medical devices, and consumer care products. In addition to his trial work, Andrew regularly advises companies on offensive and defensive IP strategies.
Andrew has experience at all stages of litigation, from pre-suit investigation and licensing negotiations, through trial and appeal. Andrew’s trial experience includes two week-long jury trials, and a 19-day bench trial. In addition to his first chair trial experience, Andrew has played a key role in developing and executing on case strategy and has substantial experience crafting winning briefs and arguing dispositive and non-dispositive motions.
In addition, Andrew has substantial experience in contested Section 1782 proceedings seeking discovery in aid of foreign patent litigations.
Andrew also maintains an active pro bono practice. His matters include leading a team in obtaining a restraining order and child custody for a domestic violence victim after several hearings; obtaining asylum for a Chadian refugee from political violence; and assisting individual artists in protecting their intellectual property rights.
During law school, Andrew was an extern for the Honorable Deborah A. Batts at the United States District Court for the Southern District of New York.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in district court actions in the Central District of California and the Eastern District of Virginia involving the assertion of its patents relating to out-of-band authentication techniques and systems against its competitors.
ALEXANDER MIDDLETON
ASSOCIATE
Alex focuses primarily on patent litigation.
Alex’s patent litigation experience includes drafting motions and briefs, assisting in preparation of expert reports, taking and defending fact and expert depositions, and preparing witnesses for deposition. Alex has participated in patent litigation involving wireless communications security protocols, telecommunications, optical fiber networking, solid state memory design, and smartphone notification systems.
Alex’s pro bono practice includes renewing trademarks for a historical society, advising a housing association on zoning enforcement mechanisms, and obtaining asylum for a Moldovan man.
Prior to joining the firm, Alex worked on the development of simulation software for and the construction of the ATLAS detector in the CERN Large Hadron Collider. Prior to attending law school, Alex worked at a law firm in South Korea.
Representing StrikeForce Technologies, Inc. in a series of district court actions in E.D. Va., D. Mass. and C.D. Cal. against multiple defendants and parallel PTAB proceedings involving the assertion of its patents relating to out-of-band authentication techniques and systems.
ALLAN Gabriel - Dykma LA Lawfirm Also involved
Allan Gabriel's practice focuses on intellectual property litigation involving patent, trademark and copyright infringement, trade secrets, false advertising and right of publicity claims on trial court and appellate levels. In addition, he has substantial experience in handling antitrust, unfair competition, internet related and general business litigation matters for a variety of industries including software development, high tech components, manufacturing, consumer food products, newspaper publication, as well as investors and entrepreneurs.
He has first chair trial experience in state and federal courts and in the International Trade Commission and has obtained published appellate opinions covering major trademark and trade secrets issues.
Allan formerly served as Dykema's Intellectual Property and IP Litigation Department Director for three years.
Experience
Obtained on behalf of a major foreign food company, whose 100 year old trademark was copied and registered by a domestic US company, a jury verdict of $0 in damages and no willful infringement and a post-trial court order finding laches barring any injunctive relief.
Obtained favorable claim construction and summary judgment of no literal infringement on behalf of a major gaming company in a multi-million dollar patent infringement case.
Obtained two California Court of Appeal published opinions first directing trial court to vacate reconsideration order and re-enter order granting summary judgment in favor of defendant newspaper publisher on multi-million dollar breach of contract claim arising from online advertising agreement and next affirming on appeal the grant of summary judgment.
Obtained at trial and preserved on appeal, in a published Ninth Circuit Court of Appeals opinion, an injunction and one million dollar damage award for trademark infringement, false advertisement and unfair competition in favor of machine tool manufacturer against an importer of "knock-off" merchandise.
Obtained appellate relief on behalf of an insurance company client, in a published California Court of Appeal opinion reversing the trial court denial of a preliminary injunction. The appellate court ordered the entry of an injunction against a former employee prohibiting the solicitation of customers and other use of trade secret information.
Defeated preliminary injunction motion in trademark infringement and false advertising action brought against golf club company based solely on claimed infringing color and thereafter resolved action without payment of any monies.
Obtained jury verdict and damages award in favor of parts manufacturer against former employees for trade secrets theft and unfair competition.
After successfully litigating in the trial court, obtained a published Ninth Circuit Court of Appeals opinion affirming summary judgment in favor of a board member and investor in a class action securities fraud case and directing the trial court to award in excess of $100,000 as monetary sanctions against an opposing law firm whose conduct caused improper litigation delay and expense.
