Patent Litigation

Waymaker represents plaintiffs and defendants in patent infringement actions. Recognizing patent litigation as critically important but also particularly costly, the firm staffs patent cases efficiently. Applying our broad base of litigation experience, we streamline issues at the outset of an engagement to minimize expense. Several of our lawyers have technical and practical experience that is of particular importance in the patent litigation context.

We are also retained to develop and implement comprehensive strategies to protect and enforce a client’s intellectual property portfolio. We advise clients not only in the context of litigation, but also with an eye toward potential future issues, aiming to avoid costly litigation.

Based on our expertise in patent litigation, and on our broader litigation skill set, we are frequently asked to substitute or associate into active matters to correct issues created by former counsel.

Waymaker also has represented clients before the Patent and Trademark Office in Inter Partes Reviews and other proceedings.

Representative Engagements:

• eDirect Publishing, Inc. v. LiveCareer, Ltd.
  Represented plaintiff eDirect in an infringement action against LiveCareer, a competitor. Following discovery and claim construction, the parties mediated and negotiated a confidential settlement.

• Hologram USA, Inc. v. Pulse Evolution Corporation
  After several companies allegedly used the patented technology of Waymaker’s client to create a hologram of Michael Jackson for the Billboard Music Awards, the firm was retained to sue for patent infringement damages. After prolonged litigation, the parties reached a favorable business resolution.

• Hologram USA, Inc. v. Cirque de Soleil
  Represented the patent-holder in a lawsuit against Cirque de Soleil related to the use of certain hologram technology in the Michael Jackson: One Las Vegas show at Mandalay Bay. The parties eventually settled the dispute on confidential terms.

• Hologram USA, Inc. v. Twentieth Century Fox Corporation
  Represented a client in an action arising from Fox’s use of patented hologram technology to display a Homer Simpson hologram at Comicon. The case was quickly and favorably settled after filing.