Building windows

Stan Gibson – Representative Patent and Technology Cases

Representative Patent and Technology Cases

Stan Gibson, an experienced technology and IP trial lawyer, represents inventors, manufacturers, owners and others in litigation centering on complicated technology. A partner at Jeffer Mangels Butler & Mitchell LLP (JMBM) in Los Angeles, Stan represents both defendants and plaintiffs and has litigated dozens of cases on behalf of his clients, taking many of them to trial. Although most cases settle, Stan’s ability to take cases to trial enhances their value and drives favorable verdicts and settlements.

Stan’s litigation practice is national in scope, involving major cases in federal courts and arbitrations throughout the United States. Whether Stan is representing an individual or a company, a start-up enterprise or a mature business, he dedicates his time and energy to formulating an effective litigation strategy, taking and defending key depositions and winning the trial. While many matters do not need more than one or two experienced and aggressive lawyers with a smart strategy, Stan draws on JMBM’s highly experienced litigation and IP teams when necessary.

Stan is the Chair of JMBM’s Patent Technology Group and is also Chair of its Artificial Intelligence Group. He is a co-founder of the Firm’s Discovery Technology Group, specializing in advising clients on managing electronic information and e-discovery.

Stan’s recent representative cases include the following:

Cases Involving Medical Devices

Medtronic v. Michelson (W.D. Tenn. 2004)
Unpaid royalties, breach of contract, patent infringement
Stan Gibson was one of the lead trial lawyers representing the inventor of revolutionary spinal fusion technology and the company he founded in a dispute over unpaid royalties, the scope of certain contracts and patent infringement. After a five-month jury trial, the jury found in favor of Dr. Michelson, awarding $110 million in damages, $60 million in patent infringement damages and $400 million in punitive damages. Medtronic subsequently acquired Dr. Michelson’s patents and technology for $1.35 billion.

SciCoTec v. Boston Scientific (E.D. Tex. 2009)
Patent infringement
Represented the inventor of a revolutionary design change in angioplasty catheters, used in the most advanced catheters for angioplasty procedures. Client brought a patent infringement suit against Boston Scientific, which settled the day before jury selection.

Frey v. Medtronic (D. Col. 2011)
Breach of contract
Represented medical doctor/inventor in dispute over royalties for patented technology.

Lenox MacLaren v. Medtronic (D. Col./Arbitration 2009)
Patent infringement, breach of contract
Represented a medical device manufacturer in patent infringement and breach of contract action against Medtronic pertaining to a device used in spinal fusion surgery. Arbitration award in favor of client.

Terray v. Zimmer (Chicago – Arbitration 2009)
Breach of contract
Represented manufacturer of plates used to treat fractures in trauma cases. Patented plates were manufactured by Zimmer internally in breach of contract. Arbitration award in favor of client.

Computers/Internet/Software Cases

Blue Spike v. VIZIO (C.D. Cal. 2020)
Patent infringement
Represented defendant VIZIO in a patent infringement lawsuit involving five patents relating to digital rights management, cryptography, steganography, and digital watermarking technologies resulting in a favorable settlement for VIZIO that required the plaintiff to pay VIZIO $100,000 as an initial payment and an additional $650,000 in contingent payments.

Data Scape Limited v. Western Digital Corporation et al. (Fed. Cir. 2020)
Patent infringement
Obtained affirmance for Western Digital in the plaintiff’s appeal of the district court’s order granting Western Digital’s motion to dismiss for lack of patentable subject matter.

Wi-Lan v. VIZIO (D. Del. 2019)
Patent infringement
Won summary judgment of non-infringement for defendant VIZIO in a patent infringement lawsuit involving de-interlacing and multimedia encoding system technologies.

Data Scape Limited v. Western Digital Corporation et al. (C.D. Cal. 2019)
Patent infringement
Defended Western Digital against a non-practicing entity’s infringement allegations involving patents directed to transferring electronic files. The case was dismissed with prejudice after the Court granted Western Digital’s motion to dismiss for lack of patentable subject matter and held that the patents were invalid.

Hospital Systems Corp. v. Diamedx, Inc. (E.D. Tex. 2010)
Patent infringement
Represented Intuitive in a patent infringement case over the use of software magnification technology. Case settled with a motion to dismiss for lack of personal jurisdiction pending.

Uniloc USA, Inc. v. Cyberlink Corp. (E.D. Tex. 2010)
Patent infringement
Represented Diskeeper Corporation in a patent infringement case over the use of activation software. Uniloc dismissed the case with prejudice with no payment from Diskeeper.

Meade v. Celestron/Celestron v. Meade (C.D. Cal. 2003)
Patent infringement
Represented Celestron in a patent infringement dispute over software used to control the positioning of amateur telescopes. After Meade’s attempt at a preliminary injunction was denied and with Celestron’s motion for summary judgment pending, case settled on favorable terms.

