DNL ZITO has been active in litigation since its inception. We have a team of seasoned litigators with experience in plaintiff, defendant and contingency fee representation, including bench trials, jury trials and appellate practice and a U.S. Supreme Court appearance. The following is a partial listing of the litigation history of the firm:
In Re Certain Battery Powered Smoke Detectors (USITC 1987) Represented Defendant Universal Security Instruments, Inc. in patent matter at The International Trade Commission action regarding the importation of battery powered smoke detectors. Proved invalidity of patent in suit, Bench Trial.
Dantoni v Virginia Mills, Inc. (EDVA 1989) Represented Plaintiff in patent infringement litigation on chemical composition and method of manufacture of laboratory materials. Obtained reasonable royalty after Bench Trial, appeal to the Court of Appeals for the Federal Circuit and remand for second bench trial.
Talking Computer Co. and TGT, Inc. v. Omron, Inter-Tel, Verifone, OKI, JetFax, Motorola, Matsushita, Casio, Uniden et al. (MD, IL, CA, TX 1991- 1996) Represented Plaintiff in asserting telecommunications patent against multiple infringers in a dozen seperate litigations. Obtained jury / bench verdicts and settlements totaling over $17,000,000 in royalties.
HMA v. HMA (MD 1991) Represented plaintiff in trademark dispute. Achieved settlement requiring defendant to change name.
Watters v. EnRad, Inc. (MD 1991) Represented corporate officers in corporate dissolution.
HomeSure, Inc. v. RTCA (SDNY 1992) Represented plaintiff in patent infringement litigation over radiation testing equipment. Obtained reasonable royalty.
Kearns v. Chrysler (MI 1992) Intermittent windshield wiper technology. Represented Plaintiff in preparation of experts for deposition & trial testimony. Jury Trial.
In re Certain Automotive Heat Exchangers (USITC 1993) Represented defendant Showa Aluminum the World's largest manufacturer of automotive heat exchangers in patent infringement litigation over the importation of automotive heat exchangers before International Trade Commission. Bench Trial. Achieved holding of non-infringement at ITC Hearing, allowing the continued importation of $500M of product per year. Upheld on appeal to the U.S. Court of Appeals for the Federal Circuit.
Abstract Asso. v. US (US Ct. Fed. Claims 1994) Represented plaintiff in patent infringement litigation in the Court of Federal Claims, against the United States over digital photocopy machines manufactured by Xerox. Obtained reasonable royalty.
Xerox v. Levine, (MD 1994) Represented patent holder in defense of declaratory judgment action brought by Xerox over digital photocopy machines.
Brigman v. Metal Arrester, (MD; TX & NC 1994) Represented plaintiff in patent infringement action for automotive oil filtration patent. Obtained reasonable royalty prior to trial.
Laeradal, Inc. v. Ambu, Inc. (MD 1994) Represented defendant in medical device patent litigation. Settled favorably during jury trial.
Showa USA v. Modine Mfg. (WDOH 1995) Represent plaintiff in patent infringement action over automotive heat exchange technology. Obtained royalty.
Critzos v. Martial Arts Masters, (MD 1995) Represented plaintiff in copyright action involving photographs. Obtained damages and sanctions. Bench Trial.
AutoScribe v. Intell-A-Check (MD; NJ & 4thCir App.1995) Represented plaintiff in infringement action over financial software. Obtained lost profits.
AutoScribe v. Direct Check (MD 1995) Represented plaintiff in infringement action over financial software. Obtained lost profits.
Martel v. Hurley (DC 1995) Represented defendant against assertion of firearm manufacturing patent. Settled.
Abstract Associates v. Minolta (MD 1995) Represented plaintiff in patent infringement litigation over digital photocopy machines. Obtained reasonable royalty.
Pollin v. NCMC (MD 1996) Represented software patent holder in Arbitration proceeding with licensee. Obtained full restitution and damages.
Black & Decker v USI, Inc., (EDVA 1996) Represented Defendant in litigation over five flashlight patents. Settled prior to trial.
Black & Decker v GSL, Inc., (EDVA 1996) Represented Defendant in litigation over five flashlight patents. Jury Trial and Settlment.
Abstract Associates v. Panasonic (MD 1997) Represented plaintiff in patent infringement litigation over digital photocopy machines. Obtained reasonable royalty.
Pure 1 v. Visshill-Tech, (DC 1997) Represented plaintiff in patent infringement litigation over water filtration technology. Obtained lost profits at trial.