Obtained summary judgment on behalf of a New Jersey bank sued in the federal district court for fraud by borrowers that sought to rescind a multi-million dollar commercial loan transaction.
Obtained summary judgment on behalf of insurer in bad faith advertising injury coverage dispute.
Recovered in excess of $500,000 in settlement of employee’s sexual harassment claim and obtained dismissal of claims brought against victim by the harasser.
Obtained favorable arbitration award on behalf of art publishing client rejecting artist's fraud and contract claims and awarding to publisher prevailing party's attorneys’ fees and costs.
Ropes & Gray was voted the 2019 IP Lawfirm of the year by American Lawyer. Why? Because they don't take on cases that they might lose. They have had this past week to deliberate over what to do with the ANCORA decision (almost identical to SFOR's case) before making the request to the court based on such a precedent. They must have had numerous folks involved with such a weighty decision based on the potential of perhaps hundreds of millions or even billions of dollars being at stake here.
Look at the Bio for the one who is leading the SFOR charge, Mr, Driemeier:
DOUGLAS HALLWARD-DRIEMEIER
PARTNER
Doug, who leads the firm’s Appellate and Supreme Court practice, has presented more than 70 appellate arguments, including 16 times before the U.S. Supreme Court and before every federal circuit court of appeals. He has briefed and argued both civil and criminal matters covering a wide range of subjects and has particular experience in the areas of intellectual property, bankruptcy, the False Claims Act, securities litigation, and antitrust. Doug has also extensive experience litigating issues of concern to companies and foreign governments with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, and forum non conveniens.
Doug collaborates with colleagues across numerous practice areas. In addition to handling appeals, Doug works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary. He routinely consults with clients about avenues for challenging administrative actions and advises clients about the constitutionality of legislation affecting their interests.
Doug rejoined the firm in 2010 after spending more than a decade handling civil appeals and Supreme Court litigation for the U.S. Department of Justice. Between 2004 and 2009, he was an Assistant to the Solicitor General, where he briefed and argued cases on behalf of the United States before the Supreme Court. Doug has argued sixteen cases before the Supreme Court and filed more than 150 briefs in that Court. In 2015, Doug argued before the Supreme Court in the highly-publicized landmark marriage equality case (Obergefell v. Hodges) and in a key bankruptcy case regarding whether an order denying confirmation of a bankruptcy plan is appealable (Bullard v. Blue Hills Bank).
RICHARD T. MCCAULLEY, JR.
PARTNER
Rick McCaulley brings to bear more than 20 years of experience handling complex patent, trade secret and antitrust disputes, serving as lead counsel in jury and bench trials in U.S. federal courts and before the PTAB, and advising on substantial matters in international courts.
With a degree and deep background in biomedical engineering, Rick has represented major pharmaceutical and medical device companies, including Bausch & Lomb, Pfizer, AstraZeneca, Biomet, GN Resound and Nevro, on Hatch-Waxman/ANDA litigation and other types of patent disputes.
Recognized for his results in the courtroom on cases involving complex technologies, Rick has also become the go-to litigator for many high-tech companies.
As co-founder of a highly-successful medical device company, Rick understands the strategic value of a company’s IP and how to protect it. It’s one of the reasons clients call upon Rick to handle matters that are of the highest strategic importance to their business. He brings the perspective of a seasoned trial lawyer and business owner to his client’s cases, and has built a world-class reputation for delivering the business results they need.
Rick speaks regularly on patent issues, trial strategies, the effective use of budgeting and legal project management tools, and a variety of other topics. He is recognized for his expertise and results by Chambers USA, Legal 500, Best Lawyers, Managing IP, and Euromoney, among others.
JOSEF SCHENKER
ASSOCIATE
Josef focuses his practice on patent litigation in the electronics, computer and software industries. His experience includes drafting and arguing motions before the Court, performing validity and infringement analyses, overseeing all aspects of claim construction, conducting discovery investigations, managing expert witnesses, and taking and defending depositions. Josef has litigated cases in many jurisdictions including the Eastern District of Texas, the District of Delaware, the Northern District of California and the U.S. International Trade Commission. Josef has a degree in electrical engineering and has experience relating to electronics and consumer products, computers, telecommunications, Internet-based technology, financial services technology, cable television systems, semiconductor devices, LEDs, optics, and image processing.
SAMUEL BRENNER
ASSOCIATE
Samuel Brenner, Ph.D., is an associate practicing in Ropes & Gray’s intellectual property group, focusing primarily on patent litigation.
