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News, Speaking Engagements, and Publications

  • Gish PLLC Client Wins Motion to Dismiss Patent Lawsuit Under § 101
    09/20/2022

    On September 20th, 2022, the United States District Court for the District of Massachusetts granted Gish PLLC client iRacing.com's motion to dismiss a patent lawsuit filed by Integrated Technology Solutions, LLC ("ITS"), a patent assertion entity (Case No. 1:21-cv-11477).  The Court held that all claims of ITS's U.S. Patent No. 10,046,241 are invalid as patent ineligible under 35 U.S.C. § 101 because they attempt to claim the abstract idea of a racing videogame that simulates track conditions on a vehicle's performance rather than technology to implement the idea.

  • Ed Tulin Presents at TRTCLE Bridge the Gap Compliance Day
    09/19/2022

    On September 16, 2022, as part of TRTCLE's Bridge the Gap Compliance Day for Newly Admitted Attorneys, Gish PLLC Partner Ed Tulin gave a 90-minute presentation entitled Navigating Discovery in Federal Litigation: Pitfalls, Perils, and Opportunities for Plaintiffs and Defendants. Ed’s presentation focused on best practices for pre-litigation preservation and conducting custodial interviews, skills relating to document review and harvesting, how to draft effective discovery requests and objections, and strategies for leveraging discovery during the latter stages of litigation. Ed's presentation was recorded and will be available as part of TRTCLE's video library.

  • Gish PLLC Client Dayus Files Two Petitions for Inter Partes Review
    08/29/2022

    On August 29, 2022, Gish PLLC filed two petitions for inter partes review in the Patent Trial and Appeal Board on behalf of Dayus Register & Grille, Inc.  The first petition challenges U.S. Patent No. 9,765,988, while the second petition challenges U.S. Patent No. 10,871,305.  Each petition asserts multiples grounds for unpatentability based on prior art references that were not cited during prosecution of the foregoing patents.  Gish PLLC also represents Dayus in a parallel district court action in the Eastern District of New York (Case No. 2:21-cv-5107-GRB-ST). 

  • Gish PLLC and the Innocence Project File Civil Rights Lawsuit on Behalf of Pro Bono Client Jocelyn McLean
    06/27/2022

    Along with a team that includes lawyers from the the Innocence Project, Gish PLLC has filed a civil rights lawsuit on behalf of Jocelyn McLean, whose infant daughter, Emberly, died after emergency treatment for acute respiratory distress.  The Mississippi Medical Examiner's Office wrongly concluded that bruising caused by Emberly's emergency medical treatment was consistent died "blunt force injuries with features of strangulation.”  On the eve of Ms. McLean's trial, the medical examiner recanted that conclusion.  But by that time, Ms. McLean had spent 11 months in jail.

  • Gish PLLC Client GAF Invalidates All Patent Claims in Successful Inter Partes Review
    05/24/2022

    In a Final Written Decision issued on May 24, 2022, the Patent Trial and Appeal Board found that GAF Materials LLC successfully demonstrated by a preponderance of the evidence that all 34 claims in U.S. Patent No. 6,308,482 ("the '482 patent") are unpatentable in light of multiple prior art references.  The PTAB adopted GAF's interpretation of a key claim limitation, and found that the prior art disclosed that limitation, as well as all other claim elements of all 34 claims.

  • Ed Tulin Presents on Best Practices for Litigating in Key Jurisdictions at Patent Law Institute 2022
    04/29/2022

    On April 29, 2022, Ed Tulin presented on the topic of Best Practices for Litigating in Key Jurisdictions at Practising Law Institute's annual intellectual property forum, Patent Law Institute 2022: Critical Issues and Best Practices. Ed’s presentation focused on patent litigation in the Western District of Texas, the Eastern District of Texas, and the District of Delaware, including an in-depth discussion of transfer jurisprudence; local rules and standing orders; and approaches to Section 101 challenges in each of those Districts.

  • Ed Tulin Moderates Panel at Patent Law Institute 2022
    04/28/2022

    On April 28, 2022, Ed Tulin moderated a panel discussion of the 10th Anniversary of the America Invents Act (AIA) at Practising Law Institute's annual intellectual property forum, Patent Law Institute 2022: Critical Issues and Best Practices. The Panel discussed a host of topics issues relating to the consequences and developments that have occurred in the wake of the AIA’s passage, including the rise of inter partes review proceedings (and the recent role of procedural denials), a resurgence of ex parte reexamination proceedings, and covered business method review proceedings.

  • Andrew Gish Speaks at Patent Law Institute 2021 (San Francisco)
    04/29/2021

    On April 29, 2021, Andrew Gish delivered a talk regarding Equitable Defenses to Patent Infringement at the San Francisco installment of Practising Law Institute's annual intellectual property forum, Patent Law Institute 2021: Critical Issues and Best Practices. Mr. Gish's presentation covered recent updates to equitable defenses including inequitable conduct, unclean hands, attorney fee awards under § 285, laches, equitable estoppel, assignor estoppel, and judicial estoppel.

  • Andrew Gish Speaks at Patent Law Institute 2021 (New York)
    04/01/2021

    On April 1, 2021, Andrew Gish delivered a talk regarding Equitable Defenses to Patent Infringement at the New York City installment of Practising Law Institute's annual intellectual property forum, Patent Law Institute 2021: Critical Issues and Best Practices. Mr. Gish's presentation covered recent updates to equitable defenses including inequitable conduct, unclean hands, attorney fee awards under § 285, laches, equitable estoppel, assignor estoppel, and judicial estoppel.