Reese v. SWBell (NC 1997) Represented plaintiff in assertion of Caller ID patent. Settled.
Thomas Amer. v Fitzcom, Inc. (SDNY1997) Represented defendant patent holder in declaratory judgment action for non-infringement and invalidity. Obtained favorable decision from District Court after Bench Trial, Upheld on Appeal.
Keene v. Canondale (MD 1997) Represented plaintiff copyright holder in suit over copyrighted video. Obtained damages for use of video.
Bazz, Inc. v. Catalina Lighting (SDFL 1998) Represented defendant accused of patent infringement. Bench Trial. Obtained a decision from the Court establishing a lack of damages.
Sprint Int'l v. Tang Electronics (EDNY 1998) Represented defendant in design patent and copyright infringement action over advertising materials. Bench Trial favorable ruling on design patent and Copyright
Herbal Animals v. Potomac GreenTech (MD 1998) Represented plaintiff in design patent, trademark, trade dress and copyright suit over stuffed animal design. Obtained damages and injunction.
Abstract Associates v. Mita Industrial Co. (MD 1998) Represented Plaintiff in enforcement of multiple patents involving digital photocopier technology. Obtained reasonable royalty.
Waymark v. Porta Systems (SDFL 1998) Represented plaintiff in patent infringement action over battery monitoring equipment in telecommunications industry. Bench Trial and two appeals. Obtained favorable precedential decision and a second reported decision from the U.S. Court of Appeals for the Federal Circuit overturning decisions from the District Court.
Trisonic v. Tang Electronics (SDNY 1998) Represented defendant in design patent, trade dress and copyright action over telephones and advertising materials. Obtained favorable judgment on patents, copyright and trade dress issues at Bench Trial.
Ambu Inc. v. Kohlbrat & Bunz (MD/NC 1998) Represented Plaintiff in patent infringement action involving emergency medical devices, trial with favorable outcome
Head Sport AG v. Wilson Sporting Goods (MD 1998) Represented defendant in patent and unfair competition action involving tennis racquet design and advertising. Settled.
Rose v. US Navy (US Ct.Fed.Claims 1998) Represented plaintiff for infringement of patent on a filter to remove oil from water used in Naval Vessels. Obtained favorable decision at Bench Trial and multi-million dollar damages from U.S. Navy and U.S. Department of Defense.
Pincharming v. Dalow & JCPenney (MD 1998) Represented plaintiff for infringement of jewelry patent. Obtained reasonable royalty settlement.
Catalina Lighting v. Holmes Products (EDMA 1998) Represent plaintiff in enforcement of lamp patent and defense against counter asserted lamp patent. Obtained injunction at bench trial and settled.
Abstract Associates v. Toshiba (MD 1999) Represented plaintiff in patent infringement litigation over digital photocopy machines. Obtained reasonable royalty.
Mitchell v. Hitachi (NDCA 1999) Represented plaintiff in patent infringement litigation over parallel microprocessor computer architecture. Obtained reasonable royalty.
Catalina Lighting v. Kitchler Ind's (SDFL 1999) Represented plaintiff in declaratory judgment action over lamp design patents. Settled with royalty payment.
Brigman v. Magnetic Filtration, Inc. (MD 1999) Represent plaintiff in patent infringement action for automotive oil filtration patent. Obtained reasonable royalty.
LSSA, Inc. v. CableScope, Inc. (MD 1999) Represent plaintiff in software copyright infringement. Obtained injunction and payment of damages.
Telogy, Inc. (a division of Texas Instruments) v. Hot Haus, Inc. (EDMA 1999) Represent leading Voice over IP plaintiff in asserting seven telecommunications patents for VoIP against infringer. Case settled.
Lamps Plus, Inc. v. Home Depot (SDCA 1999) Represented defendant Home Depot in patent infringement action. TRO defeated, case dismissed.
Catalina and Home Depot v. Pacific Coast Lighting (SDFL 1999) Represented Plaintiffs Home Depot and Catalina Lighting in declaratory judgment action to invalidate two lamp patents. Jury Trial.
Spectrum Lighting, Inc. v. Catalina Lighting, Inc. (WDTX 2000) Represented defendant Catalina Lighting in patent infringement, design patent, and trade dress action. Suit dismissed.
Abstract Associates v. Pentax, Polaroid & Epson America (MD 2001) Representing plaintiff in patent infringement litigation over digital camera technology. Obtained reasonable royalty.
Levine v. Hewlett Packard (MD 2001) Representing plaintiff in patent infringement litigation over digital photo printers and cameras. Obtained reasonable royalty.
