John W. Downing’s practice focuses on patent infringement, trade secret, and other intellectual property matters in federal court and before the International Trade Commission. He has particular experience with complex technology matters, including satellite communications, semiconductor fabrication, electronic circuits, interactive gaming systems, and mechanical medical devices.
- Uber in securing dismissal of a patent infringement case alleging that Uber’s user application infringed Halio Technologies’ automated dispatch and payment system patent.
- Google in securing summary judgment based on non-infringement and further granting Google’s motion monetary sanctions in a patent infringement suit brought in the Southern District of Texas by SuperSpeed Software, alleging that “Google Docs” and “Google Drive” infringed two data access patents that SuperSpeed incorporated into software used to accelerate the performance of computers linked to a shared-disk network.
- Fintiv in defeating Apple’s motion to transfer venue of Fintiv, Inc. v. Apple Inc. from the Western District of Texas to the Northern District of California. The complaint in the action alleges that Apple Wallet and the Apple Watch infringe Fintiv’s patent relating to the management of virtual cards stored on mobile devices.
- Google in successfully securing a complete dismissal in a six-patent infringement case brought by Data Engine Technologies in the District of Delaware. Data Engine alleged that Google Sheets infringed patents which purportedly covered the Quattro Pro for Windows® spreadsheet program sold by Borland Software Corporation in the 1990s. The court found that the asserted claims were directed to patent-ineligible subject matter and thus invalid, and granted Google’s motion to dismiss.
- Google in a patent infringement case alleging that Google Drive infringed Hall Data’s database synchronization patent. Kasowitz won a motion to transfer venue, from the Eastern District of Texas to the Northern District of California, on behalf of Google.
- LG in a seven-patent infringement case involving USB chargers in the Eastern District of Texas. Plaintiff Fundamental Innovation Systems licensed the patents-in-suit from Blackberry, and assert infringement against several high-profile companies, including Huawei and ZTE.
- Adobe Systems Incorporated customers (e.g. Bed Bath & Beyond, QVC, J.C. Penney, Kohl’s Corporation and Dillard’s) in a patent infringement case alleging infringement of Tejas’s image file formatting patent. By utilizing the customer-suit exception, Kasowitz filed a declaratory judgment action in the Northern District of California against Tejas on behalf of Adobe. This rarely utilized exception allowed Kasowitz to secure a walk-away victory on behalf of Adobe and its customers.