The Federal Circuit affirmed a Patent Trial and Appeal Board ruling affirming the patentability of claims of Erise IP client Spin Master’s transforming robot toy patent. Erise shareholders Jennifer Bailey and Megan Redmond represented Spin Master in the Federal Circuit.

Law360 reported on the ruling, writing the panel majority said, the “claims of Spin Master Ltd.’s patent aren’t invalid as anticipated or obvious, despite arguments” from the appellant.

Erise IP shareholder Marshall Honeyman recently presented at the Strategies in Light Conference, held February 11-13 in San Diego.

His presentation focused on obtaining patents in the LED Industry.

Attendees learned how to maintain patent rights by being diligent. Honeyman also discussed what research should be done prior to filing for a patent, and how to decide what kinds of things to patent and what things should not be patented.

Erise IP congratulates shareholder Eric Buresh for being named to the Outstanding Litigator: PTAB Shortlist by Managing IP.

Buresh is one of seven attorneys in the United States named to the shortlist with the winner being announced March 26 in New York City.

Before compiling the shortlists, IP Stars researchers evaluate the work data supplied by firms and, where applicable, reviewed publicly-available information such as court and IP office records. Researchers focused on work done or concluded in 2019, particularly looking for case studies that were of great significance to clients and/or IP law and practice. Firms or individuals can also be shortlisted based on IP Stars’ independent research findings. Each year its research analysts obtain information from thousands of firms, IP practitioners and their clients through interviews, email and online surveys.

Erise IP shareholder Adam Seitz recently spoke with the Kansas City Business Journal on the growth of the firm in its first eight years – from 10 employees to more than 40 – and potential future plans.

The KCBJ wrote the growth led to some of the firm’s current capabilities, which include being able to handle three trials that started on the same day in three different cities.

“We never could have done something like that in the past,” Seitz said. “It was a logistical exercise. We were able to put together trial teams and still have teams able to keep the rest of the firm going because you can’t take off and leave the office empty, neglecting all other work.”

With clients across the country and firm offices in Kansas City and Denver, Seitz said the firm is exploring the possibility of opening offices in Silicon Valley and/or Washington, D.C.

Erise IP shareholder Jennifer Bailey recently authored an article for Ingram’s where she discusses companies of all sizes should be concerned with Big Data.

“Once a concern left to the Googles and the Facebooks of the world, Big Data is now ubiquitous in industries as diverse as retail, hi-tech, health care, finance, agriculture, fleet management, and manufacturing,” she writes.

With the California Consumer Privacy Act (CCPA) going into effect on Jan. 1, 2020 – and even the European Union’s General Data Protection Regulation (GDPR), which went into effect in May 2018 – businesses of all sizes that intake customer information must comply with the regulations or face harsh penalties.

To keep from falling behind, Bailey writes businesses should begin with an awareness of the primary issues, which include: data analytics and use, data ownership, data security, data privacy, data accuracy and data retention.

To read the full article, click here.

Shareholders Eric Buresh, Abe Kean, and Mark Lang were recognized by Law.com after scoring a complete defense victory by securing a jury verdict in favor of NetScout in a case where the plaintiff demanded $50.3 million.

Prior to the result, the plaintiff had filed 38 lawsuits against multiple household name technology companies with each case resulting in a settlement. NetScout was the first defendant to take its case by this plaintiff to trial.

After the trial, Erise was set to defend Sandvine in a similar case against the plaintiff, which thought better of trying again after the NetScout verdict, and stipulated to a judgment of non-infringement.

Erise IP is pleased to announce Mark Lang has joined the ranks of shareholder. With his promotion, the intellectual property law boutique grows its number of partners to 11 between its Overland Park, Kansas, headquarters and Denver office.

Lang is based in Erise’s Overland Park office and focuses his practice on litigation of complex intellectual property cases. He has played a key role in the firm’s victories on behalf of video game clients Electronic Arts and Ubisoft, and network monitoring clients Netscout and Sandvine.

Erise IP shareholders Eric Buresh and Megan Redmond successfully defended a challenge at the US Court of Appeals for the Federal Circuit on behalf of FanDuel and DraftKings where the plaintiff alleged the Patent Trial and Appeal Board incorrectly invalidated claims.

Law360 reported on the outcome noting, “The three-judge panel called the claim construction flaw a ‘harmless error’ because substantial evidence still supports the board’s finding that the claims in [the plaintiff’s] patent were obvious over prior art.”

A year ago, Erise went 4-for-4 in IPRs on behalf of FanDuel and DraftKings, and the decision by the Federal Circuit focused on one of the IPRs dealing with authorizing play based on a users age.

Erise IP is pleased to announce that Missouri & Kansas Super Lawyers has recognized seven of its shareholders in its latest annual guide.

The guide, which is published by Thomson Reuters, named Adam Seitz, Eric Buresh, Jennifer Bailey, Michelle Marriott, Jason Mudd and Marshall Honeyman as Super Lawyers and recognized Carrie Bader among the Rising Stars.

Bailey is listed by Super Lawyers for the first time after being recognized on the Rising Stars list from 2010 to 2016. She was recognized for Intellectual Property and Intellectual Property Litigation.

Buresh and Seitz were honored for the seventh consecutive year in Intellectual Property, while it’s the second consecutive for Honeyman.

In Intellectual Property Litigation, it marks the ninth straight year for Mudd and the third consecutive for Marriott that they were included on the Super Lawyers list while Bader was selected to the Rising Stars list for the third year in a row.

Up to 5 percent of attorneys in each state are named as Super Lawyers, and up to 2.5 percent are named Rising Stars. The selection process includes peer nominations, third-party research and an evaluation by a panel of attorneys.

The lists, which are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country, serve as a resource for attorneys and consumers seeking legal counsel.

Super Lawyers 

Eric Buresh, 2013 – 2019, Rising Stars 2009
Intellectual Property

Jennifer Bailey, 2019, Rising Stars 2010 – 2016
Intellectual Property, Intellectual Property Litigation

Marshall Honeyman, 2005, 2018-2019
Intellectual Property

Michelle Marriott, 2017 – 2019
Intellectual Property Litigation

Jason Mudd, 2011 – 2019, Rising Stars 2014 – 2015
Intellectual Property Litigation

Adam  Seitz, 2013 – 2019, Rising Stars 2010 – 2012
Intellectual Property

Rising Stars

Carrie Bader, 2017 – 2019
Intellectual Property Litigation

Erise IP shareholders Eric Buresh and Jason Mudd and associate Hunter Horton secured a victory on behalf of Unified Patents after the Patent Trial and Appeal Board issued a final written decision that numerous claims of a non-practicing entity’s patent are invalid.

The patent at the center of the IPR relates to a “system, apparatus, and methods for proactive allocation of wireless communication resources.” It has also been asserted in the Eastern District of Texas against two large telecommunications companies.

Buresh, Mudd, and Horton were able to successfully demonstrate that the claims would have been obvious over the prior art at the time the alleged invention was made.