HKW CLIENTS AWARDED $1.55 MILLION IN ATTORNEY’S FEES IN MAJOR PATENT LITIGATION

United States District Judge James Selna has determined that Plaintiff Kinglite Holdings will have to pay $1.55 million in attorneys fees and expenses of patent infringement litigation incurred by Defendants American Megatrends, Gigabyte Technologies and Micro-Star International.  HKW led by Steve Hill successfully represented the Defendants in defeating claims relating to six different patents relating to BIOS technology, and then recovering their attorney fees.

http://www.law360.com/articles/835312/kinglite-to-pay-1-5m-in-atty-fees-in-exceptional-ip-suit


HKW HAS BEEN RECOGNIZED AS A LEADING GLOBAL LAW FIRM FOR PATENT LITIGATION SERVICES IN THE FOURTH EDITION OF THE INTELLECTUAL ASSET MANAGEMENT (IAM) PATENT 1000 GUIDEBOOK, RECENTLY ISSUED FOR 2016

HKW has been recognized as a leading global law firm for patent litigation services in the fifth edition of the Intellectual Asset Management (IAM) Patent 1000 guidebook, recently issued for 2016.

“This is the definitive directory devoted to singling out the leading patent services providers in the world,” said HKW co-founder Steve Hill.  “Our diverse clients have placed great confidence in us across a full range of scientific and technical disciplines, which in turn has given our attorneys a chance to shine.  We are pleased to be recognized for our efforts.”  The IAM Patent 1000 is a comprehensive guide to the world’s leading patent professionals. IAM gathers intelligence on leading patent specialists in major jurisdictions across the globe, and the results are based on 1,500 interviews with patent attorneys, other attorneys and in-house counsel around the world.

 Specifically, the guide noted:

 “Nationally recognized Hill, Kertscher & Wharton represents a panoply of individuals and businesses in intricate legal matters. Its compact size ensures personal, partner-led support every step of the way. An accomplished trial lawyer with a proven record of success in multimillion-dollar brawls, Steven Hill has secured victories in more than 200 cases involving patents, copyrights, trademarks and trade secrets. Having also dispatched antitrust and franchise-related briefs with aplomb, he knows how to defend companies’ intellectual property from every conceivable angle. Unfair competition claims – including PRE and Walker Process claims – as well as patent misuse and Lanham Act actions are meat and drink to seasoned litigator John North; the courtroom is his home away from home.”

 http://www.iam-media.com/Patent1000/Rankings/Detail.aspx?g=ec51c1ff-6279-411e-98dc-99d061649771


HKW represents CLX in acquisition of Mblox Incorporated

Hill, Kertscher & Wharton recently represented CLX Communications AB (Publ) and its U.S. subsidiaries in its acquisition of Mblox Incorporated for cash consideration of $117 million in a merger which closed on July 11, 2016. Both CLX and Mblox are among the world’s largest providers of cloud-based communications services and solutions, including application-to-person (A2P) mobile messaging services.

Scott Wharton led the team, and was joined by corporate associates Lucas Geren and Counsel McCullen on the transaction.

http://www.businesswire.com/news/home/20160711006478/en/CLX-Communications-Completes-Acquisition-Mblox




HKW clients to be awarded attorney’s fees in major patent litigation.

United States District Judge James Selna has determined that Plaintiff Kinglite Holdings will have to pay the attorneys fees and expenses of patent infringement litigation incurred by HKW clients and Defendants American Megatrends, Gigabyte Technologies and Micro-Star International.  The HKW team led by Steve Hill, John North, Martha Decker and Vivek Ganti successfully represented the Defendants in defeating claims relating to six different patents relating to BIOS technology.  

http://www.law360.com/articles/811832/ip-row-s-1st-phase-deemed-exceptional-judge-orders-fees

 



U.S. Patent Office institutes a thirteenth inter partes review proceeding against Kinglite.

HKW clients American Megatrends, Micro Star International and Giga-byte Technology have successfully petitioned the Patent Trial and Appeals Board to institute an inter partes review (IPR) challenging the validity of Kinglite Holdings’ U.S. Patent No. 5,836,013 addressed to compressible BIOS.  HKW lawyers Steve Hill and Vivek Ganti successfully argued the petition. This marks the thirteenth Kinglite patent that HKW has placed into IPR on behalf of these clients.  

 


District Court invalidates two more Kinglite patents.

