Adam J. Eckstein
Contact
Phone: (901) 522-9000 Fax: (901) 527-3746 aeckstein@martintate.com
Bar Admissions
Tennessee

Patent Infringement Defense

In 2013 the firm’s client was sued for infringement of two of plaintiff’s wastewater rehabilitation system patents.  Our client had rehabilitated several waste water system using the instrumentality challenged by the plaintiff.  We determined that the plaintiff’s allegations were not well founded and vigorously defended our client’s right to continue using its rehabilitation system.  We also filed a counterclaim seeking a Court finding that our client’s system did not infringe plaintiff’s patents and asking the Court to award our attorney’s fees and expenses in defending the action.  In response to our aggressive defense, plaintiff ultimately dismissed its claims with prejudice and entered a covenant not to sue our client “under any claim of either patent, and any claim in any reissued or reexamined version of the . . . patent that is substantially similar to any claim of the . . . patent as it currently reads.”  The Court dismissed the case with prejudiced based on plaintiff’s “unconditional and irrevocable covenant not to sue.”

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