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Patrick Lafferty is of counsel on the Intellectual Property team and holds a degree in electrical engineering. His practice focuses on patent litigation and counseling, including matters related to semiconductors, encryption and security, distributed networks, telecommunications (including cellular standards), software applications, FinTech, the mechanical arts, life sciences (ANDA/aBLA) cases, and standard essential patents. He is also a registered patent attorney at the USPTO.
Patrick has extensive experience in all aspects of patent litigation in the top patent venues in the nation, including the Eastern and Western Districts of Texas, Delaware, and the Northern District of California. Patrick has represented and litigated against some of the largest companies in the world. He has also counseled clients and effectively litigated proceedings at the USPTO (including numerous inter partes review proceedings) and Section 337 investigations at the International Trade Commission.
Representative Matters
Represented Amtech Systems LLC against Kapsch in competitor vs. competitor patent litigation at the International Trade Commission (Section 337) on RFID technology used in electronic toll collection. Patrick led the technical case for one set of patents, including taking and defending key fact and expert depositions.
Represented Sanofi in Hatch-Waxman litigation against Merck concerning insulin glargine and mechanical pen injectors. Patrick had primary responsibility for mechanical pen injector patents, including preparing trial testimony and examining one of Sanofi’s lead validity experts at trial.
Represented Apple against Qualcomm in cases concerning cellular baseband chipsets and standard essential patents (SEPs), including FTC v. Qualcomm, the In re Qualcomm Antitrust Litigation MDL litigation, the principal Apple v. Qualcomm antitrust/FRAND case, as well as related patent proceedings at the ITC and around the world (e.g., the Korean Fair Trade Commission). Patrick focused on issues concerning FRAND licensing and the baseband chipset industry, conjoint and regression analyses, issues of French law and contract interpretation, standard setting organization IPR policies and consumer behavior/surveys.
Represented software company ROY-G-BIV in patent litigation against ABB, Honeywell, and Siemens on motion control software patents used in process control plants. Managed all aspects of discovery, including taking or defending depositions of three technical witnesses and two technical experts. Patrick led the review of millions of lines of source code, including managing a team of experts for over a year. Patrick also had responsibility for successfully defeating at the summary judgment stage an argument that our clients violated the intellectual property policy of a standard setting organization. Patrick also represented ROY-G-BIV in inter partes review before the U.S. Patent and Trademark Office, which successfully defended the validity of the motion control patents that were the subject of the co-pending litigation. This was the first case to uphold the validity of all challenged patent claims in an IPR.
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