Sam is an experienced trial lawyer who has litigated patent cases in district court and the United States International Trade Commission on behalf of companies in a variety of technical fields, including telecommunications, electronics, software and hardware, and semiconductors. Sam has significant experience counseling clients in matters involving litigation and licensing strategy. Sam’s practice encompasses all facets of litigation, from pre-suit investigation through formulating litigation strategy, managing discovery, taking and defending fact and expert depositions, claim construction proceedings, motion practice, trial preparation, trial, and appeals. Sam is also experienced with patent damages, Standard Essential Patents and RAND/FRAND issues.
Sam also maintains a robust pro bono practice, most recently representing clients before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Ninth Circuit, and U.S. Court of Appeals for Veterans Claims.
Before joining Ropes & Gray, Sam served as a law clerk for Judge Kim McLane Wardlaw of the U.S. Court of Appeals for the Ninth Circuit and Judge David McKeague of the U.S. Court of Appeals for the Sixth Circuit, and worked for Fidelity Investments in Massachusetts and New Hampshire. Sam, who also received graduate degrees in history and political science from Brown University, has taught at the University of New Hampshire School of Law, the University of Michigan, Brown University, and the University of Rhode Island.
Original Seven
Ropes & Gray now has SEVEN listed attorney's on their website that are stated to be a part of Strikeforce's litigation team! Alexander Middleton is the latest to be added. How many are involved from Blank Rome? Their Bio's are below.
STEVEN PEPE - PARTNER
Steve Pepe is an accomplished trial lawyer who focuses on patent litigation in nearly every significant patent jurisdiction, including the International Trade Commission, the Eastern District of Texas, the District of Delaware, the Eastern District of Virginia, the Court of Appeals for the Federal Circuit, and the PTAB. Steve has litigated patent cases for over 20 years, including as lead or co-lead counsel in over a dozen lawsuits. He specializes in complex infringement cases and has achieved numerous successes for companies in the fields of computer technology, semiconductors, telecommunications, consumer products, and mechanical systems. Steve is experienced in managing and coordinating multi-jurisdictional disputes that involve parallel actions in U.S. district courts, the International Trade Commission, and foreign jurisdictions. Steve works with diverse clients and cases that range from high-profile, “bet-the-company” litigations for Fortune 500 companies to smaller litigations for rapidly growing start-up technology companies.
Steve also advises clients on licensing and FRAND issues and has been involved in multiple PTAB proceedings, both on behalf of patent owners and petitioners. Steve has been recognized as a Super Lawyer every year since 2013 and has taught patent law at Touro Law School.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in a series of district court actions in E.D. Va., D. Mass. and C.D. Cal. against multiple defendants and parallel PTAB proceedings involving the assertion of its patents relating to out-of-band authentication techniques and systems.
KEVIN J. POST - PARTNER
Kevin Post works extensively with high-technology and life science companies handling their complex patent disputes. He has litigated patent cases in nearly every significant patent jurisdiction, including the International Trade Commission, the District of Delaware, the Northern District of California, the Eastern District of Texas, the Eastern District of Virginia, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit on behalf of companies in a variety of technical fields, including telecommunications, electronics, computer systems and software, network architecture and security, e-payments, e-commerce, imaging systems, GPS technology, process control systems, mechanical devices, pharmaceuticals, and biotechnology. Kevin has tried multiple cases involving standard-essential patents and RAND licensing issues, including breach of contract cases. From providing licensing support, patent portfolio analysis and due diligence to handling all aspects of trial preparation and trial, Kevin’s experience has touched on all phases of IP litigation.
EXPERIENCE
Co-lead counsel representing StrikeForce Technologies, Inc. in a series of district court actions involving the assertion of its patents relating to out-of-band authentication techniques and systems. Current pending cases include actions in the District of Massachusetts (Gemalto, Inc.; Vasco Data Security) and the Eastern District of Virginia (SecureAuth Corp.; Entrust, Inc.). Also representing StrikeForce in defense of one of its patents in inter partes review proceedings at the Patent Trial and Appeal Board.
MATTHEW J. RIZZOLO
Matt works extensively with technology companies to both enforce clients’ intellectual property rights and defend clients from patent infringement claims. Matt has significant experience litigating patent cases in a variety of jurisdictions, including federal district courts throughout the United States and in Section 337 actions before the United States International Trade Commission. His practice encompasses all facets of litigation, from pre-suit investigation through managing document discovery, taking and defending fact and expert depositions, claim construction, motions practice, trial preparation, trial, and post-trial proceedings. Matt has counseled clients in cases involving a wide variety of technical fields, including smartphones, video gaming devices, computer software and hardware, telecommunications, and Internet-related services. He has additional experience in drafting and negotiating patent and technology licensing agreements, and is registered to practice before the U.S. Patent & Trademark Office.
