Patent Litigation

Gish PLLC announced today that Sam Kwon has joined the firm as a Partner. Sam joins Gish after over fourteen years of practice at Kirkland & Ellis LLP, where he was a partner and senior member of the firm’s pharmaceutical IP practice. At Kirkland, Sam managed over 50 active matters and led a team of attorneys in high-stakes life sciences patent litigation, including blockbuster Hatch-Waxman ANDA actions, BPCIA biosimilar disputes, and inter partes review proceedings.

Gish PLLC announced today that Rob Kang has joined the firm as a Partner in its rapidly expanding San Francisco office, the latest addition in a series of strategic hires strengthening the firm’s West Coast presence.

Gish PLLC announced today that Elise Edlin has joined the firm as a Partner. Elise brings over a decade of experience practicing at elite IP litigation groups, most recently as a Partner at Perkins Coie LLP, guiding prominent technology companies through their highest-stakes disputes in federal courts and at the ITC. Her technical casework spans networking technologies, voice and video conferencing, semiconductors, wireless, pharmaceuticals, and life sciences, and her strategic approach to patent damages has delivered successful outcomes for her clients throughout various stages of litigation

Gish PLLC has secured the complete dismissal of a patent infringement lawsuit on behalf of the worldwide leading lipid analysis company, Lipotype, invalidating all 20 claims of the asserted patent as directed to patent-ineligible abstract subject matter under 35 U.S.C. § 101.  

Gish PLLC announced today that Tom Pardini has joined the firm as a Partner.  Tom joins Gish after a decade litigating at two leading law firms in San Francisco, where he handled high-profile patent, trade secret, and other complex commercial litigation.  Tom has represented clients from pre-litigation investigation through trial and has litigated both trials and arbitrations to successful verdicts.  He has developed and led winning legal strategies in federal district court, California state court, and arbitration, in cases involving a range of technologies, including autonomous vehicle development, LIDAR, mobile apps, computer hardware and software, semiconductors, and video streaming.  Tom has also been recognized in Best Lawyers: Ones to Watch® in America for Patent Litigation and Intellectual Property Litigation.

Gish PLLC announced today that Benu Wells has joined the firm as a Partner.  Ms. Wells joins the firm after over two decades of practice, most recently serving as Special Counsel in the Intellectual Property group of an elite national firm, where she practiced high-stakes IP litigation in cases spanning a spectrum of technologies, including semiconductor, software, telecommunications, pharmaceutical, medical device, and electronics.  With a particular focus on patent litigation, Benu has represented clients in disputes in federal courts across the country, from inception through trial and appeal.

Gish PLLC announced today that Christopher Gerson has joined the firm as a Partner.  Mr. Gerson joins the firm after over fifteen years practicing at Kirkland & Ellis, Venable, and Schulte Roth & Zabel, where he represented high-profile clients in cases involving complex technologies such as semiconductors, computer hardware and software, and telecommunications.  Chris has counseled clients on disputes in front of district courts, the International Trade Commission, the Patent Trial and Appeal Board, and the Federal Circuit.  He also routinely leverages his background in engineering to advise clients on negotiation and licensing efforts as well as portfolio-level strategies.

Gish PLLC announced today that Darlena Subashi has joined the firm as a Partner.  Ms. Subashi joins the firm after nearly a decade of practice, most recently serving as Counsel in the Intellectual Property Litigation group of Alston & Bird LLP, where she represented high-profile clients in cases involving complex technologies.  With a particular focus on patent litigation in telecommunications and electronics, Ms. Subashi has counseled clients on disputes in front of district courts, the International Trade Commission, the Patent Trial and Appeal Board, and the Federal Circuit.

In an opinion issued on May 2, 2024, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board invalidating all claims in U.S. Patent No. 6,308,482 in an inter partes review proceeding initiated by GAF Materials LLC.

Gish PLLC has secured the complete dismissal of a patent infringement lawsuit on behalf of the innovative commercial rideshare company, HopDrive, invalidating all seven asserted patents as directed to patent-ineligible abstract subject matter under 35 U.S.C. § 101.

Gish PLLC announced today that Josef Schenker has joined the firm as a Partner.  Mr. Schenker joins the firm after practicing for thirteen years in the IP Litigation group of Ropes & Gray LLP, where he represented high-profile clients in patent litigation matters across a variety of industries including consumer electronics, telecommunications, internet-based technologies, and medical devices.  He litigates cases in district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission, and the Patent Trial and Appeal Board.

On September 14, 2023, Ed Tulin presented on Key Developments and Trends in Patent Litigation for a Lawline webinar.  Ed’s presentation focused on the Supreme Court’s recent decision regarding patent enablement in Amgen, proposed legislation relating to patent eligibility and challenges before the U.S.

On October 5, 2023, Ed Tulin joined Judge Christopher J. Burke in a panel discussion on patent litigation best practices at the Practising Law Institute’s annual intellectual property forum, Patent Law Institute 2023.  Ed was Judge Burke’s first term law clerk when he became a magistrate judge for the U.S. District Court for the District of Delaware in 2011.

Gish PLLC is proud to announce that Ryan Iwahashi has joined the firm as a Partner.  Mr. Iwahashi – a former Federal Circuit clerk with an MS in Computer Science – made the move to Gish PLLC after nearly a decade in the IP Litigation Group of Gibson, Dunn & Crutcher LLP, where he represented some of the world’s leading tech companies.  With a particular focus on high-tech intellectual property disputes, Mr. Iwahashi has extensive experience handling patent infringement, trade secret misappropriation, intellectual property licensing, and standard-essential patent matters.

On March 6, 2023, the Patent Trial and Appeal Board instituted inter partes review based on two petitions that Gish PLLC filed 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.

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.

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.

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.

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 claims in U.S. Patent No. 6,308,482 (“the ‘482 patent”) are unpatentable in light of multiple prior art references.

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.

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.

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.

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.