Law360 recently reported that a Florida federal jury exonerated Shutts & Bowen client, Green Shades Software Inc., of accusations that it infringed a pair of patents, additionally finding that the patent claims were never valid. The verdict, which was issued February 27, also found that Green Shades did not infringe various other claims in two patents held by Aatrix Software, Inc.
Shutts & Bowen partners Joseph Bain and Woodrow “Woody” H. Pollack defended Green Shades, successfully arguing that the patent claims at issue were not valid under the so-called “on-sale bar.” The on-sale bar prohibits patents on inventions that were on sale more than a year before the patent application was filed.
This case has been in process for 8 years and the plaintiff was seeking more than $30M in damages from Green Shades.
“We’re very excited with the jury’s verdict,” Woody said. “We think they reached the right result, finding no infringement by our client, and in fact finding that the claims of the asserted patents are invalid.”
You can read the full story here.
Green Shades was represented by Joseph Bain and Woodrow Pollack from Shutts & Bowen, and Jason Mehta and Natalie Adams from Foley & Lardner.
About Joseph W. Bain
Joseph W. Bain is a partner in the West Palm Beach office of Shutts & Bowen LLP, where he is a member of the Intellectual Property Practice Group. A Martindale Hubbell AV® rated attorney, Joe is part of the inaugural class of attorneys Board Certified in Intellectual Property Law. His counseling and IP portfolio management expertise is complemented by over 25 years of IP litigation experience in various district courts throughout the nation and several trials before the International Trade Commission.
About Woodrow H. Pollack
Woodrow “Woody” Pollack is a partner in the Tampa office of Shutts & Bowen, where he is a member of the Intellectual Property practice group. Woody is Board Certified in Intellectual Property Law by The Florida Bar. He focuses his practice on litigating complex patent, trademark, copyright and trade secret disputes. He litigates matters in state and federal courts as well as patent validity issues before the U.S. Patent Trial and Appeal Board. He also counsels clients extensively in developing patent and trademark portfolios.
"Zero Dollars: Florida Jury Returns Defense Verdict on $36M Patent Claim," Daily Business Review (March 3, 2023)