About

Derek Meeker

Representative Matters

REPRESENTATIVE WORK - POST-GRANT PROCEEDINGS

Mr. Meeker has served as counsel in several inter partes reviews (IPRs), covered business method patent reviews (CBMs), ex parte reexaminations and contested reexaminations.  Representative matters include:

  • NVIDIA Corp. v. Polaris Innovations Ltd. (IPR2017-00381, IPR2017-00382, IPR2017-00901, IPR2017-01346, IPR2017-01500, IPR2017-01781, IPR2017-01819, and IPR2017-01832) – Backup counsel representing the owner of six patents relating to computer memory technology.  Derek prepared and argued two of the cases before the Board winning the IPR trial partially or completely and worked with a team that avoided institution in three other two cases. Settled under confidential terms.

  • ClearOne, Inc. v. Shure, Inc. (IPR2019-00683) – Backup counsel representing the petitioner challenging U.S. Patent No. 9,565,493, directed at a beamforming microphone array technology. A majority of the claims were found unpatentable, including many proposed in a motion to amend.

  • Red Hat, Inc. v. Elecs. & Telecommc’ns Research Inst. (IPR2019-00465 and IPR2019-00467) – Bakcup counsel representing the owner of U.S. Patent No. 6,781,436, directed at logical volume management for use in a RAID (redundant array of inexpensive disks). Derek worked with a team that convinced the PTAB not to institute trial for either one of two IPR petitions.

  • [Various Parties] v. Elecs. & Telecommc’ns Research Inst. (IPR2013-00635, IPR2014-00152, IPR2014-00901, IPR2014-00949, and IPR2015-00549) – Represented the owner of U.S. Patent No. 6,978,346, directed at a redundant interconnection for a RAID (redundant array of inexpensive disks) in a series of six IPR petitions filed by Dell, Hewlett-Packard, Net-App, VMware, IBM, and Oracle against the patent, raising or attempting to raise a total of 15 different patentability challenges.  Served as part of a team that convinced the PTAB not to institute trial for three of those petitions, won the trials in the other three cases, and obtained an affirmance in the Federal Circuit for one of the three successful trials.

  • Flywheel Sports, Inc. v. Peloton Interactive, Inc. (IPR2019-00294, IPR2019-00295, IPR2019-0564, and IPR2019-01411) – Backup counsel representing the owner of several patents for at-home exercise cycling technology. Settled under confidential terms two weeks before the oral hearing in the first three cases.

  • Motorola Mobility LLC v. Intellectual Ventures I LLC (CBM2014-00083 and CBM002014-00084) – Part of team representing owner of fundamental Internet technology patents.  

  • Motorola Mobility LLC v. Intellectual Ventures I LLC (Control Nos. 95/002,095; 95/002,095; 90/013,205, and 90/013,206) – Part of a team representing owner of fundamental Internet technology patents in a pair of inter partes reexaminations and ex parte reexaminations.  

  • Kingston Tech. Company, Inc. v. PAVO Solutions, LLC (fka CATR Co.) (IPR2015-00149 and IPR2015-00559) – Backup counsel in two IPRs for a patent directed to flash memory devices with a rotary cover.  Three of the four independent claims in the patent survived the trials.  The Federal Circuit affirmed all aspects of the Board’s decision favorable to the patent owner and reversed the Board’s adverse decisions on all appealed claims held unpatentable below. A jury later found the patent willfully infringed by Kingston and awarded PAVO over $7.5 million.

REPRESENTATIVE WORK - PATENT PROCUREMENT AND PORTFOLIO MANAGEMENT

For almost 16 years, Mr. Meeker has managed prosecution for large international companies, small start-ups, and individual inventors:

  • Prepared and prosecuted patent cases from inception to issuance. These cases included technologies such as semiconductor devices including semiconductor memory devices, memory controllers, storage controllers, semiconductor processing, lower level network protocol layer processing, computer peripherals, telecommunication and networking systems, x-ray generation and imaging devices, remote data storage systems, high-speed test and measurement instrument hardware and user interfaces, display devices, printing and imaging devices, lighting control systems, RF power amplifiers, turbocharger systems, engine control systems, and vehicle charging systems.

  • Several successful appeals in patent applications before the Patent Trial and Appeal Board.

  • Managed prosecution of existing patent portfolios with one to two hundred cases.

  • Drafted non-infringement, invalidity, and freedom-to-operate opinions.

  • Supervised international prosecution and recommended cost effective international portfolio strategies.

  • Prosecuted trademark applications and appeals.

RECENT REPRESENTATIVE WORK – FEDERAL CIRCUIT APPEALS

  • Backup counsel for appellee in VMware, Inc. v. Elecs. & Telecommc’ns Research Inst., Nos. 2016-1670, -1673.

  • Backup counsel for appellee in Dell Inc. v. Elecs. & Telecommc’ns Research Inst., No. 2015-1719.  Co-author of briefs.