Gene’s representative matters include:
Speech Transcription v. SentinelOne
Lead counsel for defendant SentinelOne in a patent lawsuit involving computer network security technology. Won a no-payment dismissal with prejudice after obtaining transfer and filing a substantive motion to dismiss for invalidity under Section 101.
True Return Systems v. MakerDAO
Lead counsel for defendant MakerDAO in a first-of-its-kind patent lawsuit against a decentralized autonomous organization and involving decentralized ledger technology. Won a no-payment dismissal with prejudice after filing a substantive motion to dismiss for failure to state a claim based on arguments that MakerDAO lacked capacity to be sued and for non-infringement based on extraterritorial activity.
LNW Gaming v. New Vision Gaming & Development (CBM2018-00005 and -00006)
Lead counsel for petitioner in covered business method reviews involving gaming patents that ended in Final Written Decisions that all challenged claims were under Section 101 for ineligible subject matter. Argued the U.S. Court of Appeals for the Federal Circuit appeal, which affirmed the Patent Trial and Appeal Board decision of unpatentability.
FCX Solar v. FTC Solar
Lead counsel for plaintiff FCX Solar in a patent lawsuit involving solar tracker technology. The case ended with a settlement after a successful claim construction order.
FTC Solar v. FCX Solar (IPR2022-02201)
Lead counsel for patent owner FCX Solar in opposing inter partes review petition filed by petitioner FTC Solar, which resulted in a noninstitution decision.
VoIP-Pal v. Twitter
Lead counsel for Twitter in a patent lawsuit involving communications routing technology. Won a motion to dismiss that invalidated the asserted patents under Section 101 for ineligible subject matter.
Silver Management Group v. AdvisorEngine
Lead counsel for AdvisorEngine in a lawsuit concerning a software agreement. Won summary judgment of a claim regarding the scope of revenues on which license fees are owed.
Broker Genius v. NRZ Entertainment
Lead counsel for defendant in federal lawsuit involving Defend Trade Secrets Act, state trade secret, breach of contract, and related claims. This matter involved software used by ticket brokers to price tickets.
Cypress Lake Software v. Major Korean Electronics Company
Led defense of company in a lawsuit involving patents asserted against personal computers and display-related technology.
Certain Laser Abraded Denim Garments*
Co-lead counsel for major denim brand respondent. This investigation involved patents directed to using lasers to abrade or create patterns on denim garments.
Worlds, Inc. v. Activision Blizzard*
Patent litigation relating to videogame software. Court allowed motion for summary judgment of invalidity prior to correction of asserted patents.
Worlds.com v. NCsoft Corp.*
Patent litigation relating to videogame software successfully transferred out of the U.S. District Court for the Eastern District of Texas.
Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof*
Co-lead counsel for respondent Diageo North America. This investigation was the first of the International Trade Commission’s pilot program for possible early disposition of cases. Following an accelerated trial on the economic prong of domestic industry, the Commission found that the complainant (a nonpracticing entity) failed to satisfy the economic prong and terminated the investigation.
Rotatable Technologies v. Major Korean Electronics Company*
Patent litigation relating to user interface technology, resulting in a stipulated judgment of non-infringement following claim construction, which was affirmed on appeal.
NCsoft Corp. v. Bluehole Studios, Inc.*
Co-lead counsel for plaintiff in trade secret misappropriation, copyright, and unfair business practices litigation relating to videogames.
Rydex Ltd. v. Hyundai Motor America and Kia Motors America; Rydex Ltd. v. Discover Financial Services and American Express Company*
Lead counsel in patent lawsuits involving fuel systems.
Auction Management Solutions v. Live Global Bid and ADESA*
Lead counsel in patent lawsuit involving computer systems used in live auctions.
Wi-LAN v. LG Electronics*
Patent litigation concerning code-division multiple access and Wi-Fi technology.
TransAct Technologies v. FutureLogic*
Lead counsel in patent litigation concerning multiport printers.
One of the World’s Largest Chemical Companies v. Chevron Phillips Chemical Company*
Patent litigation relating to chemical processes.
Sofamor Danek v. Surgical Dynamics and U.S. Surgical*
Patent litigation involving spinal fusion devices.
*Prior experience
