Craig S. Summers

Representative Cases for Plaintiffs

Rolex Watch U.S.A., Inc. v. Watch Empire LLC, et al., CV13-09221-SJO (FFMx) (C.D. Cal. 2015).  Represented Rolex in action to enjoin trademark counterfeiting, trademark infringement and unfair competition by Watch Empire, an online retailer of counterfeit Rolex watches.  When the Defendants failed to provide sufficient discovery and engaged in other discovery misconduct, the litigation team pursued a series of motions to compel and for sanctions.  The discovery motions culminated in the court striking the defendants’ answer as a sanction.  Rolex was then able to secure a default judgment that included a broad permanent injunction, a $5,000,000 statutory damages award, and an award of attorneys’ fees.   

Dominion Dealer Solutions LLP v. AutoAlert, Inc.  Represented AutoAlert, Inc. in defeating five petitions for inter partes review filed by a competitor challenging the validity of AutoAlert's patents related to lead generation and data mining for automotive dealerships.  The five denials represent a rare feat, considering that only about 12% of the 203 IPR petitions decided by the PTAB during 2013 were denied.

Rolex Watch U.S.A., Inc. v. Melrose Jewelers, CV12-06400 FMO (MRWx) (C.D. Cal. 2013).  Represented Rolex in action to enjoin trademark counterfeiting, trademark infringement, unfair competition and cybersquatting by Melrose, an online retailer of counterfeit Rolex watches.  After conducting discovery and filing a motion for summary judgment of infringement, the case settled with Melrose entering into a consent judgment, which included a permanent injunction and award of $8.5 million to Rolex.

Rohr, Inc. dba Goodrich Aerostructures v. Sheets Manufacturing, Inc. CV-37-2011-00076563-CU-BC-SC (Cal. Superior Court 2011).  Represented Goodrich in case for breach of contract and specific performance to obtain an audit of an aircraft parts vendor suspected of misappropriating Goodrich’s trade secrets related to aircraft nacelle manufacturing designs.  The case settled favorably for Goodrich before trial.

Toshiba Corporation v. Wistron Corporation, Investigation No. 337-TA-705 (U.S. I.T.C. 2010). Represented Toshiba in ITC investigation (and a parallel district court action) involving patents on computer hardware and software features. Just before trial, the case settled with Wistron paying for a license under Toshiba’s patents.

DatCard Systems, Inc. v. Codonics, Inc., Civil Action No. SACV 08-00063 AHS (RNBx) (C.D. Cal. 2010). Represented plaintiff DatCard Systems in patent litigation involving medical disc publishers and related software. After the litigation was stayed pending reexamination of DatCard’s patent, and after the parties had filed other lawsuits against each other for Lanham Act and other claims, all lawsuits settled, with the accused infringer consenting to a permanent injunction under DatCard’s patent.

Golden Hour Data Systems, Inc. v. emsCharts, Inc., et al., Civil Action No. 2:06-cv-381-TJW (E.D.Tx. 2008).  Obtained $3.5 million jury verdict on behalf of San Diego-based Golden Hour Data Systems in patent case involving computerized integrated data management services for the emergency medical services industry. The jury found all claims valid and willfully infringed.

Duke University and Orexigen Therapeutics, Inc. v. Elan Corp., Eisai Co., Ltd., et al., Civil Action No. 1:04CV532 (M.D.N.C. 2006). Represented plaintiffs Duke and Orexigen in lawsuit to establish rights in patent applications involving pharmaceutical compositions for the treatment of obesity. The case settled, with Duke and Orexigen securing rights that enabled Orexigen to launch a successful IPO to continue development of the technology.

Jonathan Manufacturing Corp. v. Central Industrial Supply Co., Civil Action No. 04CV1365 DOC (SHx) (C.D. Cal. 2005).  Obtained preliminary injunction in patent case involving slide assemblies for computer server racks.

Alfa Leisure, Inc. v. Chief Industries, Inc., Civil Action No. 01-796RT (SGLx) (C.D. Cal. 2005).  Represented owner of patent covering chassis designs for fifth wheel trailers. After obtaining summary judgment dismissing defendant’s inequitable conduct counterclaim and all but a few of its invalidity defenses, the case settled with defendant paying license royalties to our client.

Yamaha Motor Co., Ltd. v. Bombardier Inc., Investigation No. 337-TA-452 (U.S. I.T.C. 2002).  Represented patent owner Yamaha in ITC investigation involving personal watercraft. Case settled after a four-week trial, just days before the ITC was to issue its initial determination.

Vitalcom, Inc. v. Telemetry For Medicine, Inc., Case No. 812533 (Cal. Superior Ct.).  Represented plaintiff Vitalcom in trade secret misappropriation case. Obtained final judgment and injunctive relief.

