Douglas "Doug" D. Salyers
Partner
Practice Group Leader - Intellectual Property
Atlanta
Phone:
404.885.3208
Fax:
404.962.6673
doug.salyers@troutmansanders.com
Vcard
Doug has over 25 years of trial and appellate experience specializing in patent litigation. He has tried numerous cases including patent cases and handled appeals before the Federal Circuit and Eleventh Circuit for clients across the country. Doug also counsels clients on patent and other technology issues outside the court process and has successfully resolved intellectual property disputes using arbitration and mediation. Doug is head of the firm’s Intellectual Property Practice Group.
Publications
"The Internet's Long Arm," Legal Times, November 24, 1997
Public Service
Adjunct Professor, Emory Law School, Pretrial Litigation, 2001-Present
Board Member, Japan-American Society of Georgia, 2006-2007
New Zealand America Society Member
Associate Envoy for New Zealand Olympic Team
Atlanta Committee for Olympic Games, 1996
Chairman, Church Council, St. James United Methodist Church, 2002-2004
Trustee, St. James United Methodist Church, 2008
Representative Experience
Owen Mumford v. SurgiLance – Lead trial counsel for manufacturer of medical device accused of infringement. Summary judgment of infringement by district court overturned by Federal Circuit (134 Fed. Appx 342, 2005 U.S. App. LEXIS 10665) based on claim construction – product found to not infringe by Federal Circuit.
Mezzalingua v. Arris – Lead trial counsel for cable connector manufacturer in jury trial. Jury found product infringed, which verdict was upheld by Federal Circuit. Client successfully designed around patent during appeal and continued to sell product.
General Creation v. Leapfrog – Lead trial counsel for electric toy patent owner in infringement case against major competitor. Case settled after favorable Markman ruling (232 F. Supp. 2d 661) with infringer agreeing to license patent.
Akeva v. Mizuno – Lead trial counsel for running show manufacturer accused of infringing patent. After a series of pretrial rulings, (199 F. Supp 2d 336, 212 F.R.D. 306, 243 F. Supp 2d 418) including one excluding patent owner’s technical expert, case settled two weeks before trial.
Jackson v. Glenayre – Retained after another firm lost patent infringement trial and first appeal to handle post appeal attempt by patent owner to get a second trial. Successfully convinced district court and Federal Circuit (443 F. 3d 551) that second trial for additional damage was not warranted.
ACI v. PTI – Seven years after case started, retained as lead trial counsel to defend steel making equipment company in patent infringement and trade secret case. Successfully orchestrated Markman process to ultimately obtain summary judgment of noninfringement and invalidity for two patents. Case then settled favorably for client.
NDC v. MedE – Lead trial counsel for healthcare software owner whose product was improperly obtained by competitor. Substantial settlement obtained from defendant after discovery.
Ezenia v. Accord Networks – Lead trial counsel representing videoconferencing company accused of infringing chip technology patent while client involved in initial public offering. Case settled shortly before client went public.
Syncsort v. Michael H. Wagner – CambridgeAlgorithm Corporation and ICF Kaiser, International - Lead trial counsel representing defendants in patent infringement action involving sorting software for computers. Prior to extensive discovery commencing, instituted reexamination proceeding which resulted in key claim being invalidated. Case subsequently settled.
Nellcor Puritan Bennett v. Healthdyne Technologies – Lead trial counsel representing defendants in trade secrets case involving liquid oxygen devices used in the home healthcare market. Successfully defeated preliminary injunction request seeking to close down our client’s factory. Case subsequently settled.
Adeza Biomedical v. Matria Healthcare – Lead trial counsel for exclusive distributor of patented biochemical marker for pre-term labor in dispute brought in Santa Clara, California. Pursued preliminary injunction and discovery before settling with patentee based on very favorable new relationship.
Margaux v. Hussmann – Lead trial counsel for Hussmann Corporation in patent infringement action involving variable speed refrigeration controls. Pursued extensive discovery and conducted numerous depositions including expert witnesses. Directed a team involving two attorneys in St. Louis patent law firm, as well as three associates in our office. Parties reached a settlement shortly before scheduled trial.
The Step Company v. Reebok International Ltd. – Lead trial counsel for The Step Company in lawsuit brought to terminate license agreement between The Step Company and Reebok which required placement of Reebok trademark on The Step Company’s aerobic platform product sold to health clubs. Lawsuit arose when Reebok introduced competing product. Successfully defeated temporary restraining order seeking to enforce license agreement. Parties ultimately reached settlement which allowed The Step Company to remove Reebok trademark from its product and continue all aspects of its previous business.
State Industries v. Rheem Manufacturing Company – Co-lead counsel for defendant in patent infringement lawsuit brought in U.S. District Court concerning foam enclosure method used in water heater industry, with alleged infringing products totaling over one billion dollars. Able to convince court-appointed expert, prior to trial, that patents-in-suit were invalid and not infringed. On eve of trial, plaintiff agreed to dismiss its lawsuit which sought hundreds of millions of dollars in damages.
Other Distinctions
Recognized in The Best Lawyers in America in Intellectual Property Law in the 2007 edition
Selected as a Super Lawyer by Law & Politics and Atlanta Magazine for Intellectual Property Litigation (2004-2008)
Named to Georgia Trend magazine’s Legal Elite in Intellectual Property (2004-2008)
Recognized as one of America's Leading Lawyers for Intellectual Property by Chambers USA (2003-2008)
Chambers USA, America’s Leading Business Lawyers, Intellectual Property 2003,2004
Work Experience
Partner, Troutman Sanders LLP, 1991-Present
Associate, Troutman Sanders LLP, 1982-1990