Amit Makker

Amit’s experience includes:

District Court

• Represented a leading software company in a patent infringement case regarding form-scraping patents filed in the Western District of Texas. Amit got Judge Albright to flip a tentative Markman ruling into an important claim construction win. The case settled favorably
• Represented a leading software company in a patent infringement case regarding data marketplace patents filed in the Western District of Texas. The case settled favorably
• Represented Amazon in a patent case, originally filed in the Eastern District of Texas and subsequently transferred to the Northern District of California. The patent was alleged to cover interactivity on the WWW. Latham secured summary judgment under § 101 invalidating the patent
• Defending well-known AI company in trademark dispute, including successfully opposing preliminary injunction through briefing and evidentiary hearing
• Represented multinational technology company in a patent dispute related to video codec products filed in the Eastern District of Texas. The Latham team whittled the case down with key claim construction wins and ultimately the case settled favorably
• WSOU Investments, LLC v. Arista Networks, Inc. (N.D. Cal.), in representing Arista Networks in its ongoing dispute with WSOU Investments relating to networking patents from an Alcatel-Lucent portfolio that WSOU obtained, which was successfully transferred from W.D. Tex. to N.D. Cal.
• Nippon Telegraph and Telephone Corporation et al. v. Texas Instruments Inc. (W.D. Tex.), in representing Texas Instruments in its dispute with Nippon Telephone and Telegraph (NTT) and Essential Wi-Fi regarding NTT’s allegedly standard-essential patents to various 802.11 Wi-Fi standards, which resolved favorably for Texas Instruments
• Invensas Corp. v. Samsung Electronics Co., Ltd. et al. (E.D. Tex.), in representing Invensas parent company Xperi in asserting patents regarding various semiconductor technologies against Samsung in the Eastern District of Texas and the District of Delaware as part of a larger a patent infringement dispute involving 23 patents in seven US lawsuits, all of which were successfully settled, with Xperi generating a substantial growth of more than 40% in share value shortly after the settlement’s announcement
• Samsung Electronics v. NVIDIA (E.D. Va.), defending NVIDIA in an eight-patent suit involving various semiconductor technologies, including fabrication, memory controllers, and SDRAMs, in which only three patents remained at trial, where the judge declared a mistrial as to two patents and the jury found the remaining patent not infringed
• Realtime Data v. Veritas Technologies (N.D. Cal.), in representing defendant Veritas in a patent litigation asserting five patents relating to data compression technology, in which the team successfully obtained a stay pending IPRs prior to institution of IPRs on two of the five asserted patents obtained transfer from the Eastern District of Texas to the Northern District of California. The Latham team was instrumental in a § 101 briefing in another court and ultimately all claims asserted against Veritas were affirmed as invalid

ITC

• Advised TSMC in a patent litigation before the ITC against Daedalus Prime. The patents were asserted against TSMC’s FinFET semiconductor manufacturing processes. Two patents related to isolation structures between transistors were dropped before expert reports. Two patents related to source/drain contact formation were litigated until the eve of trial.  Latham managed the patent merits, discovery, and public interest. The matter settled favorably for the client
• Advised Mimir in an offensive litigation campaign against Micron and its customers HP, Lenovo, Tesla, Kingston, and Acer relating to DRAM and NAND memory technology developed by SK Hynix. The campaign included two separate three-patent offensive litigations at the ITC and two separate six-patent cases in the Eastern District of Texas.  Mimir sought exclusion orders preventing Micron and its customers from importing and selling billions of dollars’ worth of Micron memory products in the US market as well as US$100Ms in past damages. The case settled favorably for the client
• In re Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof, in representing Daikin Industries in its dispute with EcoFactor regarding EcoFactor’s patents related to smart thermostats and HVAC systems, which involved an ITC investigation and two district court cases and concluded with a favorable resolution for Daikin
• In re Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same, in representing respondent NVIDIA in patent litigation asserting four patents relating to computer graphics technology, in which the team developed robust invalidity and non-infringement positions in support of an early negotiated settlement

PTAB

• Arista Networks, Inc. v. WSOU Investments, LLC, in representing Arista, Amit argued the case to the Board and was successful in knocking out a key patent in WSOU’s portfolio. Amit also argued at the Federal Circuit to keep the win in place on WSOU’s appeal of the PTAB’s decision
• Synaptive Medical Inc. v. Karl Storz Endoscopy-Am., Inc., in representing Synaptive Medical, an emerging Toronto-based medical device company, in a litigation battle against competitor Karl Storz relating to robotic digital microscopy, including a US District Court litigation and a PTAB proceeding, in which the team successfully stayed the District Court litigation and obtained a favorable ruling in the PTAB proceeding