Concentration

Intellectual property litigation; patent prosecution and litigation

Summary

Lisa Kelly’s practice covers a variety of areas of intellectual property law, including patent litigation and prosecution. Ms. Kelly primarily works on cases dealing with patent and trademark infringement in the fields of mechanical and electrical devices and computer systems. She also prepares patent applications for covering a broad range of technologies, including mechanical devices and computer systems.

Representative Engagements

• Realtime Data LLC v. CME Group Inc., et al. (Eastern District of Texas) – Baker Botts represents CME Group Inc., Board of Trade of the City of Chicago, Inc., and New York Mercantile Exchange, Inc. in a case pending before Judge Davis. The case is in its early stages.
• TiVo Inc. v. AT&T Inc. (Eastern District of Texas) – Baker Botts is defending AT&T in a patent case pending before Judge Folsom. The case is in its early stages.
• Innovative Global Systems LLC v. Turnpike Global Technologies LLC, Cadec Global, Inc., et al. (Eastern District of Texas) – Baker Botts is defending Cadec Global, Inc. in a patent case pending before Judge Davis. The case is in its early stages.
• In re Certain Home Vacuum Packaging Products (USITC) – Baker Botts defended Applica Consumer Products, Inc., before the International Trade Commission. The presiding administrative law judge denied Complainant Tilia, Inc.’s request for a temporary exclusion order after a three-day hearing. The Commission later confirmed the denial, and Applica settled the case on favorable terms shortly before the permanent relief trial.
• Kinetic Concepts, Inc. v. BlueSky Inc., Medela AG, et al. (Western District of Texas) – Baker Botts defended Medela in a case involving patent infringement, breach of contract, and miscellaneous state tort claims. After substantial discovery, a Markman hearing and substantial motion practice, a seven-week jury trial, and six days of jury deliberation, Baker Botts obtained a defense verdict on all claims against Medela.
• O2 Micro International, Ltd. v. Samsung Electronics Co., Ltd., et al. (Eastern District of Texas) – Baker Botts defended Samsung in a patent case involving five separate patents relating to LCD power control technology. Samsung settled the case on favorable terms.
• Symantec Corporation, et al. v. Altiris, Inc. (Eastern District of Texas) – Baker Botts defended Altiris in a patent infringement case concerning software used to administer large computer networks and represented Altiris in its counterclaims, which asserted patents covering related technology. Altiris settled on favorable terms.
• Multimedia Patent Trust v. Microsoft Corporation (Southern District of California) – Baker Botts defended Alcatel Lucent against infringement claims brought by Microsoft for seven patents relating to software and hardware technologies. After a month-long trial, Baker Botts obtained a defense verdict on all claims against Alcatel Lucent. 
• Alcatel USA Resources, Inc. v. Microsoft Corp. (Eastern District of Texas) – Baker Botts represented Alcatel before Judge Davis in a two patent case concerning video streaming and network security technologies. The case settled favorably after discovery.
• Texas MP3 Technologies Ltd. v. Samsung Electronics Co., Ltd., et al (Eastern District of Texas) – Baker Botts defended Samsung in a patent case involving a patent related to MP3 player technology. Samsung settled on favorable terms.
• Fotomedia Technologies, L.L.C. v. AOL, America Online, Inc., PhotoBucket.com, Inc., Shutterfly, Inc., CNET Networks, Inc. and Yahoo! Inc. (Eastern District of Texas) – Baker Botts defended Yahoo! in a patent case related to photo-sharing technology. Yahoo! settled on favorable terms at the end of the discovery phase.
• Digital Choice of Texas v. Dell, Inc. (Eastern District of Texas) – Baker Botts represented Dell in a case pending before Judge Ward. The case involved parental control for DVD players. Dell settled on favorable terms.
• Guardian Media Technologies, Ltd. v. Coby Electronics Corp. et al. (Central District of California) – Baker Botts represented Dell Inc. involving parental controls for video programs. Dell settled on favorable terms.
• Preparation of patents and evaluation of potential products for a number of clients, including Halliburton Energy Services, Dell Inc., John Wood Group, P.L.C., and Vryhof B.V.

Publications, Speeches and Presentations

• “Electronic Discovery: Not Your Father’s Discovery,” St. Mary’s Law Journal, 2005 (Howard L. Speight, co-author)
• “Issues to Watch in Filing Foreign-Originating Applications in the United States,” AIPLA’s Advanced Patent Prosecution Seminar, San Francisco and New York, June 2005 (with Paul R. Morico)