News, Speaking Engagements, and Publications
-
Gish PLLC Wins Dismissal of Patent Infringement Suit for Zydex Based on Lack of Article III Standing11/25/2024
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.
-
Darlena Subashi Joins Gish PLLC as a Partner09/16/2024
Gish PLLC announced today that Darlena Subashi has joined the firm as a Partner. Ms. Subashi joins the firm after nearly a decade of practice, most recently serving as Counsel in the Intellectual Property Litigation group of Alston & Bird LLP, where she represented high-profile clients in cases involving complex technologies. With a particular focus on patent litigation in telecommunications and electronics, Ms. Subashi has counseled clients on disputes in front of district courts, the International Trade Commission, the Patent Trial and Appeal Board, and the Federal Circuit.
-
Gish PLLC Client GAF Wins Federal Circuit Affirmance of PTAB Decision05/06/2024
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.
-
Gish PLLC Invalidates Seven Patents for HopDrive03/29/2024
Gish PLLC has secured the complete dismissal of a patent infringement lawsuit on behalf of the innovative commercial rideshare company, HopDrive, invalidating all seven asserted patents as directed to patent-ineligible abstract subject matter under 35 U.S.C. § 101.
-
Josef Schenker Joins Gish PLLC as a Partner01/29/2024
Gish PLLC announced today that Josef Schenker has joined the firm as a Partner. Mr. Schenker joins the firm after practicing for thirteen years in the IP Litigation group of Ropes & Gray LLP, where he represented high-profile clients in patent litigation matters across a variety of industries including consumer electronics, telecommunications, internet-based technologies, and medical devices. He litigates cases in district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission, and the Patent Trial and Appeal Board.
-
David Lamb Joins Gish PLLC as a Partner11/28/2023
Gish PLLC announced today that David Lamb has joined the firm as a Partner. Mr. Lamb joins the firm after nearly a decade in the Intellectual Property Litigation group of Skadden, Arps, Slate, Meagher & Flom LLP, where he represented high-profile clients across a variety of industries including technology, consumer goods, television, advertising, sports, and manufacturing. With a particular focus on trademark, copyright, false advertising, unfair competition, rights of publicity, and video games, Mr. Lamb has counseled clients on disputes before federal, state, arbitral, and regulatory forums throughout the country. Mr. Lamb has also advised on corporate mergers and acquisitions, and on issues pertaining to the Lanham Act, sports law, cybersecurity, privacy, and data handling procedures.
-
Ed Tulin Participates in Panel Discussion at Patent Law Institute 202310/06/2023
On October 5, 2023, Ed Tulin joined Judge Christopher J. Burke in a panel discussion on patent litigation best practices at the Practising Law Institute's annual intellectual property forum, Patent Law Institute 2023. Ed was Judge Burke's first term law clerk when he became a magistrate judge for the U.S. District Court for the District of Delaware in 2011. The panel discussed multiple issues relating to patent litigation in the District of Delaware, including mediating patent cases, strategies for success in both making and opposing Section 101 motions to dismiss, and navigating local Delaware practices in Markman proceedings.
-
Ed Tulin Presents on Key Developments and Trends in Patent Litigation for Lawline10/06/2023
On September 14, 2023, Ed Tulin presented on Key Developments and Trends in Patent Litigation for a Lawline webinar. Ed's presentation focused on the Supreme Court's recent decision regarding patent enablement in Amgen, proposed legislation relating to patent eligibility and challenges before the U.S. Patent and Trademark Office, the Federal Circuit's recent clarification in Ironberg of the law relating to estoppel from inter partes review proceedings, and changes to the Director review procedures at the Patent Trial and Appeals Board. This presentation is available for on-demand viewing here.
-
Gish PLLC Recovers $20 Million for Advantest Corporation08/04/2023
Gish PLLC has acted as counsel for Advantest Corporation, a leading semiconductor test equipment supplier, in an arbitration against AEM Holdings Ltd., Lattice Innovation, Inc. and Samer Kabbani (collectively, "AEM"). The results of that arbitration proceeding are now publicly available. AEM must pay $20 million to Advantest and immediately terminate any exclusivity provisions that previously blocked Advantest from working directly with a sub-supplier. Furthermore, Advantest did not license any of its IP to AEM as part of the arbitration resolution, and remains free to assert any claims for IP infringement against AEM in the future.
-
Ryan Iwahashi Joins Gish PLLC as a Partner06/06/2023
Gish PLLC is proud to announce that Ryan Iwahashi has joined the firm as a Partner. Mr. Iwahashi – a former Federal Circuit clerk with an MS in Computer Science – made the move to Gish PLLC after nearly a decade in the IP Litigation Group of Gibson, Dunn & Crutcher LLP, where he represented some of the world's leading tech companies. With a particular focus on high-tech intellectual property disputes, Mr. Iwahashi has extensive experience handling patent infringement, trade secret misappropriation, intellectual property licensing, and standard-essential patent matters.
-
Gish PLLC Client Dayus Wins Institution of Inter Partes Review of Two Patents03/06/2023
On March 6, 2023, the Patent Trial and Appeal Board instituted inter partes review based on two petitions that Gish PLLC filed on behalf of Dayus Register & Grille, Inc. The first petition challenges U.S. Patent No. 9,765,988, while the second petition challenges U.S. Patent No. 10,871,305. Gish PLLC also represents Dayus in a parallel district court action.
-
Michael Powell Joins Gish PLLC as a Partner02/22/2023
Gish PLLC announced today that Michael M. Powell has joined the firm as a Partner. Ms. Powell joins the firm after nearly a decade in the Complex Litigation and Trials Department of Skadden, Arps, Slate, Meagher & Flom LLP, where she represented clients that included leading tech companies, cutting-edge start-ups, major financial institutions, and Fortune 500 companies. Ms. Powell's practices focuses on disputes between competitors involving trade secret misappropriation and the misuse of confidential information, and other complex litigation. Members of the Gish team have worked with Michael for nearly a decade and have observed firsthand the commitment to excellence that she brings to her work.
