New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Brendan Cox

Brendan Cox

Associate

Brendan Cox is an associate in the Litigation Department and a member of the Intellectual Property Group.

Prior to joining Proskauer, Brendan accumulated five years of litigation experience as an Assistant District Attorney in the Suffolk County, Massachusetts District Attorney’s office. Focusing primarily on drug and gang-related issues, he prosecuted more than 3,000 matters to resolution, and participated in more than 50 trials. Before that, Brendan worked for two years doing FMRI and MEG brain imaging research at the Massachusetts General Hospital.

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Halo Shines Bright in D. Mass.

A recent order from the District of Massachusetts sheds light on how the Supreme Court’s June 2016 decision in Halo Electronics v. Pulse Electronics is being interpreted by the district courts. The Memorandum and Order by Chief Judge Patti B. Saris denied a request for enhanced damages by plaintiff, Trustees of Boston University (“BU”). BU moved for enhanced damages after … Continue Reading

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet.  The July 29, 2015 order issued by the Honorable Patti B. Saris, granted defendants Orgill, Inc. (“Orgill”) and Farm & City Supply, LLC (“FSC”) a split ruling on their summary judgment … Continue Reading

Cisco Takes Foreign Corporations to School in Ex Parte Applications for Restraining Orders

Two recent orders from the District of Connecticut demonstrate that the element of surprise continues to be an effective, and sometimes necessary, factor in copyright litigation. The June 26, 2015 orders issued by the Honorable Vanessa L. Bryant, granted plaintiff Cisco Technology, Inc.’s ex parte applications for temporary restraining orders and enjoined the defendants – … Continue Reading

Foreign Corporations and the Long Arm of the Law

Can foreign corporations avoid the long arm of the law? A recent order in a Massachusetts declaratory judgment patent case suggests that the answer may be, “sometimes.” The case began when Venmill Industries, Inc. filed a complaint in Massachusetts federal court seeking a declaratory judgment of non-infringement of U.S. Patent No. 8,342,905, titled, “Optical Disk Restoration … Continue Reading

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless motions requiring substantive responses? Perhaps nothing. At least that appears to be the case from a recent order issued in Massachusetts federal court.… Continue Reading

Skyworks’ Infringement Claims Grounded

In an order dated February 4, 2015, the Honorable George A. O’Toole, Jr. effectively ended Woburn-based Skyworks Solutions, Inc.’s effort to enforce patent rights against manufacturers of LED driver products used in cellphones. Skyworks’ amended complaint, filed in October 2013, accused California-based Kinetic Technologies, Inc. and Hong Kong-based Kinetic Technologies HK Limited (“Kinetic HK”) of … Continue Reading

Protegrity Loses Bid to Centralize in Connecticut

The Judicial Panel on Multidistrict Litigation ordered nearly twenty patent cases pending across six districts (including Connecticut, Oklahoma, Oregon, Texas, and the Northern and Southern districts of California) and involving fifteen different companies to proceed collectively in the Northern District of California.  The decision may be a drawback for plaintiff Protegrity Corporation which originally moved … Continue Reading

The Honorable Judge Douglas P. Woodlock to Become Senior Judge

Judge Douglas P. Woodlock of the United States District Court for the District of Massachusetts has advised President Obama that he will become a Senior Judge on June 1, 2015.  A graduate of Yale University (B.A., 1969) and the Georgetown University Law Center (J.D., 1975), Judge Woodlock was appointed to the bench by President Ronald Reagan … Continue Reading

Veracode Wins Patent Infringement Trial Against Appthority

Following a nine day trial, last Friday a Boston jury delivered a patent infringement verdict in favor of Veracode, Inc. and Rovi Solutions Corporation.  In the case before Judge Woodlock in the U.S. District Court for the District of Massachusetts, Veracode and Rovi accused Appthority, Inc. of infringing two patents.  The two asserted patents, U.S. … Continue Reading

FairWarning: Your Patent May Be Invalid

In a new case before Judge Douglas Woodlock, Massachusetts-based Iatric Systems filed for a declaratory judgment that a patent held by FairWarning, a Florida company, is invalid. Iatric and FairWarning are competitors marketing computer software designed to alert health care facilities to potential violations of patient privacy.  The patent at issue, U.S. Patent No. 8.578,500, … Continue Reading

Protegrity’s Protective Patent Push

The Connecticut-based data security company, Protegrity Corporation, continued its aggressive stance regarding its data protection patent portfolio this month. On June 6, Protegrity sued Gazzang, Inc., a competitor data security company based in Austin, Texas, in the Connecticut federal district court. This suit marks the fourteenth patent infringement complaint that Protegrity has brought in Connecticut … Continue Reading
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