Jackson Walker Obtains Federal Circuit Win in Cronos Patent Suit


Jackson Walker successfully represented clients Expedia, Inc., Priceline Group, Inc. Priceline.com LLC, and Travelocity.com LP before the United States Court of Appeals for the Federal Circuit. On August 17, 2017, the Federal Circuit issued an opinion affirming the District Court’s determination that the online travel companies’ websites did not infringe on the Plaintiff’s remote ordering terminal patent and were thus entitled to a summary judgment of non-infringement. In so doing, the Federal Circuit concluded that the District Court correctly construed the terms “item code” and “identifying code.” The Court also concluded that “no reasonable jury could find that the Appellees’ accused products infringe the “110 patent under Cronos’s theory.”

In the original suit, Jackson Walker represented the defendants in three related patent infringement cases brought by Cronos Technologies, LLC in which Cronos sought more than $20 million. Chief Judge Leonard Stark of the United States District Court for the District of Delaware granted summary judgment of non-infringement in favor of all three defendants. Summary judgment was based on the Plaintiff’s inability to show that the travel websites required users to enter “item codes” as required by the claims of the asserted patent. The Court held that clicking hyperlinks and entering search queries were not entering “item codes” within the meaning of the patent, and that no reasonable jury could find that they were.

Expedia, Priceline, and Travelocity were represented by Bob Latham, John Jackson, Nate St. Clair, and Matt Acosta in the appeal. St. Clair argued the case to the Federal Circuit. David Folsom participated as counsel in the District Court, and Chris Rourk represented the companies before the Patent Trial Appeals Board.

For more information, read the court’s ruling.

About the Team

For over 18 years, John M. Jackson has represented a wide variety of clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and the International Trade Commission. Chris Rourk is a Dallas intellectual property attorney with extensive experience handling high profile matters for clients, both those dealing with all aspects of intellectual property as well as corporate transactions, commercial litigation and other complex interdisciplinary matters. Nate St. Clair is an Intellectual Property litigator and counselor, and he counsels and represents clients in a wide range of Intellectual Property matters, with an emphasis on patent litigation, and patent portfolio licensing and management. Bob Latham has developed nationally recognized expertise in the areas of media law and intellectual property litigation and chairs both practice areas at Jackson Walker. Matt Acosta is a Dallas trial lawyer recognized for his experience in intellectual property and patent litigation. David Folsom is a partner in Jackson Walker’s Litigation practice group and is significantly involved with the firm’s intellectual property litigation matters.

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