Adam R. Hess

ITC

• In re Certain Polycrystalline Diamond Compacts and Articles Containing Same (Inv. No. 337-TA-1236) (2020) (Elliott). Represented Respondent, a retailer of industrial diamond products including PDC cutters used in rotary drill bits, in a patent-based investigation. Successfully invalidated all patents asserted at the hearing under 35 U.S.C. § 101.
• In re Certain Furniture Products Finished with Decorative Wood Grain Paper (Inv. No. 337-TA-1229) (2020) (Cheney). Represented Complainant, a manufacturer of decorative wood grain paper used to finish furniture, in a copyright-based investigation. Successfully settled when Respondent agreed to a Consent Order and agreed to stop importing and selling the infringing products.
• In re Certain Vacuum Insulated Flasks (Inv. No. 337-TA-1216) (2020) (Bullock). Represented Respondent, a general retailer of outdoor products, in a trademark and design patent-based investigation. Successfully settled prior to responding to the Complaint.
• In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-1214) (2020) (Shaw). Represented multiple Respondents, including a pioneering adjustable height desk manufacturer, in a patent-based investigation. Convinced the Complainant to withdraw the Complaint without concessions or settlement.
• In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-1125) (2018) (Bullock). Represented Complainant, a pioneering adjustable height desk manufacturer, in a patent-based investigation. Obtained and enforced a General Exclusion Order against numerous infringers.
• Represented a leading krill oil manufacturer in an ITC Section 337 investigation asserting patents related to krill oil and krill meal production. Case settled favorably.
• Represented multiple respondents in an ITC Section 337 investigation involving the process for the production of denim. Case settled favorably for all clients.
• Represented multiple respondents in an ITC Section 337 investigation involving the reusable coffee filters. Case settled favorably for all clients.
• Represented a Japanese automotive parts supplier named as a respondent in an ITC Section 337 investigation concerning after-market replacement parts for automobiles. Successfully resolved all issues prior to the hearing.
• Represented a Japanese cellular telephone manufacturer in an appeal before the U.S. Court of Appeals for the Federal Circuit, related to the scope and propriety of an Exclusion Order issued in an ITC Section 337 investigation. Successful on appeal in this landmark case that had a significant impact on the ITC’s ability to issue exclusion orders against “downstream” products
• Represented a Japanese consumer electronics manufacturer named as a respondent in an ITC Section 337 investigation concerning automotive navigation systems. Successfully resolved all issues prior to the hearing.
• Represented a leading mosquito trap manufacturer in a series of patent infringement lawsuits, culminating in an ITC Section 337 investigation and in Federal Bankruptcy Court. At the ITC, one respondent agreed to a consent order, removing its lead product from the marketplace. Another respondent defaulted, but when unable to proceed against it in U.S. District Court due to the respondent’s bankruptcy filing, we pursued claims in Federal Bankruptcy Court. The Bankruptcy Court awarded the complaint possession of the respondent’s entire infringing product inventory, all of its intellectual property rights to the infringing product, and a significant cash amount.

U.S. District Court IP Litigation

• Represented a medical device manufacturer accused of infringing multiple patents across several district court litigations.  Case settled favorably prior to the trial in the first case.
• Represented a cosmetics company in the development of an IP portfolio related to novel fingernail coatings and related technology, and subsequent patent enforcement proceedings in multiple U.S. district court actions.
• Represented a Japanese manufacturer accused of infringing patents related to radio-frequency identification (RFID) technology and decisively invalidated all relevant claims.
• Obtained dismissal of a patent infringement lawsuit relating to polymer manufacturing technology on behalf of a Japanese chemical company.
• Obtained a favorable result for a cosmetics company in a patent infringement case against a former employee and the employee’s new company.
• Resolved a patent infringement lawsuit involving Internet distribution technology on behalf of an automotive accessory manufacturer.
• Represented a computer systems company in district court litigation involving numerous claims, including theft of trade secrets, unfair competition, and violation of a non-compete agreement.  Successfully resolved all issues before trial.
• Favorably resolved a trademark litigation involving hair care products.
• Member of a team managing an intricate patent infringement litigation case involving movable electrified office panels. The team secured a damages award of $211.5 million against the most prominent office furniture manufacturer in the world. At the time, this was the second-highest damages award in patent litigation history.

International Dispute Resolution

• Successfully resolved two U.S. arbitrations relating to IP licensing in favor of a cosmetics company.
• Successfully represented a major Japanese manufacturer in a billion dollar cross-licensing intellectual property dispute before the ICC, culminating in a multi-week arbitration hearing in Switzerland.