Client Highlights*
In 2015, Roger Cook persuaded the Northern District of California (J. Illston) to award $5.5 million, attorneys' fees, and costs to prevailing patent infringement defendant, Sidense. Kilopass Technology, Inc. v. Sidense Corp., 2015 WL 1065883.
In 2014, Mr. Cook persuaded the Federal Circuit to make it easier for a prevailing patent infringement defendant to recover its attorney fees from the patent owner, and persuaded Chief Judge Rader to sharply criticize the rigid governing Brooks Furniture standard. Kilopass Technology, Inc. v. Sidense Corp., 738 F.3d 1302 (Fed. Cir. 2013). Four months later, the U.S. Supreme Court favorably cited Kilopass in overruling Brooks Furniture. Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S.Ct. 1739, 1754 at n. 4 (2014). For this achievement, he received a 2015 California Lawyer Attorney of the Year award for intellectual property.
In 2013, Roger Cook defeated Kilopass Technology, Inc.'s claims against Sidense Corp. for alleged infringement of Kilopass' patents on a single transistor, one-time-programmable, non-volatile memory, and for alleged defamation, interference, false advertising and unfair competition. This is affirmed by the Federal Circuit on April 23, 2013. 501 Fed. Appx. 980, 2013 WL 1442509.
In 2008, Mr. Cook defeated International Rectifier's patent for the alleged invention of the power MOSFET. International Rectifier v. IXYS, 515 F.3d 1353 (Fed. Cir. 2008). International Rectifier Corp. v. IXYS Corp., 361 F.3d 1363 (Fed.Cir. 2004); 515 F.3d 1353 (Fed. Cir. 2008). Prior to this decision, the power transistor segment of the semiconductor industry had paid International Rectifier hundreds of millions of royalty dollars for licenses under this patent. Ultimately, IXYS persuaded the Federal Circuit and District Court to order International Rectifier to pay IXYS a seven-figure award of attorneys' fees. Int'l Rectifier Corp. v. Samsung, 361 F.3d 1355 (Fed. Cir. 2004); 424 F.3d 1425 (Fed. Cir. 2005); 238 Fed. Appx. 601.
In 1997, Roger Cook defeated Harris Corporation's patent for the alleged invention of the insulated gate bipolar transistor (IGBT). Harris Corporation v. IXYS, 114 F 3d 1149 (Fed. Cir. 1997).
In 1993, Mr. Cook successfully concluded Grid and Tandy v. Texas Instruments by demonstrating that Texas Instruments' patent for the alleged invention of the microprocessor had been copied from Intel.
In 1985, Roger Cook won jury verdict of patent infringement for Gordon Gould, inventor of the laser, in Gould v. Cooper LaserSonics. Mr. Gould's tribulations and ultimate vindication (including the subject case) have been chronicled in Laser: The Inventor, the Nobel Laureate, and the Thirty-Year Patent War, by Nick Taylor, Simon & Schuster, NYC 2000.
In 1983, Mr. Cook won a jury verdict of patent infringement and multi-million dollar damages award for Bio-Rad Corp. against Nicolet Instrument Corp., including a record 33% reasonable royalty. This was the first jury verdict reviewed by the newly established United States Court of Appeals of the Federal Circuit, affirmed on all counts. 739 F2d 604 (Fed. Cir. 1984).
*Past successes are no guarantee of future success.