SOFTWARE & BUSINESS METHOD PATENT LITIGATION
(Patent Infringement)

CLIENT and DEFENDANT were both sold the same parent and related continuation patents by their inventor who was, in turn, employed at each company. In addition to infringement claims, the case involved issues of contract, patent assignment priority and assignment drafting. We posited, on behalf of CLIENT, that the assignment language contained in the DEFENDANT assignment failed to include any reference to continuation patents based on the exclusion of two words found in the CLIENT assignment but missing in the DEFENDANT assignment. DEFENDANT filed for, but failed to acquire, a preliminary injunction. Shortly thereafter, the parties entered into a license agreement favoring mutual development of the technology represented by the family of patents.