Prior to law school, Matt worked in various technical and engineering positions for Cooper Industries, an electrical products manufacturer, as part of Cooper’s Operations Leadership Program. While at a previous law firm, Matt also co-founded and wrote for The Essential Patent Blog, a legal blog that focuses on issues relating to standard-essential patents.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in multiple district court actions in the Central District of California and the Eastern District of Virginia involving the assertion of its patents relating to out-of-band authentication techniques and systems against SecureAuth Corp. and Entrust, Inc. Also representing StrikeForce in defense of one of its patents in inter partes review proceedings at the Patent Trial and Appeal Board.
FRANCES ZHANG - TECHNICAL ADVISOR
Frances Zhang is a registered patent agent in the intellectual property litigation group. Her practice spans a wide array of technologies, including wireless communication standards, software and hardware for consumer electronics, data security, image sensing technology, and biomedical and mechanical devices.
Frances has been actively involved in all stages of patent litigation in district court, the PTAB, and the ITC. She has extensive experience performing invalidity and non-infringement analyses, developing claim construction positions, drafting briefs, and assisting with deposition and trial examination preparation.
In addition to her litigation practice, Frances has experience prosecuting patents related to software and electronic hardware technology in the U.S. and major foreign jurisdictions. She has also worked on numerous due diligence matters involving biomedical and mechanical devices.
As a graduate student at MIT, Frances researched the data privacy practices of popular mobile applications. Her results were featured in the Boston Globe and presented at an international privacy conference. As an undergraduate summer intern, she developed an optimization for a voice-enabled web search engine and was granted a patent as the first named inventor for her work.
EXPERIENCE
StrikeForce Technologies (E.D. Va., D. Mass., PTAB). Currently representing StrikeForce in a series of district court actions involving the assertion of patents relating to out-of-band authentication technology.
LANCE W. SHAPIRO
Lance Shapiro is an associate in the intellectual property litigation group, specializing primarily in patent litigation across technical fields of wireless telecommunications, hardware, software, computer-based technologies, and consumer electronics.
Lance is experienced in performing pre-suit analyses, identifying invalidity, infringement and claim construction positions, and engaging in all aspects of discovery in district courts, including drafting motions, responding to discovery requests, and preparing witnesses for deposition. Lance further has experience with post-grant proceedings before the United States Patent and Trademark Office and appeals before the U.S. Court of Appeals for the Federal Circuit. Lance also maintains an active pro bono practice before state courts and federal agencies.
During law school, Lance twice interned for the Honorable Kathleen M. O’Malley, U.S. Court of Appeals for the Federal Circuit. Prior to law school, Lance worked as an engineering consultant for Booz Allen Hamilton where he developed requirements and statistical analytics for a predictive expenditure management software system. He also worked for three summers during college as an engineering intern at Northrop Grumman.
Lance earned a degree in Systems Engineering with High Distinction from the University of Virginia, where he was a member of the prestigious Rodman Scholars Honors Program. Lance studied abroad for two summers at the University of Vienna, specializing in German Language and European Legal and Economic Studies.
EXPERIENCE
StrikeForce Technologies, Inc. (D. Mass, E.D. Va., C.D. Cal.): Representing StrikeForce in a series of district court actions asserting its patents relating to out-of-band authentication techniques and systems.
ANDREW RADSCH
Andrew Radsch is an experienced trial lawyer in Ropes & Gray’s intellectual property litigation group, where he counsels clients on their most business-critical patent litigation and trade secret disputes, in both district courts and the ITC. Andrew, who has been selected by his peers as a Super Lawyers Rising Star in IP Litigation, has counseled companies in a wide range of industries and technologies, including computer software and hardware, consumer electronics, wireless communications, semiconductor manufacturing, pharmaceuticals, medical devices, and consumer care products. In addition to his trial work, Andrew regularly advises companies on offensive and defensive IP strategies.
Andrew has experience at all stages of litigation, from pre-suit investigation and licensing negotiations, through trial and appeal. Andrew’s trial experience includes two week-long jury trials, and a 19-day bench trial. In addition to his first chair trial experience, Andrew has played a key role in developing and executing on case strategy and has substantial experience crafting winning briefs and arguing dispositive and non-dispositive motions.
In addition, Andrew has substantial experience in contested Section 1782 proceedings seeking discovery in aid of foreign patent litigations.
