Doug has 30 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 the former head of the firm’s Intellectual Property Practice Group.
Frontier Communications v. Google Inc. – Lead counsel on behalf of Google, which is accused of infringing a patent for an enhanced telephone services system in the District of Delaware.
Selex Communications, Inc. v. Google Inc. – Lead counsel on behalf of Google, which is accused of infringing a patent for devices and methods of making a mobile telephone call in the Northern District of Georgia.
Hudson Surgical v. Biomet – Lead trial counsel on behalf of Biomet, which is accused of infringing a patent for surgical method and apparatus for knee replacement in the Northern District of Indiana. Case stayed during inter partes reexamination.
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 851) that second trial for additional damage was not warranted.
Iggesund Tools v. Key Knife - Lead trial counsel for defendant manufacturer of knifes for timber industry accused of infringement. Successfully defeated preliminary injunction. After Markman hearing, case dismissed as part of global settlement.
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.
Atlanta Attachment Company v. Leggett & Platt - Lead trial counsel for maker of industrial machines for manufacture of mattresses against major competitor for infringement of client's patents. After trial court awarded summary judgment of infringement, jury trial held which resulted in award of lost profits, attorney's fees, and willfulness enhancement. Federal Circuit overturned case based on on-sale bar.
Leggett & Platt, Inc. v. Atlanta Attachment Company - Lead trial counsel in patent infringement case brought against client in California. Successfully moved to transfer case to Georgia and case quickly settled on favorable terms to client.
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.
Winfrey v. Kimberly Clark - Lead counsel for defendant accused by pro se defendant of stealing her patented ideas. Successfully obtained dismissal of case on statute or limitations grounds prior to answer.
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 shoe 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.
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.
Presentations and Speaking Engagements
ADR in Intellectual Property Cases, Corporate Counsel Institute, (1996).
“Damages in IP Cases,” PLI Patent Litigation Seminar, (1997).
“Sex, Lies and Videotape - The Production of a Patent Trial,” PLI Patent Litigation Seminar, (1998).
“The Paper Side of Patent Cases - Don’t Become Just Another Statistic in the Federal Circuit,” PLI Patent Litigation Seminar, (1999).
“The Perils of Practitioners Penning Patent Opinions, Protecting Privileges, Preventing Production and Other Ponderous Problems” PLI Patent Litigation Seminar (2000) (2001).
“Patent Litigation Strategy,” IP Section Georgia Bar (2003).
“So You’ve Had Your Markman Hearing - Now What Do You Do?” PLI Markman Hearing Seminar (2004).
“Demonstration of a Direct and Cross-Examination of a Technical Expert Contending for Obviousness,” PLI Patent Litigation Seminar (2005).
“The Internet’s Long Arm,” Legal Times, November 24, 1997.
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-present