Hamilton v. VocalTec (MD 2001) Represented plaintiff in patent infringement litigation over collaborative project and document development software networked and on-line white board applications. Obtained reasonable royalty.
Hamilton v. ComWeb et al. (MD 2002) Represented plaintiff in patent infringement litigation over collaborative project and document development software networked and on-line white board applications. Obtained reasonable royalty.
Pincharming v. Hirschberg Schutz, Inc. (MD 2002) Represented plaintiff in patent infringement litigation over innovative jewelry products. Obtained preliminary injunction, reasonable royalty and permanent injunction.
International Mould Engineering v. Brinkman Instruments (MD 2002) Represented plaintiff in patent infringement litigation over PCR medical test apparatus. Obtained reasonable royalty.
Dr. MacGregor v. Thermo-Electron Corporation (MD/CA 2002) Represented plaintiff in patent infringement litigation over artificial cardiac devices. Obtained multi-million dollar royalty.
Mylan Pharmaceuticals v. KUDCo Pharmaceuticals (DE 2002) Represented plaintiff Mylan Pharmaceuticals in pharmaceutical patent infringement litigation over formulation patents for generic versions of Prilosec. Obtained over $50,000,000 royalty in jury trial.
In Re: Certain Plastic Bags (USITC 2003) Represented defendant in International Trade Investigation. Prevailed at Hearing, prevented exclusion order from applying to our client. Established our client's legal right to importation of $350M per year of product for our client.
Galbreath v. Wal-Mart Stores (MD 2003) Represented Wal-Mart in defense of patent litigation. Settled
JDA v. Banc One,Inc. (IL 2003) Represented plaintiff in copyright infringement litigation over architectural drawings.
Classen Immunotherapies v. GSK, Biogen Merck & Chiron (MD 2004) Representing plaintiff in patent infringement litigation over immunization technology. Cert Granted at U.S. Supreme Court, case remanded in our client's favor and case currently in District Court on remand.
Rose v. Advanced Water Systems (MD 2004) Represented plaintiff in patent infringement litigation over water treatment devices. Settled.
The Audubon Commission v. Philadelphia Insectarium (TTAB 2004) Represented plaintiff in trademark cancellation proceeding. Trademark Cancellation obtained.
Cowdin v. Creative Crafts de Mexico (TX 2004) Represented international artist in copyright infringement litigation over statues. Obtained reasonable royalty and injunction and return of goods.
Ja-Ru v. Funtastic (TXED) (FLND 2004) Represented defendant in patent, trademark and copyright litigation over toy patents and catalog. Suit dismissed.
Iraci v. Meyer Plows (PAED 2006) Represented owner of patent for electronic control of snow plows. Obtained reasonable royalty in Jury Trial. Upheld on appeal.
Classen v. King Pharma (MD 2004) Representing patent holder of pharmaceutical business method patent. On appeal at CAFC.
Armanno v. Puricle and WalMart (CACD 2006) Represented owner of patent on toilet bowl technology. Settled.
Quantum Research v. Apple (MD 2005) Represented Plaintiff, UK owner of patent on capacitive sense technology used in iPod, iBook and Apple Mouse. Case settled with over $100M payment to Plaintiff.
Tse v. Apple, Napster, Music Match, Sony & Real Networks (CAND 2005) Represented HK owner of patent for Digital Rights Management Technology.
Kernius v. IEI at al. (MD 2005) Represented owners of patent for Internet Caller ID technology. Six licensees prior to trial. Obtained damages at Jury Trial.
Cross v. PlayBoy Enterprises (CACD 2006) Represented owner of T-shirt design patent. Obtained reasonable royalty.
ConTech v. BaySaver Technologies (MD 2007) Successfully represented defendants in water filtration patent case patent declared not-infringed at trial.
Harvey v. Apple (MD 2007) Represented owner of patent for charger technology. Obtained seven figure reasonable royalty.
AFMC v. IBM (TX ED and NE 2007) Represented owner of patent for software. Obtained reasonable Royalty.
SuperBag v. EuroPackaging & Inteplast (TX SD 2007) Represented owner of patent for plastic bags. Obtained voluntary injunction.
Green v. ConAgra (MI 2008) Microwave food container. Settled.
EO Mfg v. Ridge Tools & Superior Tool Company (OH 2008) Obtained reasonable royalty for patent owner in settlement.
Fotomedia Technologies v. Fotki et al. (TX 2008) Successfully represented defendants. Suit dismissed without payment.
