Large publicly traded companies and cutting-edge startups trust Gish PLLC to handle their most intricate IP matters. Our attorneys achieve disproportionately successful results for our clients before federal and state courts, the Patent Trial and Appeal Board, the Federal Circuit, and the International Trade Commission.
In a rare decision from the U.S. District Court for the District of Delaware granting dismissal of a patent infringement suit based on lack of standing, Gish PLLC has helped Zydex achieve victory in a long running patent dispute with ALM Holding Company and Ergon Asphalt & Emulsions, Inc. ALM and Ergon asserted that Zydex's ZycoTherm products—an innovative line of asphalt additives—infringed six U.S. patents. Gish PLLC challenged ALM and Ergon's standing to assert those patents in a Rule 12 motion, arguing that an exclusive, third-party license divested them of exclusionary rights, and thus deprived them of constitutional standing. In an Order dated November 25, 2024, the District of Delaware granted Zydex's Rule 12 motion and dismissed the suit.
In a significant win for GAF Materials, the Federal Circuit has affirmed the PTAB's decision invalidating all 34 patent claims in an IPR proceeding initiated by GAF.