Oliver C. Bennett is Counsel in the New York office of Kaye Scholer and a member of the Intellectual Property practice in the Litigation Department. As a Fulbright Scholar at Harvard Law School, Mr. Bennett studied the relationship between intellectual property laws and technological innovation. Mr. Bennett’s practice encompasses all aspects of intellectual property litigation and counseling, with particular focus on patent litigation. Mr. Bennett has litigated numerous complex patent infringement cases across a variety of technologies, including biotechnology, medical devices, consumer electronics and internet-based technologies. Mr. Bennett has also been involved several due diligence investigations and has drafted numerous patent license and settlement agreements.
MEHRRepresentative Matters
Nexans, Inc. v. General Cable — Represented Nexans (f/k/a Berk Tek, Inc.) in a declaratory judgment patent infringement lawsuit filed in the Eastern District of Pennsylvania relating to high speed data communications cables. The matter was successfully settled on favorable terms.
Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.* — Represented medical device company C.R. Bard and its wholly owned subsidiary Bard Peripheral Vascular in a patent infringement lawsuit concerning artificial vascular grafts made from expanded polytetraflouroethyele (“ePTFE”). Following an 18-day jury trial, the jury returned a verdict finding that W.L. Gore willfully infringed the patent and awarded damages of $185 million for past infringement. The jury’s verdict was upheld by the trial judge, who enhanced the damages award to $371 million, and awarded $19 million in attorneys fees and $20.4 million in prejudgment interest.
Netratings, Inc. v. Visual Sciences, Inc. (f/k/a WebSideStory, Inc.)* — Represented leading Web analytics solutions provider Visual Sciences in a patent infringement lawsuit filed by NetRatings in the Southern District of New York. NetRatings asserted that Visual Science’s real time Web analytics solutions infringed five different patents relating to the measurement of online activity. A Markman (claim construction) hearing was held with the matter settling before the Court entered its decision. Visual Sciences was subsequently purchased by Omniture, Inc.
QinetiQ, Ltd. v. Samsung Electronics et al.* — Represented QinetiQ in a patent infringement lawsuit filed in the Eastern District of Texas concerning the foundational patent for liquid crystal displays, such as those used in mobile phones and other handheld devices. Successfully obtained an $18 million verdict for QinetiQ following a bench trial on damages.
Greene, Tweed of Delaware, Inc. v. DuPont Dow Elastomers LLC et al.* — Represented DuPont Dow Elastomers LLC and E.I. DuPont de Nemours & Co. Ltd. in a patent infringement lawsuit filed in the Eastern District of Pennsylvania relating to high performance perfluoroelastomeric seals made from polytetrafluoroethylene. Obtained a highly favorable verdict following a jury trial in which the asserted patent was found invalid on multiple grounds.
ARIAD Pharmaceuticals, Inc. v. Eli Lilly & Co., Ltd.* — Represented ARIAD Pharmaceuticals, Inc. in patent infringement lawsuit filed in the District of Massachusetts relating to the treatment of disease through regulation of the NF kB pathway.
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* indicates cases litigated prior to joining Kaye Scholer LLP.