EMG v. Apple (E.D. Tex. 2009)
Patent infringement
Represented the owner of patents covering, among other things, a simplified navigation system for browsing the Internet on a mobile device or television. Case settled.

EMG v. Microsoft (E.D. Tex. 2009)
Patent infringement
Represented the owner of patents covering, among other things, a simplified navigation system for browsing the Internet on a mobile device or television. Case settled.

EMG v. Dr. Pepper (E.D. Tex. 2011)
Patent infringement
Represented the owner of patents covering, among other things, a simplified navigation system for browsing the Internet on a mobile device or television. Case settled.

Landmark v. Zale (E.D. Tex.2009)
Patent infringement
Represented Landmark in patent litigation over patents covering, among other things, the sale of goods and products over the Internet. All defendants settled before filing an answer.

Landmark v. Aeropostale (E.D. Tex. 2009)
Patent infringement
Represented Landmark in patent litigation over patents covering, among other things, the sale of goods and products over the Internet. Case is currently pending.

Landmark Technology, Inc. v. Blockbuster, Inc. (E.D. Tex. 2010)
Patent infringement
Represented Landmark in patent litigation over patents covering, among other things, a simplified navigation system for browsing the Internet on a mobile device or television. Case settled.

Landmark v. BJs (E.D. Tex 2010)
Patent infringement
Represented Landmark in patent litigation over patents covering, among other things, the sale of goods and products over the Internet. Case settled.

Landmark Technology v. Cinemark (E.D. Tex. 2011)
Patent infringement
Represented Landmark in patent litigation over patents covering, among other things, the sale of goods and products over the Internet. Case settled.

Interactive Software v. Artafact (D. Mass. 2009)
Patent infringement
Represented Artafact in patent infringement case centered on the technology for online focus groups. Successfully stayed the case pending re-examination of the patent at issue.

Playboy v. Netscape and Excite (C.D. Cal./Ninth Circuit 2000-2004)
Internet advertising
In one of the first cases involving key word advertising on the Internet, served as technology litigation attorney representing Netscape and Excite in a lawsuit brought by Playboy. Obtained summary judgment on behalf of Netscape and Excite, which was subsequently appealed to the Ninth Circuit and the Ninth Circuit remanded to the district court for a determination as to whether Playboy could show a likelihood of consumer confusion. Playboy Enterprises v. Netscape Communications, 354 F.2d 1020 (9th Cir. 2004).

Satellite Technology

Intraspace Satellite Corporation v. Continental Satellite Corporation (Arbitration)
Breach of contract
Represented a small satellite manufacturer in a breach of contract action in which the defendant, Continental Satellite Corporation, failed to pay milestone payments upon termination of a satellite manufacturing contract due under a termination for convenience clause. During a six month arbitration, we presented testimony of the client and experts proving that the client had performed a significant amount of reliable engineering work. At the conclusion of the arbitration, the arbitrator awarded $16.7 million, which was later confirmed by the Court in a judgment against Continental.

Intraspace Satellite Corporation v. Lockheed Martin (Santa Clara 2001)
Contract interference
Represented Intraspace in a case against Lockheed Martin for intentional interference with contractual relationships in which Lockheed had Intraspace’s contract to build four direct broadcast satellites terminated so that it could give the contract to its own subsidiary. After proving that Intraspace had the ability to manufacture the satellites, the jury found that Lockheed had interfered with the contract and awarded Intraspace $8.5 million in damages.

Intraspace v. Loral and Rainbow DBS (Santa Clara 2001)
Fraudulent transfer and alter ego
Lead trial attorney in action for fraudulent transfer and alter ego against Loral and Rainbow DBS, a subsidiary of Cablevision and joint venture with Loral. Case centered on the transfer of a valuable FCC license out of a subsidiary of Loral and into Rainbow DBS. The case settled a couple of weeks before trial with a favorable result for the client.

Other Technology

Theragun, Inc. v. Complete Recovery et al (C.D. Cal. Apr. 27, 2020 )
Theragun, Inc. v. Lifepro Fitness, LLC. et al (C.D. Cal. Mar. 13, 2020)
Theragun, Inc. v. Achedaway Shenzhen Technology Co., Ltd et al (C.D. Cal. Feb. 21, 2020)
Theragun, LLC v. Massage Guns, Inc. (C.D. Cal. Jul. 02, 2019)
Theragun, LLC v. Pechiko Designs LLC d/b/a Alyne (N.D. Cal. Jul. 2, 2019)
Theragun, LLC v. Hyper Ice, Inc. (C.D. Cal. Jun. 21, 2019)

Patent infringement
Representing Theragun in numerous lawsuits asserting infringement of Theragun’s patents and trade dress related to percussive massage devices and attachments.

Eidos v. Innolux (E.D. Cal. 2016)
Patent infringement
Lead trial counsel for Innolux in a patent infringement action filed by Eidos, alleging infringement of a single manufacturing process for LCD modules.

