Jon Graves

Cooley secured a major victory for Spin Master and its former subsidiary Swimways in a litigation filed by two individuals seeking royalties they baselessly claimed they were owed. The US Court of Appeals for the Seventh Circuit affirmed an award to Spin Master and Swimways of nearly $272,000 in sanctions against the plaintiffs and their former counsel for filing and pursuing the frivolous lawsuit. Partner Jon Graves led the Cooley litigation team.

In June 2018, Cooley won a two-week jury trial for client HyperBranch Medical Technology, Inc. in a competitor patent litigation suit in the District of Delaware. HyperBranch was a 22-person medical device startup that launched its innovative surgical sealant product in the US in mid-2015. Almost immediately after HyperBranch’s entry into the US market, Integra LifeSciences, a $1 billion medical device competitor, filed a patent infringement lawsuit. Integra sought to bury HyperBranch in litigation by asserting 109 claims across six different patents and seeking a preliminary injunction.

Cooley’s lawyers defeated the preliminary injunction motion and scored further victories at claim construction, where the Cooley team invalidated all asserted claims of one of the patents-in-suit and other asserted patent claims. At summary judgement, the team secured a non-infringement ruling on all claims of another asserted patent. Weeks before trial, Cooley received a finding of obviousness from the PTAB, further narrowing and changing the complexion of trial in our client’s favor. In a resounding defense verdict across the board at trial, the jury found both non-infringement and invalidity on multiple ground for all asserted claims. On the heels of the jury verdict, HyperBranch was acquired by a multi-national medical device company for $220 million.

Cooley represented Neptune in multiparty patent infringement actions regarding its krill oil containing omega-3 phospholipid product against several manufacturers and distributors of competing krill oil.

Cooley previously filed a Section 337 complaint at the International Trade Commission against several competitors, resulting in all of Neptune's closest competitors entering into licensing agreements for patents relating to its fish krill oil.

In a parallel IPR proceeding filed against Neptune by Aker BioMarine, the largest krill oil producer in the world, the Patent Trial and Appeal Board issued a decision that two select krill oil patent claims are valid. As a result of this ruling, our client is positioned to secure royalties.