-
Gish PLLC Client Wins Motion to Dismiss Patent Lawsuit Under § 10109/20/2022
On September 20th, 2022, the United States District Court for the District of Massachusetts granted Gish PLLC client iRacing.com's motion to dismiss a patent lawsuit filed by Integrated Technology Solutions, LLC ("ITS"), a patent assertion entity (Case No. 1:21-cv-11477). The Court held that all claims of ITS's U.S. Patent No. 10,046,241 are invalid as patent ineligible under 35 U.S.C. § 101 because they attempt to claim the abstract idea of a racing videogame that simulates track conditions on a vehicle's performance rather than technology to implement the idea.
-
Ed Tulin Presents at TRTCLE Bridge the Gap Compliance Day09/19/2022
On September 16, 2022, as part of TRTCLE's Bridge the Gap Compliance Day for Newly Admitted Attorneys, Gish PLLC Partner Ed Tulin gave a 90-minute presentation entitled Navigating Discovery in Federal Litigation: Pitfalls, Perils, and Opportunities for Plaintiffs and Defendants. Ed’s presentation focused on best practices for pre-litigation preservation and conducting custodial interviews, skills relating to document review and harvesting, how to draft effective discovery requests and objections, and strategies for leveraging discovery during the latter stages of litigation. Ed's presentation was recorded and will be available as part of TRTCLE's video library.
-
Gish PLLC Client Dayus Files Two Petitions for Inter Partes Review08/29/2022
On August 29, 2022, Gish PLLC filed two petitions for inter partes review in the Patent Trial and Appeal Board on behalf of Dayus Register & Grille, Inc. The first petition challenges U.S. Patent No. 9,765,988, while the second petition challenges U.S. Patent No. 10,871,305. Each petition asserts multiples grounds for unpatentability based on prior art references that were not cited during prosecution of the foregoing patents. Gish PLLC also represents Dayus in a parallel district court action in the Eastern District of New York (Case No. 2:21-cv-5107-GRB-ST).
-
Gish PLLC and the Innocence Project File Civil Rights Lawsuit on Behalf of Pro Bono Client Jocelyn McLean06/27/2022
Along with a team that includes lawyers from the the Innocence Project, Gish PLLC has filed a civil rights lawsuit on behalf of Jocelyn McLean, whose infant daughter, Emberly, died after emergency treatment for acute respiratory distress. The Mississippi Medical Examiner's Office wrongly concluded that bruising caused by Emberly's emergency medical treatment was consistent died "blunt force injuries with features of strangulation.” On the eve of Ms. McLean's trial, the medical examiner recanted that conclusion. But by that time, Ms. McLean had spent 11 months in jail.
-
Gish PLLC Client GAF Invalidates All Patent Claims in Successful Inter Partes Review05/24/2022
In a Final Written Decision issued on May 24, 2022, the Patent Trial and Appeal Board found that GAF Materials LLC successfully demonstrated by a preponderance of the evidence that all 34 claims in U.S. Patent No. 6,308,482 ("the '482 patent") are unpatentable in light of multiple prior art references. The PTAB adopted GAF's interpretation of a key claim limitation, and found that the prior art disclosed that limitation, as well as all other claim elements of all 34 claims.
-
Ed Tulin Presents on Best Practices for Litigating in Key Jurisdictions at Patent Law Institute 202204/29/2022
On April 29, 2022, Ed Tulin presented on the topic of Best Practices for Litigating in Key Jurisdictions at Practising Law Institute's annual intellectual property forum, Patent Law Institute 2022: Critical Issues and Best Practices. Ed’s presentation focused on patent litigation in the Western District of Texas, the Eastern District of Texas, and the District of Delaware, including an in-depth discussion of transfer jurisprudence; local rules and standing orders; and approaches to Section 101 challenges in each of those Districts.
-
Ed Tulin Moderates Panel at Patent Law Institute 202204/28/2022
On April 28, 2022, Ed Tulin moderated a panel discussion of the 10th Anniversary of the America Invents Act (AIA) at Practising Law Institute's annual intellectual property forum, Patent Law Institute 2022: Critical Issues and Best Practices. The Panel discussed a host of topics issues relating to the consequences and developments that have occurred in the wake of the AIA’s passage, including the rise of inter partes review proceedings (and the recent role of procedural denials), a resurgence of ex parte reexamination proceedings, and covered business method review proceedings.
-
Andrew Gish Speaks at Patent Law Institute 2021 (San Francisco)04/29/2021
On April 29, 2021, Andrew Gish delivered a talk regarding Equitable Defenses to Patent Infringement at the San Francisco installment of Practising Law Institute's annual intellectual property forum, Patent Law Institute 2021: Critical Issues and Best Practices. Mr. Gish's presentation covered recent updates to equitable defenses including inequitable conduct, unclean hands, attorney fee awards under § 285, laches, equitable estoppel, assignor estoppel, and judicial estoppel.
-
Andrew Gish Speaks at Patent Law Institute 2021 (New York)04/01/2021
On April 1, 2021, Andrew Gish delivered a talk regarding Equitable Defenses to Patent Infringement at the New York City installment of Practising Law Institute's annual intellectual property forum, Patent Law Institute 2021: Critical Issues and Best Practices. Mr. Gish's presentation covered recent updates to equitable defenses including inequitable conduct, unclean hands, attorney fee awards under § 285, laches, equitable estoppel, assignor estoppel, and judicial estoppel.