Jeff A. Woller
Jeff Woller focuses his practice on client counseling for patent portfolio development, patent infringement and validity issues, and preparing and prosecuting patent applications in the United States and internationally.
Jeff has prepared and prosecuted patents, as well as prepared patent infringement and validity opinions, in a range of technical areas encompassing mechanical devices, computer technologies, and semiconductors; including, automotive body structures, medical devices, semiconductor processing equipment, computer software and business methods, telecommunications, semiconductor device fabrication, and tools. He has also represented clients in enforcing or defending intellectual property rights via patent litigation in several federaldistrict courts.
Mentor Graphics Files Suit Against EVE-USA, Inc.
According to Mentor Graphics Corporation's complaint (PDF), this lawsuit follows EVE-USA, Inc.'s declining a March 2005 offer to license U.S. Patent No. 6,876,962 (PDF). EVE is the U.S. subsidiary of Emulation and Verification Engineering, SA (France).
The '962 patent claims a tool for designing and debugging complex integrated circuits that emulates multiple circuits concurrently. An advantage to such a tool is that emulating multiple circuits simultaneously is more efficient, from a computer resource viewpoint, than emulating integrated circuit designs one at a time. Mentor Graphics alleges EVE's ZeBu Server directly infringes the '962 patent and also induces and contributes to infringement of the '962 patent. Mentor Graphics seeks injunctive relief and treble damages for EVE's alleged use of the patented integrated circuit emulation and verification technology.
Benchmade Knife Co., Inc. v. Benson d/b/a RoadsideImports, LLC
When things go wrong for Mr. Benson, they all go wrong.
After denying Mr. Benson’s motion to dismiss, Judge Haggerty denied Mr. Benson’s motion to transfer to Colorado. A scheduling order issued requiring each party to submit a letter indicating whether mediation should be undertaken. The June 11, 2010 deadline for such letters came and passed with only Benchmade Knife Co. and Mentor Group, LLC responding. Even though Plaintiffs conferred with Mr. Benson about a protective order and entering settlement discussions, Mr. Benson apparently did not feel obliged to submit a letter to the Court by June 11, 2010.
Judge Haggerty’s next order was for Mr. Benson to show cause in writing by June 30, 2010 why he should not be sanctioned for not complying with court orders. Mr. Benson was also ordered to explicitly state to what extent he would keep settlement discussions confidential. Mr. Benson responded on June 21, 2010 with a mediation request stating this lawsuit is driving him into bankruptcy, that he unknowingly sold knives covered by Benchmade’s patents, and offering to testify on Benchmade’s behalf in other lawsuits. Even though timely, such a response was not what the Court wanted.
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It's a lawsuit!
Aaron Sternberg and Borer's Nest, Inc. announced the arrival of a new lawsuit against Griffin International Companies, Inc. The suit weighed one asserted patent, U.S. Patent No. 7,582,017 (PDF), and was five counts long at filing. The lawsuit brings demands for damages and preliminary and permanent injunctions to stop Griffin from selling foam rubber video game controllers. The new suit is also demanding attorney's fees and is expected to keep everyone quite busy.
Benchmade Knife Co., Inc. v. Benson d/b/a RoadsideImports, LLC
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In denying Jonathan Benson’s motion to dismiss for lack of personal jurisdiction, in an order reading like a model exam answer, Judge Haggerty provides useful guidance for law students and businesses.
For the aspiring lawyer, your Civ Pro answer for the personal jurisdiction question (and there will be one) should read much like Judge Haggerty’s March 15, 2010 Order [PDF]. My Civ Pro professor, W. Burlette Carter, would give props to the analysis of whether hauling Mr. Benson into the District of Oregon offends traditional notions of fair play and substantial justice under the International Shoe standard. If you’re taking her class, at least make sure that’s in there.
For the small business hoping to avoid court outside its home state, don’t sell over the Internet! OK, maybe that’s bad business advice – so, lessen the risk of a court asserting personal jurisdiction over you while selling over the Internet by not (1) posting public acknowledgments of sales in states where you don’t want to go to court, (2) criticizing businesses in states where you don’t want to go to court, and (3) advocating boycotts of businesses in states where you don’t want to go to court. Mr. Benson did all three, and they were the primary reasons Judge Haggerty found it fair to keep him in court in Oregon. While there’s no guarantee that abstaining from these three activities will prevent a court from keeping you there to defend a lawsuit, you can bolster the argument that it’s not fair or substantially just.
Photo courtesy of : www.freeimages.co.uk
Bringing Patents to a Knife Fight
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Oregon-based Benchmade Knife Co. Inc. and Mentor Group, LLC sued Jonathan Benson, alleging infringement of U.S. Patent Nos. 6,550,832, 6,675,484, and 5,822,866; trademark infringement; unfair competition; and false advertising. The August 18, 2008 complaint touched off not only a lawsuit, but a no-holds-barred knife fight. Benchmade and Mentor sent a September 24, 2008 settlement offer requesting Mr. Benson to concede to a laundry list of items and pay $15,000. Mr. Benson’s animosity reared when he posted the letter on assistedknives.com/Benchmade/BenchmadeExtortion, then introduced new materials on his website directed to Benchmade. Benchmade filed amended complaints to add defamation allegations and a request for trade libel relief in response to Mr. Benson’s modified website. Mr. Benson formed Roadside Imports, L.L.C. in time for the company to be included as a defendant on the second amended complaint, a maneuver he may come to regret.
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