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.

Experience Center

Match our Experience to Your Needs

View All Case Studies

Experience Highlights

Innovative strategic alliance for Acuity Brands Lighting Inc.
Represented Acuity Brands Lighting Inc, one of the world's leading providers of lighting fixtures and related products and services, in connection more
First lien and second lien credit facilities of a paper manufacturing company
Representation of lead agent and lender in connection with $95M syndicated secured first lien and second lien credit facilities used to finance the more
Trademark portfolio protection for Equifax Inc.
Represents Equifax Inc., one of the United States' largest credit reporting agencies, by helping Equifax protect and maintain its trademarks, more
Product default claim stemming from off-road vehicle accident
Served as counsel for an individual in a product liability action against a manufacturer of components for 4x4 vehicles. Our client became paralyzed more