T. Cy Walker, a partner in Kenyon & Kenyon LLP’s Washington, DC office, has 20 years of experience in all phases of intellectual property litigation before the US District Courts and US Courts of Appeals, and 6 years of experience practicing before the International Trade Commission, where he has represented clients in more than 10 investigations. He has acted as trial counsel in cases involving patents, copyrights and trademarks, and involving a variety of technologies, including semiconductor chip fabrication, wireless communications, digital audio formats, optoelectronics, consumer electronics, internet applications, financial trading algorithms, medical devices, satellites, hybrid drive trains, commercial printing press systems, paper manufacturing processes, data encryption algorithms and software.
Notable ITC Cases Representing:
- Hewlett-Packard in defending its computers, laptops, and printers from claims of patent infringement made by Technology Properties Limited, LLC, concerning various patents directed to flash memory card interfaces. Certain Computers and Computer Peripheral Devices, 337-TA-841 (Essex, ALJ).
- Lenovo in defending its laptops from claims of patent infringement made by Ogma LLC concerning display technology. Certain Motion-Sensitive Sound Effects Devices and Image Display Devices, 337-TA-773 (Gildea, ALJ).
- Barnes & Noble in defending its NOOK eReader products from claims of patent infringement made by Microsoft concerning various hardware and software patents. In the Matter of Certain Handheld Electronic Computing Devices, 337-TA-769 (Essex, ALJ).
- Sony in defending its Blu-Ray products from claims of patent infringement made by LG concerning technologies relating to recording media. In the Matter of Certain Electronic Devices Having a Blu-Ray Player, 337-TA-764 (Bullock, ALJ).
- Sony in a patent infringement action against LG concerning technologies used in cell phones and other mobile communications devices. In the Matter of Certain Mobile Telephones and Modems, 337-TA-758 (Bullock, ALJ).
- Sony in defending its digital displays, digital cameras and video game consoles from claims of patent infringement made by Chimei Innolux Corporation involving various patents relating to liquid crystal display technologies. In the Matter of Certain Liquid Crystal Display Devices and Products Interoperable with the Same, 337-TA-737 (Essex, ALJ).
- Sony in a patent infringement action against eleven Respondents concerning technologies used in digital displays. In the Matter of Certain Display Devices Including Digital Televisions and Monitors, 337-TA-713 (Essex, ALJ).
- Toyota in defending its Prius and hybrid versions of its Highlander, Camry and Lexus from claims of patent infringement made by Paice LLC concerning technologies relating to hybrid drive systems. In the Matter of Certain Hybrid Electric Vehicles and Components Thereof, 337-TA-688 (Essex, ALJ).
Notable District Court Cases Representing:
- Sony in defending its digital imaging products against claims of patent infringement made by L-3 concerning image sensor technology. L-3 Communications Inc. v. Sony Corp. et al., C.A. No. 10-734-RGA (D. Del.)
- Sinorgchem in defending its anti-degradant compounds against claims of patent infringement made by Flexsys concerning chemical patents. The judge has awarded summary judgment of non-infringement in favor of Sinorgchem. Flexsys v. Kuhmo Tire, et al., CA No. 5:05-CV-156 (N.D. Ohio).
- HSN and Stephen Paul in defending against claims of trademark infringement and false advertising made by Fishman Transducers. Although defendants were found liable on both claims, the jury found defendants’ conduct was not willful, and the court refused to award any damages to plaintiff. Fishman Transducers, Inc. v. Stephen Paul, et al., 1:07-CV-10071-GAO (D. Mass.).
- Toyota Corp. in defending its hybrid vehicles from patent infringement claims brought by Paice LLC. Although Toyota was found liable for infringement, the jury awarded only a small fraction of the damages Paice had sought, and in one of the first cases following eBay, the judge refused to permanently enjoin Toyota, which findings were upheld on appeal. Paice LLC v. Toyota Corp., CA No. 2:04-CV-211 (E.D. Tex.).
- Goss in patent infringement action against MAN Roland relating to offset lithographic printing press technology. The case settled after judge awarded summary judgment of patent infringement against MAN Roland and dismissed defendants' inequitable conduct defense. Goss International Americas, Inc. v. MAN Roland Inc., CA No. C-03-513 (D.N.H.).
- Boston Scientific in defending its cardiovascular stent products from claims of patent infringement made by Medtronic Vascular. The judge entered summary judgment of non-infringement on all four patents, which was affirmed on appeal. Medtronic Vascular, Inc. v. Boston Scientific Corp., CA No. 04-034 (D. Del.).
Mr. Walker is a co-author of the “go-to” treatise on ITC case management, Unfair Competition and the ITC: A Treatise on Section 337 Actions. In addition, he has been a member of the Executive Committee of the ITC Trial Lawyers Association since 2007, and currently serves as Secretary to the Association.
Mr. Walker also prepares opinions for clients on issues such as validity, infringement and inequitable conduct, and advises clients in licensing and settlement negotiations, and in procuring patent, copyright and trademark protection.