Protecting Your IP Assets | BakerHostetler

You understand the value of your intellectual property (IP) assets. Your company’s technology, innovations, marks and brands are central to its individual identity and value proposition. They enable you to carve out a unique space in the marketplace and open up revenue streams that provide fuel for continued growth.

On behalf of Siemens Gamesa Renewable Energy (SGRE), a market leader in wind turbine technology, we convinced a jury that rival General Electric (GE) infringed our client’s patent related to wind turbines. Following a 14-day trial in Boston, the jury found SGRE’s patent infringed and not invalid and awarded our client a royalty of $30,000 per megawatt (valued at roughly $60 million). The court also granted a permanent injunction against GE’s offshore wind turbines and doubled the jury’s award for one wind turbine farm, resulting in total damages valued at roughly $97 million.
We also successfully defended SGRE in the ITC against claims brought by GE accusing SGRE’s wind turbines of infringing two of GE’s patents. A loss in the ITC would have prevented SGRE from importing, selling, installing and servicing its wind turbines in the U.S. Instead, the victory we secured enabled SGRE to continue its business operations in the U.S.
BakerHostetler secured an important win for client Hermès International when a federal judge permanently blocked artist Mason Rothschild from selling his MetaBirkin non-fungible tokens (NFTs). The decision, made by Judge Jed Rakoff of the U.S. District Court for the Southern District of New York – comes just four months after BakerHostetler convinced a federal jury in the same court that Rothschild’s MetaBirkin NFTs infringed on trademarks protecting the name and appearance of the luxury Birkin bags made by Hermès. In his decision, Judge Rakoff wrote that this permanent injunction was justified because Rothschild’s continued marketing of the NFTs would likely confuse customers and irreparably harm Hermès.
BakerHostetler secured a complete victory from the International Trade Commission for client Culligan International and its subsidiary, ZeroWater, and against Clorox Co.’s Brita brand. The Commission issued a final ruling finding the patent asserted by Brita invalid on three separate grounds and accordingly terminated the investigation against Culligan/ZeroWater and two other primary industry players in the gravity fed water filtration arena. As a result, ZeroWater can continue importing and selling its key product-line of 5-stage water filters and pitchers/dispensers in the U.S.
We successfully represented longtime client Comcast Cable Communications against Sprint Communications in a two-week patent infringement trial in the U.S. Circuit Court for the Eastern District of Pennsylvania. Comcast’s patents were held infringed and not invalid and the Court entered judgment against Sprint.
We successfully demonstrated that all 32 claims of three patents asserted against client Jubilant Radiopharma in an ITC action are invalid. As a result, the ITC determined that Jubilant’s importation and sale of RUBY-FILL Generators and RUBY Elution Systems in the U.S. did not violate the 1930 Tariff Act. We also achieved significant IPR success for Jubilant in the PTAB, where we invalidated all 22 claims of two additional patents asserted against Jubilant in a district court action. After we successfully defended the ITC’s and the PTAB’s decisions on appeal, the district court action was dismissed.
BakerHostetler handles all patent and trademark prosecution and IP due diligence for Comscore, a global media measurement and analytics company as well as assists its in-house counsel with the management of its global IP portfolio. We handle technology relating to data collection, big data analytics, data reporting and advertising for Comscore.
We represented Prelude Therapeutics in patent exclusivity strategies and patent portfolio development, which led to a successful Initial Public Offering. BakerHostetler has been IP counsel from conceptualization to the IPO and beyond.