Densoes & Geddes, Ltd. v. Win-It-Too, Inc., CV 96-1303 (C.D. Cal). Obtained preliminary injunction and summary judgment of infringement for plaintiff in trademark case involving alcoholic beverage products.

Yamaha Corporation of America v. Ryan, 13 U.S.P.Q. 2d 1157 (C.D. Cal. 1989).  Obtained preliminary injunction for plaintiff Yamaha in trademark case involving digital music technology.

Bausch & Lomb, Inc. v. Barnes-Hind/Hydrocurve, Inc., 796 F.2d 443 (Fed. Cir. 1986).  Represented patent owner Bausch & Lomb and obtained reversal of invalidity ruling on patent for contact lenses.

Representative Cases for Defendants

Smart Irrigation Solutions, Inc. v. Hunter Industries, Incorporated  8:15-cv-00081 JLS-AN (C.D. Cal. 2015). Represented Hunter Industries in patent case involving irrigation controllers.  After explaining Hunter’s noninfringement and invalidity defenses, the patent holder voluntarily dismissed the complaint with prejudice.  While one of Hunter’s competitors settled by taking a license under the patent in suit, Hunter never had to answer the complaint.

MOSAID Technologies Inc. v. HTC America, Inc. 11-CV-00598-SLR (D. Del. 2013). Represented HTC in patent case involving personal alarm systems that use GPS to determine the location of a mobile phone during an emergency or other hazardous situation.  After HTC filed several motions for summary judgment, the case settled on terms very favorable to HTC.

Walker Digital LLC v. Nordstrom, Inc. and Gap, Inc. 11-CV-00135-SLR (D. Del. 2012).  Represented Nordstrom and Gap in patent case involving e-commerce sales of retail products over the internet.  Early in the case, we engaged the plaintiff and explained why there was no infringement of the asserted patent.  Shortly thereafter, and with minimal expense to our clients, the case was dismissed by stipulation.

Qaxaz LLC v. Alpine Electronics of America, Inc.  11-CV-00492-LPS (D. Del. 2012).  Represented Alpine Electronics in patent case involving GPS devices that allow for remote entering, storing and sharing of addresses for positional information.  After developing strong noninfringement and invalidity defenses, and before conducting any formal discovery, the case settled on terms very favorable to Alpine.

Affinity Labs of Texas LLC v. Alpine Electronics of America, Inc. 9:08-CV-00171 RC (E.D. Tex. 2009).  Represented Alpine Electronics in patent case involving technology for connecting portable audio players, such as iPhones, to automobile sound systems.  We were able to achieve a favorable settlement for Alpine and its customers early in the case with minimal expense.  Other defendants that did not settle eventually lost at trial and were ordered to pay millions in damages.

Dahl v. Swift Distribution, Inc., dba Ultimate Support Systems, 757 F. Supp. 976 (C.D. Cal. 2010).  Represented Ultimate Support Systems accused of patent, trademark and copyright infringement relating to collapsible carts for transporting music, sound and video equipment. After successfully defeating Dahl’s request for a temporary restraining order and preliminary injunction, Ultimate moved for summary judgment of noninfringement of the patents in suit. The court granted the motion and the case settled immediately thereafter with Dahl dropping all of his claims against Ultimate.

Guardian Media Technologies, Ltd. v. Toshiba America Consumer Products, L.L.C., Civil Action No. 09CV-0052 R (RCx) (C.D. Cal. 2009). Represented defendant Toshiba charged with infringement of a patent involving methods for censoring video programs. Prior to this lawsuit, a significant segment of the industry had taken a license under the plaintiff’s patent. But, after adopting Toshiba’s proposed claim construction, and prior to any substantial discovery, the court granted summary judgment of noninfringement, which prevented Toshiba from paying tens of millions of dollars in royalties sought by the plaintiff.

Hsi-Yuan Shawn Chen v. Unisen, Inc., dba Star Trac, Civil Action No. C09-128RSL (W.D. Wash. 2009).  Represented defendant Star Trac charged with infringement of a patent involving brakes for exercising cycles. Obtained a stay of the litigation in favor of Star Trac prior to the Rule 26(f) scheduling conference, after successfully requesting reexamination of the plaintiff’s patent in the PTO.

Bryan Callan v. Christian Audigier, Inc. et al., Civil Action No. CV08-8072 GW (RCx) (C.D. Cal. 2009).  Represented defendant Christian Audigier charged with copyright infringement and breach of contract involving tattoo artwork and designs for street wear. Obtained settlement of the case on a confidential basis just before trial.

Beekley Corp. v. Jessop Precision Products, Inc., Civil Action No. 3:06cv335 (RNC) (D.Conn. 2007).  Represented defendant Jessop Precision Products in patent and trademark case involving radiographic marker technology. After serving a detailed expert report on invalidity of the asserted patents and trademarks, the case settled (on a confidential basis), with our client remaining in the market without disruption.

