Mark Weinstein

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Cooley Wins at the PTAB for NeuroDerm

November 1, 2023

Cooley is representing NeuroDerm and its parent company, Mitsubishi Tanabe Pharma Corp., in a post-grant review challenging an AbbVie patent related to methods of continuous subcutaneous treatment of Parkinson’s disease. After a hearing in October 2023, the US Patent Trial and Appeal Board issued a final written decision finding all claims of AbbVie’s patent unpatentable.

NeuroDerm and AbbVie are both seeking regulatory approval in the US for continuous subcutaneous treatments for Parkinson’s disease, and AbbVie’s patent effectively attempted to claim all successful methods of such treatment. Lawyers Geoff Biegler and Mark Weinstein are leading the team representing NeuroDerm with assistance from associates, Bonnie Fletcher Price and Andrew Lau.

Related contacts

Geoffrey Biegler
Partner, San Diego
Mark Weinstein
Partner, Palo Alto
Bonnie Fletcher Price
Associate, Washington, DC
Andrew Lau
Associate, Palo Alto

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Facebook scores key victory by nixing online messaging patent

May 16, 2017

In May 2015, Cooley convinced a panel of judges at the PTAB to cancel claims of an online messaging patent asserted against Facebook by plaintiff EveryMD. A three-judge panel ruled that the challenged claims of the patent are invalid and also threw out EveryMD's proposed new claims finding that the plaintiff failed to prove the validity of those claims in light of prior art. In March 2016, the Federal Circuit upheld the PTAB's decision in its entirety.

Related contacts

Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Reuben Chen
Partner, Palo Alto
Andrew Mace
Special Counsel, Palo Alto

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Trial win for Facebook in patent case targeting “Like” button

July 27, 2016

Cooley defended Facebook in a patent infringement suit that targeted one of Facebook's most prominent features – the "Like" button. Rembrandt Social Media filed the case in the Eastern District of Virginia, accusing Facebook of willfully infringing two patents covering social media.

Originally, Rembrandt accused Facebook of willfully infringing two patents but we convinced the court to dismiss willful and indirect patent infringement claims early in the case. We also persuaded the judge to exclude the testimony of two Rembrandt expert witnesses, including, significantly, an expert tasked with calculating damages. As a result of this ruling, Rembrandt filed an appeal with the Federal Circuit, which was denied, and the case proceeded to trial.

In June 2014, following a five day trial, Cooley secured a complete defense verdict - the jury issued a ruling of non-infringement and also invalidated the two patents. To date, Facebook has had only two patent jury trials, both of which Cooley has resolved successfully.

Related contacts

Michael Rhodes
Partner, San Francisco
Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Phillip Morton
Partner, Washington, DC
Liz Stameshkin
Special Counsel, Palo Alto
Andrew Mace
Special Counsel, Palo Alto
Dane Voris
Special Counsel, Boston

Related Practices & Industries

Federal Circuit affirms patent cancellation in Facebook’s first-ever patent case

March 3, 2015

When Facebook was first sued for patent infringement over eight years ago, the young company turned to Cooley.

The case was filed in the Eastern District of Pennsylvania by venture capital firm, Cross Atlantic Capital Partners (XACP) just one year after Facebook expanded its site from Harvard University to the general public. XACP claimed that its "online community" patent covered a wide variety of key Facebook features. XACP was seeking royalties, a permanent injunction against Facebook, and attorneys' fees.

Cooley guided the company through seven years of hotly contested litigation across multiple forums. Just a few weeks before trial, Facebook asked the Patent Office to invalidate the patent based on several systems and books that predated the patent, and convinced the district court to stay the case pending the Patent Office's decision.

The Patent Office initially found the claims valid. Facebook appealed to the Board of Patent Appeals (BPAI) and the BPAI judges ruled that the Examiner was wrong, and that the patent claims were invalid. XACP appealed and, in 2014, the Federal Circuit affirmed the invalidity of all claims of the patent.

Related contacts

Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Michael Rhodes
Partner, San Francisco
Lowell Mead
Partner, Palo Alto
Liz Stameshkin
Special Counsel, Palo Alto

Related Practices & Industries

Rankings & accolades

Managing Intellectual Property: IP Star

Legal 500: Intellectual Property: Patents - Litigation