On behalf of clients American Megatrends, Micro-Star International and Giga-byte Technology, HKW has successfully argued to the United States District Court for the invalidation of the asserted claims of United States Patent Nos. 6,401,202 and 6,487,656, which are owned by Kinglite Holdings.  The patents relate to the basic input/output system (BIOS) for booting the operating system of a computer.  The Honorable James Selna agreed with HKW’s arguments that the claims asserted are directed to subject matter that is not patentable because the claims are broad enough to cover transitory signals such as embedded carrier waves.  He further agreed with HKW that the 202 Patent is invalid because it covers the abstract concept of multitasking in BIOS.  This makes three Kinglite patents which the Court has invalidated in the case, along with seven other patents which the Court has dismissed for reasons such as non-infringement.  Twelve of the Kinglite patents are in pending inter partes review proceedings, with two other petitions for inter partes review pending.

 


Patent Trial and Appeals Board Places Twelfth Kinglite Patent under Inter Partes Review

HKW clients American Megatrends, Giga-byte Technology, GBT USA, Micro-Star International and MSI have succeeded in obtaining an inter partes review (IPR) of U.S. Patent No. 5,937,200, which is owned by Kinglite Holdings, based on prior art which was not originally considered by the Patent Office.  This is the twelfth Kinglite patent to be placed in IPR within the last year.  The HKW IPR team was led by Vivek Ganti and Steve Hill.

 





HKW has developed substantial expertise in contested matters relating to patents and is involved in handling all aspects of IPRs

As part of its growing post-grant review practice, Hill, Kertscher & Wharton, LLP (“HKW”), on behalf of its clients American Megatrends, Giga-Byte Technologies, and MicroStar Computers​, has now successfully filed separate petitions for inter partes review (IPR) against eleven different patents owned by Kinglite Holdings. Two additional petitions remain outstanding.  These IPRs are a part of the ongoing defense against Kinglite’s allegation of patent infringement of more than twenty U.S.  patents by HKW clients. The IPR team is comprised of Steve Hill, John North and Vivek Ganti.

HKW has developed substantial expertise in contested matters relating to patents and is involved in handling all aspects of IPRs, including, but not limited to, the preparation and filing of petitions, preliminary responses, patent owner responses, replies, depositions, motion practice, and IPR trials.​  

 

 

 


HKW has been recognized for a second consecutive year as a leading global law firm for patent litigation services in the forthcoming fifth edition of the Intellectual Asset Management (IAM) Patent 1000 guidebook

HKW has been recognized for a second consecutive year as a leading global law firm for patent litigation services in the forthcoming fifth edition of the Intellectual Asset Management (IAM) Patent 1000 guidebook, soon-to-be issued for 2016.  HKW was 1 of 12 law firms in Georgia chosen for this distinction.​ For the third straight year, partners Steve Hill and John North were recognized as among the leading 1000 patent practitioners in the world.

 




HKW Files Inter Partes Review Petition Challenging Obvious Pharmaceutical Formulation Patent

As part of its growing post-grant review practice, Hill, Kertscher & Wharton, LLP (“HKW”), on behalf of its client, Complex Innovations, LLC, filed its first inter partes review petition directed toward a pharmaceutical composition patent (U.S. Patent Number 7,829,595). HKW’s team, including John North, Jenny Calvert, and Vivek Ganti, with the support of a well-respected pharmaceutical formulation expert, demonstrates through the petition that the challenged patent is invalid because a person of ordinary skill in the art “would have been motivated to add these well-known excipients and would have had no difficulty optimizing through routine experimentation the weight ranges of the [active pharmaceutical ingredient] and excipients identified…”

HKW has developed substantial expertise in contested matters relating to patents and is involved in handling all aspects of IPRs, including, but not limited to, the preparation and filing of petitions, preliminary responses, patent owner responses, replies, depositions, motion practice, and IPR trials.

 


California judge strikes down key BIOS security patent in Kinglite litigation…

California federal judge struck down Kinglite’s BIOS security patent that it has asserted against various technology manufacturers, saying it couldn’t stand in the face of scrutiny from the framework established in the U.S. Supreme Court‘s Alice ruling.

U.S. District Judge James V. Selna granted a bid by HKW clients American Megatrends, Giga-Byte Technologies, and MicroStar Computers for judgment on the pleadings that certain claims of Kinglite Holdings Inc.’s U.S. Patent Number 6,892,304 detail subject matter not eligible for a patent, according to an order issued Oct. 16. The judge concluded that the patent was directed merely to the abstract idea of authenticating a request using further abstractions, such as numerical keys and a signature produced by an algorithm, making it invalid under Section 101 of the Patent Act. “Similar to the claims at issue in Alice, … the ‘304 patent claims, viewed individually and as an ordered combination, simply instruct the practitioner to implement the abstract idea of authentication with routine, conventional activity on a generic computer,” the judge said. “Defendants have met their burden in showing by clear and convincing evidence that [the challenged claims] are patent-ineligible under section 101.” American Megatrends, Giga-Byte Technologies, and MicroStar Computers are represented by Steven Hill, John North, Martha Decker, Vivek Ganti and Julie Burke of HKW.