Ranbaxy Labs. Ltd. v. Abbott Labs, 04-cv-8078, 2005 WL 3050608 (N.D. Ill. 2005).  Represented declaratory judgment plaintiff Ranbaxy in patent infringement action in the Northern District of Illinois on patents relating to extended release clarithromycin (active ingredient in Abbott's BIAXIN XL® product). In opposing Abbott's motion for a preliminary injunction, succeeded in showing a likelihood that two patents were unenforceable due to inequitable conduct.

Talbert Fuel Systems Patents Co. v. Unocal Corp., Union Oil Company of California, and Tosco Corp., 347 F.3d 1355 (Fed. Cir. 2003). Represented defendant Tosco Corp. (later acquired by Conoco-Phillips) charged with infringement of patent on reformulated gasoline. Obtained summary judgment of noninfringement, affirmed on appeal, which prevented Tosco from paying millions of dollars in royalties sought by the plaintiff.

Auto Wax Co. v. Kasei Kogyo Co., 65 U.S.P.Q. 2d 1315 (W.D. Tx. 2001). Obtained dismissal of complaint for lack of personal jurisdiction over a Japanese defendant in a patent case involving automobile care products.

General Mills, Inc. v. Hunt-Wesson, Inc., 917 F. Supp. 663 (D. Minn. 1996), aff’d, 103 F.3d 978 (Fed. Cir. 1997). Obtained summary judgment of noninfringement, affirmed on appeal, for defendant Hunt-Wesson in patent case on microwave food packaging.

Brown v. Adidas International, 938 F. Supp. 628 (S.D. Cal. 1996). Represented defendant Adidas and obtained dismissal of action alleging patent infringement, copyright infringement and trade secret misappropriation related to athletic shoe technology.

Aeroquip Corp. v. Deutsch Co., 887 F. Supp. 293 (S.D. Ga. 1995). Represented defendant Deutsch in patent case involving aerospace tooling and fittings. After successfully moving to transfer case from unfavorable forum, case settled.

Rollerblade, Inc. v. Canstar Sports, Inc., Investigation No. 337-TA-348 (U.S. I.T.C. 1993). Successfully represented Canstar, which makes the well-known line of Bauer ice hockey equipment, in ITC investigation involving patent on in-line skates.

Refac Int’l. , Ltd. v. Hitachi, Ltd., et al., 921 F.2d 1247 (Fed. Cir. 1990). Represented defendants Analog Devices, Inc. and NEC Electronics, Inc. in patent case involving LCD technology. Successfully obtained dismissal of case and award of sanctions against plaintiff for discovery violations and filing a frivolous action.

Recent Speeches and Seminars

"Strategies to Handle U.S. Litigations," presented in Hsinchu and Taipei, Taiwan (September 2013).

"Recent Trends in U.S. Patent Litigation - Litigation involving Standard Essential Patents (SEP) - from Non-Practicing Entities to Practicing Entities," presented in Tokyo, Japan (April 2013).

"How to Get the Most Out of Your Relationship with Outside Litigation Counsel," presented at IP Impact Seattle Seminar (February 2012).

“Recent Case Law Update,” covering topics including patentable subject matter, induced and joint infringement, and patent damages, presented at IP Impact Northern Virginia Seminar (September 2011).

Other Representative Articles, Papers and Speeches

“Forum Selection From The Plaintiff’s Perspective,” Spring Meeting of the American Intellectual Property Law Association, 2006, speech and paper.

“Preparing to Prevail: Preliminary Injunction Practice Pointers,” 20th Annual Intellectual Property Law Conference of the American Bar Association, Section of Intellectual Property Law, 2005, speech and paper.

“Using The International Trade Commission As An Alternative To Litigation,” Los Angeles Intellectual Property Law Association, Washington In The West Seminar, 2003, speech and paper.

“Attorney-Client Privilege Issues for In-House Counsel,” 18th Annual Intellectual Property Conference of the American Bar Association, Section of Intellectual Property Law, 2003, speech and paper.

“Recent Developments in Patent Law,” Annual Meeting of the American Bar Association, Section of Intellectual Property Law, 1998, speech and paper.

“Confronting Attorney-Client Privilege Problems From the In-House Perspective,” Spring Meeting of the American Bar Association, Section of Intellectual Property Law 1998, speech and paper.

Other Articles and Papers

“Remedies For Patent Infringement in the Federal Circuit-A Survey of the First Six Years,” published in the IDEA Journal of Law and Technology, Volume 29, 1989.

“Preliminary Injunctions in Trade Secret Cases,” published by the Practicing Law Institute, 1986.

“California Laws and Intellectual Property: Inventions, Copyrights and Unfair Competition,” published by the California Continuing Education of the Bar, 1985.