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

Chapter 11 case for asset-backed security holders
Represented asset-backed security holders in Chapter 11 case filed in Oklahoma.  Resulted in confirmed plan providing substantial returns to security more
Insurance claims for national defense company involving construction delays in gasoline storage tank construction project
Handled claims under a builders risk/property policy for flood damage that shut down construction and significantly delayed completion of a propane more
Website related acquisitions and licensing for major media network
Represented major U.S. media network in numerous acquisitions and licensing of hardware, software and content to design, develop, host and operate more
Patent prosecution and counseling for patent legal services for public health agency
Represented public health agency in patent prosecution and counseling matters. Prepared and prosecuted patent applications in a variety of more