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REPRESENTATIVE EXPERIENCE

John J. Cotter

MOAEC, Inc. v. Napster, LLC (W.D. Wis.). Obtained summary judgment of patent non-infringement for digital music service Napster.
Community Arts Advocates v. City of Boston (D. Mass.) Brought action seeking preliminary injunction on behalf of street performers and musicians group to invalidate City of Boston regulations restricting members’ first amendment rights to perform in public spaces. After hearing, the City rescinded its unconstitutional regulations and instituted constitutional regulations.
Du Pont and C.R. Bard v. Cordis (AAA Arbitration) Represented patent owner Du Pont in patent infringement case arbitrated before Fed. Cir. Judge (ret.) Howard Baldwin involving balloon catheter technology.
Arrow Fastener v. The Stanley Works (D. Conn.). Represented plaintiff Arrow Fastener in trial for Stanley’s infringement of Arrow’s T-50 trademark for staple guns. Trial judgment for Arrow.
France Telecom v. RSA Security (International Chamber of Commerce, International Court of Arbitration). Represented RSA Security in arbitration for alleged patent infringement and unpaid license royalties on patent for encryption technology.
Digital Privacy, Inc. v. RSA Security, Inc. (E.D. Va.). Obtained summary judgment of patent non-infringement for RSA Security.
Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc. and Novartis (D. Mass.). Represented Mass. Eye and Ear in patent portfolio development strategy for age related macular degeneration surgical procedure, and filed patent infringement action and license and royalty action that resulted in significant royalty payment to Mass. Eye and Ear.
eBay, Inc. v. Bidder’s Edge, Inc. (N.D. Cal.). Represented Bidder’s Edge in case involving issue of first impression regarding alleged trespass to chattels based on web crawling, and antitrust counterclaims against eBay.
PUMA AG and PUMA North America v. Payless Shoesource (D. Mass.). Asserted PUMA’s form stripe trade dress in running shoe against infringer.
Tower Manufacturing Company v. Shanghai ELE Mfg. Co. (D. R.I. and SDNY). Represented designer of safety circuits in patent infringement action against infringer.
Technology Research Corporation v. Tower Manufacturing Corporation and Fedders Corporation (MD Fla.). Defended Tower Manufacturing and Fedders in patent infringement case involving fault tolerant circuits. Settled after two day hearing and Markman/summary judgment order.
Kozam and Datasci v. Phase Forward Incorporated (D. Md.). Defended leading maker of clinical trial software for collecting clinical trial data and FDA submission. Case settled after Markman and summary judgment hearing and orders
Instrumentation Laboratory v. Diamond Diagnostics (D. Mass.): Represented Instrumentation Laboratory in suit asserting infringement by Diamond Diagnostics’ own blood testing machine and infringement and counterfeiting by Diamond’s unauthorized refurbishment and resale of used Instrumentation Laboratory critical care machines.
Convera Corporation v. Autonomy (E.D. Va). Represented Convera in trade secret and breach of contract action.
Walker v. AMVAC Chemical Company (M.D. Tenn. and C.D. Cal.). Defended AMVAC in inventorship and royalty dispute relating to AMVAC’s patent for an herbicide. Case settled after AMVAC obtained order transferring case to C.D. Cal.
Loken-Flack, LLC v. Novozymes Bioag, Inc. (D. Colo. No.). Obtained summary judgment of correct inventorship for defendant Novozymes regarding Novozymes’ patent for a crop treatment compound. Affirmed on appeal).
Knopp Neurosciences Inc. v. Biogen Idec (D. Mass.) Represented Knopp in a patent license and breach of R&D contract action involving Knopp’s and Biogen’s joint development of dexpramipexole for treating ALS.
Argued for appellant John Lavin in appeal of preliminary injunction enjoining him from employment at online retail pharmacy PillPack LLC.
Alnylam Pharmaceuticals, Inc. v. Silence Therapeutics plc (D. Mass.). Represented Alnylam in seeking declaratory judgment of non-infringement of five Silence Therapeutics patents by Alnylam’s RNAi therapeutic ONPATTRO™ (patisiran).
G. Pohl-Boskamp GmbH v. Perrigo (D. Mass.): Asserted German pharmaceutical maker Pohl-Boskamp’s Nitrolingual pumpspray trade dress against generic manufacturer
G. Pohl-Boskamp GmbH v. Akrimax (D. Mass.): Asserted German pharmaceutical maker Pohl-Boskamp’s Nitrolingual pumpspray trade dress and copyrights against competitor and generic manufacturer.
Meddaugh v. WGBH Educational Foundation (Mass. Superior Ct.). Tried case for defendant WGBH against allegations that WGBH owed $19 million in allegedly unpaid royalties for the Martha Speaks animated public TV series based on books by author Susan Meddaugh. After trial, court entered judgment in 2018 of no actual damages and $100 in nominal damages.
Accusoft Corporation v. Quest Diagnostics, Inc. (D. Mass.). Defended Quest Diagnostics and its software subsidiary in software copyright and license royalty dispute. Case settled after obtaining partial summary judgment for Quest.
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