Hidden Values v. Hanic Publishing (TX 2008) Successfully defended accused infringer and obtained dismissal by Court.
PolyTex v. GRM (TX 2008) Commercial litigation between manufacturer and distributor. Jury Trial. Verdict for our client.
AFMC v. IBM (NE 2008) Obtained reasonable royalty settlement for patent owner.
EasyWeb Technologies v. Fotki, Inc. (NY 2009) Successfully defended against patent infringement. Suit dismissed without payment.
Better Bags v. RediBags (TX, NY 2009) Represented Defendant at jury trial and achieved favorable result by invalidating Plaintiff's patent.
CANVS v. US (US Court of Federal Claims 2010) Representing patent owner in suit against Army and Department of Justice for infringement of night vision fusion patent.
Two Guys and a Truck v. Two Men and a Truck (VA 2011) Trademark litigation resolved before trial.
SuperBag v StarPack (TX 2011) Represented patent owner of plastic bag manufacturing patents and bag structure patents . Obtained reasonable royalty.
US Rubber Recycling v. Berkley Research Group (AAA 2013) Commercial dispute, arbitration hearing, currently on appeal in California.
Zenith v. Costco, Inc. & DSI, Inc. (FL 2011) Defended Costco and manufacturer accused of patent infringement. Obtained royalty free license.
GlycoBioSciences v. Novartis Pharma (NJ 2012) Represented pharmaceutical manufacturer in enforcement of multiple formulation patents. Obtained multi-million dollar royalty.
In Re Certain CoQ10 Food Additives (USITC 2012) Represented foreign owner of patents for CoEnzime Q10 food additives in the United States International Trade Commission in the preservation of domestic industry for additive manufacture and food processing.
In Re Certain Polyimide Films (USITC 2012) Represented foreign owner of patents for Polyimide films in the International Trade Commission in the preservation of domestic industry for manufacture and processing of films for industrial application.
Fasmac v. Stanley Tools (CA 2012) Obtained reasonable royalty for owner of industrial tool patent.
Polyzen Medical Technologies v. RadiaDyne (NC 2012) Representing medical surgical device manufacturer in patent suit with competitive manufacturer.
KB Tool Company v. NAPA, Balkamp & General Products Corp. (NE 2013) Representing patent owner in design patent suit for automotive tools.
Branovations v. Ontel (FL 2013) Prevailed on all issues at Jury Trial and recovered damages for Plaintiff patent owner.
AngleFix / University of NC v. Wright Medical Technologies (TN 2013) Representing orthopedic bone plate medical device developers in patent suit with manufacturer.
AngleFix / University of NC v. Smith & Nephew (TN 2013) Obtained royalties for the license of orthopedic bone plate medical patent in suit with manufacturer.
AngleFix / University of NC v. Nuvasive (TN 2013) Representing orthopedic bone plate medical device developers in patent suit with manufacturer.
CANVS v US SBIR (ASBCA 2013) Representing veteran owned business in the appeal of a claim for violation of Small Business Innovation Research Act at the Armed Services Board of Contract Appeals.
Proctor & Gamble v. Clio (OH 2013) Represented multiple Defendants in suit over dental care products. Obtained a favorable resolution for clients.
Uniloc v. Deposit Photo et al. (TX 2013) Successfully represented multiple Defendants accused of infringement of a media file sharing patent. Suit dismissed without payment.
Masterfile v. Hoover Financial (CA 2014) Represented Defendant in a photograph copyright suit.
Mortgage Grader v. Costco (CA 2014) Representing Defendant Costco in defense of accusation of infringement of a business method patent.
CANVS v. FLIR, IT&T, Exelis, Nivisys (FL 2014) Representing Plaintiff patent holder in the enforcement of night vision patents.
Red Bull v. BullsOne (USPTO 2014) Representing manufacturer of automotive parts in numerous trademark opposition and cancellation proceedings
Beacon Adhesives v. United States (NYED and Court of Claims 2014) Representing manufacturer of ammunition adhesives and fabrication equipment in patent infringement litigations.
LifeHealth v. Epocal, Roche et al. ( WI 2015) Representing manufacturer of blood analysis equipment in patent infringement litigations.
Game and Technology Company v. Blizzard Entertainment et. al. (TX 2015) Representing developer of on-line game technology in patent infringement litigations.
Ahrong v. Rex KARA (USPTO 2015) Representation of manufacturer of health and beauty products in trademark cancellation proceeding.