WCM Industries v. IPS Corporation (W.D. Tenn. Oct. 2015)
Patent infringement
A favorable jury verdict found that IPS willfully infringed six patent claims across three of WCM’s patents directed to bath waste and overflow assemblies, and that all six patent claims were valid.

Emulex Corporation v. Marvell Semiconductor (Cal. Sup. Court July 2015)
Patent infringement
Lead counsel in a three-week jury trial for client Emulex Corporation against Marvell Semiconductor. Marvell failed to indemnify Emulex when a third-party, Broadcom, sued Emulex for patent infringement over a part Emulex purchased from Marvell, Emulex’s supplier. Emulex successfully obtained a jury verdict of $4.7 million in damages, plus prejudgment interest.

TEK Corporation v. Sealant Systems International; Accessories Marketing Inc. v. TEK Corporation (N.D. Cal. 2012)
Patent infringement
TEK Corporation filed a patent infringement action against Sealant Systems International (“SSI”) in the Southern District of New York. SSI filed its own action for declaratory judgment against TEK in the Northern District of California and successfully dismissed the New York action for lack of personal jurisdiction. SSI’s sister company, Accessories Marketing, Inc. (“AMI”), also asserted a patent against TEK in the California action. On summary judgment, SSI invalidated TEK’s patent based on prior art. AMI proceeded to trial on its patent and a jury awarded AMI damages based a 7% royalty.

Semiconductor Energy Laboratories v. Innolux (C.D. Cal. 2012)
Patent infringement
Lead trial counsel for Innolux in patent case filed by Semiconductor Energy Laboratories (“SEL”) alleging infringement of six patents pertaining to fabrication of LCD Modules used in flat screen TVs and computer monitors, among others. Innolux filed seven petitions for Inter Partes Review (“IPR”) in the United States Patent and Trademark Office (“PTO”). At the request of Innolux, the district court stayed the case pending the completion of the IPRs. The PTO accepted all seven of the IPRs, which remain pending before the Patent Trial and Appeal Board.

Semiconductor Laboratories v. Chimei Innolux (C.D. Cal. 2012)
Patent infringement
Represented defendants Chimei Innolux, Chi Mei Optoelectronics, Acer, Viewsonic and Vizio in patent litigation relating to the manufacture of liquid crystal displays; case is currently pending in the Central District of California.

Thinkoptics v. Nyko (E.D. Tex. 2011)
Patent infringement
Represented defendant Nyko in a patent infringement action in the Eastern District of Texas over pointer technology.

Ogma v. Nyko (E.D. Tex and ITC 2011)
Patent infringement
Represented defendant Nyko in a patent infringement action in the International Trade Commission (“ITC”) and Eastern District of Texas regarding accelerometer technology. Case settled successfully after minimal discovery and after exchange of infringement and invalidity positions.

Pure Fishing v. Shimano (D. S.C./Columbia Division 2010)
Patent infringement
Represented the defendant in a patent infringement case over fishing line. Case settled.

4522958 Canada v. KY Wholesale (E.D. Cal 2009)
Patent infringement
Represented the plaintiff in a patent infringement case over hedge trimmers. Case settled.

Large Audience Display Systems, LLC v. The Los Angeles Lakers (E.D. Tex. 2010 C.D. Cal. 2011)
Patent infringement
Represented The Los Angeles Lakers, Inc. in a patent infringement case over the use of screen technology. Case was successfully transferred to the Central District of California. Case settled.

Nautilus v. Icon (W.D. Wash./D. Utah 2007)
Patent infringement and trademark infringement
Represented Nautilus in a lawsuit over the Bowflex exercise machine in patent and trademark disputes against its competitor, Icon Health & Fitness. After a trial and two appeals to the Federal Circuit, the case settled before a second trial and while the second appeal to the Federal Circuit was pending.

Park Smith v. Smith & Noble (S.D.N.Y. 2006)
Design patent infringement
Patent lawyer representing the defendant in a design patent infringement case. Case settled on favorable terms with no discovery or depositions taking place.

Peregrine Pharmaceuticals v. Cancer Therapeutic (Orange County 2008)
Breach of contract
Technology counsel representing defendant in breach of contact case over revolutionary cancer drug for treating lung cancer. Case is still pending.

Straman v. Volkswagen of America (Orange County 2003)
Antitrust and unfair competition
Represented Volkswagen of America in antitrust and unfair competition case brought by modifiers of Volkswagen New Beetles into convertibles. Case involved proving that re-engineering of New Beetles was not safe and did not meet federal safety standards. Case settled favorably after expert discovery.

Contact Us

I am committed to enforcing and defending the technology, patent and intellectual property rights of my clients. I would be pleased to discuss your technology and your legal issues, and invite you to contact me.

Stan Gibson
SGibson@JMBM.com
310.201.3548