Andrew also maintains an active pro bono practice. His matters include leading a team in obtaining a restraining order and child custody for a domestic violence victim after several hearings; obtaining asylum for a Chadian refugee from political violence; and assisting individual artists in protecting their intellectual property rights.
During law school, Andrew was an extern for the Honorable Deborah A. Batts at the United States District Court for the Southern District of New York.
EXPERIENCE
Representing StrikeForce Technologies, Inc. in district court actions in the Central District of California and the Eastern District of Virginia involving the assertion of its patents relating to out-of-band authentication techniques and systems against its competitors.
ALEXANDER MIDDLETON
ASSOCIATE
Alex focuses primarily on patent litigation.
Alex’s patent litigation experience includes drafting motions and briefs, assisting in preparation of expert reports, taking and defending fact and expert depositions, and preparing witnesses for deposition. Alex has participated in patent litigation involving wireless communications security protocols, telecommunications, optical fiber networking, solid state memory design, and smartphone notification systems.
Alex’s pro bono practice includes renewing trademarks for a historical society, advising a housing association on zoning enforcement mechanisms, and obtaining asylum for a Moldovan man.
Prior to joining the firm, Alex worked on the development of simulation software for and the construction of the ATLAS detector in the CERN Large Hadron Collider. Prior to attending law school, Alex worked at a law firm in South Korea.
Representing StrikeForce Technologies, Inc. in a series of district court actions in E.D. Va., D. Mass. and C.D. Cal. against multiple defendants and parallel PTAB proceedings involving the assertion of its patents relating to out-of-band authentication techniques and systems.
ALLAN Gabriel - Dykma LA Lawfirm Also involved
Allan Gabriel's practice focuses on intellectual property litigation involving patent, trademark and copyright infringement, trade secrets, false advertising and right of publicity claims on trial court and appellate levels. In addition, he has substantial experience in handling antitrust, unfair competition, internet related and general business litigation matters for a variety of industries including software development, high tech components, manufacturing, consumer food products, newspaper publication, as well as investors and entrepreneurs.
He has first chair trial experience in state and federal courts and in the International Trade Commission and has obtained published appellate opinions covering major trademark and trade secrets issues.
Allan formerly served as Dykema's Intellectual Property and IP Litigation Department Director for three years.
Experience
Obtained on behalf of a major foreign food company, whose 100 year old trademark was copied and registered by a domestic US company, a jury verdict of $0 in damages and no willful infringement and a post-trial court order finding laches barring any injunctive relief.
Obtained favorable claim construction and summary judgment of no literal infringement on behalf of a major gaming company in a multi-million dollar patent infringement case.
Obtained two California Court of Appeal published opinions first directing trial court to vacate reconsideration order and re-enter order granting summary judgment in favor of defendant newspaper publisher on multi-million dollar breach of contract claim arising from online advertising agreement and next affirming on appeal the grant of summary judgment.
Obtained at trial and preserved on appeal, in a published Ninth Circuit Court of Appeals opinion, an injunction and one million dollar damage award for trademark infringement, false advertisement and unfair competition in favor of machine tool manufacturer against an importer of "knock-off" merchandise.
Obtained appellate relief on behalf of an insurance company client, in a published California Court of Appeal opinion reversing the trial court denial of a preliminary injunction. The appellate court ordered the entry of an injunction against a former employee prohibiting the solicitation of customers and other use of trade secret information.
Defeated preliminary injunction motion in trademark infringement and false advertising action brought against golf club company based solely on claimed infringing color and thereafter resolved action without payment of any monies.
Obtained jury verdict and damages award in favor of parts manufacturer against former employees for trade secrets theft and unfair competition.
After successfully litigating in the trial court, obtained a published Ninth Circuit Court of Appeals opinion affirming summary judgment in favor of a board member and investor in a class action securities fraud case and directing the trial court to award in excess of $100,000 as monetary sanctions against an opposing law firm whose conduct caused improper litigation delay and expense.
Obtained summary judgment on behalf of a New Jersey bank sued in the federal district court for fraud by borrowers that sought to rescind a multi-million dollar commercial loan transaction.
Obtained summary judgment on behalf of insurer in bad faith advertising injury coverage dispute.
Recovered in excess of $500,000 in settlement of employee’s sexual harassment claim and obtained dismissal of claims brought against victim by the harasser.
Obtained favorable arbitration award on behalf of art publishing client rejecting artist's fraud and contract claims and awarding to publisher prevailing party's attorneys’ fees and costs.
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