Significant patenting and patent portfolio management activities continue to be a critical, albeit less visible, cornerstone of Kilpatrick Townsend’s patent practice. One lengthy chapter of that story closed in June 2009.

This chapter began in 2001, when Kilpatrick Townsend attorneys drew on decades of experience with carpet manufacturing technologies to prepare a groundbreaking utility patent application for Interface. The invention involved carpet tiles that can be installed without regard to their rotational position while not looking out of place. This feature of carpet tile was so original that it had no name, so Kilpatrick Townsend attorneys coined a new term to describe it: orthogonal ambiguity. Successful prosecution of this unconventional utility patent (involving the functional use of a product’s appearance) required extensive advocacy in the Patent Office.

A significant win any way you look at it

Kilpatrick Townsend filed suit against five Interface competitors the day the patent issued in June 2005. Two of the five defendants quickly accepted licenses. Intense litigation against the other three highly litigious competitors continued until the eve of trial, which was scheduled for July 2009. After obtaining favorable claim constructions and defeating multiple summary judgment motions on the patent’s validity, enforceability, and Interface’s infringement claims, Interface successfully settled with the remaining defendants in May and June 2009.

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Experience Highlights

In re NII Holdings
Represented creditors committee for NII Holdings Inc. (f.k.a. Nextel International) in connection with restructuring of more than $2 more
Headquarters relocation for Lenovo Group Ltd.
Represented Lenovo Group Ltd. in connection with securing of a new U.S. headquarters location, including negotiating a multimillion dollar incentives more
Trademark infringement case for health care related company
Represented a health care related company in litigation with a former marketing and sales consultant, who was also a minority shareholder. The more
Trust funds litigation for equitable accounting of lands and resources for a tribal community
Serves as lead counsel representing claims for an equitable accounting of the trust funds, lands and resources the U.S. government has held in trusts more