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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Private contract dispute arising out of a government contract for a marine repair and conversion company
Represent a marine repair and conversion contractor in disputes arising from a contract for the conversion of a fleet of U.S. Coast Guard cutters. more
MicroCapital Investors Inc. v. Broyhill Furniture Industries Inc.
Defended Broyhill Furniture Industries, Inc. (Broyhill) in breach of contract claim arising from allegations that more
Patent prosecution and counseling for Lee Valley Tools Ltd.
Counseled Lee Valley Tools Ltd. and Veritas Tools, a leading woodworking and gardening tool developer, manufacturer and retailer, for more than more
Trademark infringement for a Fortune 500 multinational computer software manufacturer
Successfully represented a Fortune 500 multinational corporation that designs and manufactures consumer electronics and computer software more