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“[W]e have not explicitly set out the standard of review applicable to a trial court’s categorization of a complaint’s allegations.... We hold today that our review of trial court determinations on these matters is de novo.”
– CAFC Opinion
AlexSam, Inc. v. Aetna, Inc., CAFC Case No. 2022-2036
(October 8, 2024)
See IPWATCHDOG.COM
PRACTICE AREAS
BUSINESS LITIGATION
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Patent Infringement
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Copyright, Trademark and Trade Secrets
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Unfair Competition
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Business Torts
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Contracts
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General Business
PTAB & USPTO PROCEEDINGS
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IPRs
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Ex parte re-exams
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Re-issues
TRANSACTIONS
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EMPLOYMENT LAW
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Wrongful termination
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Wage & hour violations
CLASS ACTIONS
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Pre-litigation counseling
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Litigation
OUR ATTORNEYS
Steven W. Ritcheson
Founder & President
Jacqueline Knapp-Burt
Counsel
FEATURED
CASES
CASES IN THE NEWS
BLAH
APPEALS
Represented Appellant in successful appeal in patent infringement case before the Federal Circuit. Case remanded back to the District Court of Connecticut. Represented Plaintiff and patent-owner. Case ongoing.
AlexSam, Inc. v. Aetna, Inc., CAFC Case No. 2022-2036
DISMISSALS
Obtained dismissal for defendants in trademark infringement case after filing early motion to dismiss for lack of personal jurisdiction while demonstrating substantive weakness of claims. Claims not refiled. Represented Defendants.
Planet One Products, Inc. v. Wine Cellar Pro, LLC, Erik Kuehne, N.D. CA. Case No. 4:22-cv-07866-HSG (3/31/2023)
DENIALS OF MOTIONS TO DISMISS
Obtained denial of Motion to Dismiss under §101. Represented Plaintiff.
AlexSam v. HealthEquity, 2:19-cv-00445-HCN-CMR. (101 Motion Denied 8/7/2020; petition for interlocutory appeal denied by CAFC 10/14/2020)
Additional denials of motions to dismiss...
SIGNIFICANT SETTLEMENTS & ARBITRATIONS
Obtained favorable pre-answer settlement of IP claims (Design Patent Infringement; Copyright Infringement; Trade Dress Infringement; Trademark Infringement; False Designation of Origin; Unfair Competition). Represented Plaintiff.
Paint Zoom, LLC v. Groupon, Inc. et al, C.D. CA. Case No. 17-cv-6790 (9/14/2017)
Additional settlements & arbitrations...
CLAIM CONSTRUCTIONS
Prevailed on claim construction of case essential terms. Represented Plaintiff.
Rail Assets, LLC v. Wabtec Corp., W.D. PA. Case No. 2:19-cv-01636-NR. (2/23/2021)
Additional claim constructions...
EXPERT WITNESS
Served as a defense expert on patent issues.
Uri Cohen, et al v. Precision Wire Products, Inc. et al, California Superior Court, Santa Clara County, Case No. 17cv316277 (1/2020)
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