Mitch Stockwell focuses his practice on intellectual property dispute resolution, with particular emphasis on patent infringement, trade secret and related intellectual property litigation and licensing transactions.
Mr. Stockwell has represented companies in more than 60 lawsuits and arbitrations in federal courts throughout the country. He has tried to verdict, and litigated through judgment and appeal, more than a dozen disputes. He has litigated and evaluated patents and trade secret claims in technologies including cable and telephony communications, wireless communications (including GSM, NMTS and VOIP standards) software, e-commerce, electronics, medical products (including athletic knee and hip systems) and athletic shoes and equipment.
Mr. Stockwell was selected by his clients to BTI Consulting's 2010 and 2011 Client Service All-Star Team in recognition of his client service excellence. He was recognized in The Best Lawyers in America® for Intellectual Property Law in 2012 and the five years immediately preceding. He was named to The International Who's Who of Business Lawyers for 2009 and 2011 and the International Who's Who of Patent Lawyers in 2007 and 2011. Mr. Stockwell was also recognized as a Georgia "Super Lawyer" in Intellectual Property Law in 2009 and in Intellectual Property Litigation in 2012 and the three years immediately preceding by SuperLawyers magazine. He is listed in the 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business. Mr. Stockwell is AV® rated by Martindale-Hubbell.
Mr. Stockwell regularly assists companies with intellectual property and related disputes and counseling. He has spoken on related topics at seminars sponsored by the ABA, PLI and various state and national bar and CLE organizations. Mr. Stockwell acted as an adjunct professor for the University of Georgia on intellectual property courses, and is an active member in the State Bar of Georgia.
Professional & Community Activities
American Bar Association, Member
American Intellectual Property Law Association, Member
Co-Chair, Atlanta Program, Practising Law Institute's Patent Litigation (2003-2010)
Federal Bar Association, Member
Patent Bar of the United States, Member
State Bar of Georgia, Investigative Panel, Former Member
University of Georgia School of Law, Former Adjunct Professor
Industries
Telecommunications; Technology & Software; Entertainment, Media & Sports; Health & Life Sciences
Experience
Verizon Services Corp. v. Cox Fibernet Va., Inc., Lead counsel on behalf of Cox Communications, which was accused of infringing a competitor's patents relating to voice over IP technology. We obtained a jury verdict of no patent infringement of six patents and invalidity of two patents. Affirmed by the Federal Circuit.
Verizon Servs. Corp. v. Cox Fibernet Va., Inc., No. 08-157 (E.D. Va. filed Jan. 11, 2008).
Jan K. Voda v. Medtronic Inc., et al., Served as lead counsel on behalf of Jan Voda, M.D., a cardiologist, in a patent infringement suit related to angioplasty catheters against Medtronic, Inc. and Medtronic Vascular, Inc., in the Western District of Oklahoma. After a two-week trial in January 2012, a jury found Dr. Voda's patents to be valid and Medtronic willfully infringed. The jury awarded Dr. Voda a royalty rate of over 14 percent.
Voda v. Medtronic, Inc. et al., No. 09-cv-95 (W.D. Okla filed Jan. 22, 2009).
Rembrandt Techs., LP v. Charter Commc'ns, Inc., In re Rembrandt Techs. LP, The firm served as lead counsel on behalf of CoxCom, Inc. in two suits brought by Rembrandt in the Eastern District of Texas and other districts on nine patents related to the technology involved in the delivery of cable services. We persuaded the judicial panel on multi-district litigation to consolidate, for pre-trial purposes, numerous proceedings and transfer the matter to the District of Delaware. A Markman order from the first case in the series was subsequently vacated by the transferee judge, thus limiting the plaintiffs to a single claim construction. Case pending. (Originally assigned to Judge Ward; transferred to Judge Davis).
Rembrandt Techs., LP v. Charter Commc'ns, Inc., No. 06-223 (E.D. Tex. filed June 1, 2006), In re Rembrandt Techs. LP Patent Litig., No. 07-01848 (D. Del. filed June 21, 2007).
Video-on-demand patent litigation for national cable entertainment provider, Represented national cable entertainment provider in pending multi-district patent litigation relating to video-on-demand services. Settled.
adidas America Inc. v. Akeva LLC, The firm is lead counsel for adidas in multi-defendant patent litigation relating to more than a dozen patents on athletic footwear.
Asics America Corporation, et al. v. Akeva LLC, No. 1:09-cv-00135 (M.D.N.C. filed Feb. 21, 2009).
Taurus IP, LLC v. Chrysler Group and Mercedes-Benz USA, LLC, The firm served as lead counsel on behalf of Chrysler Group and Mercedes-Benz USA LLC in connection with a string of successes in the United States District Court, Western District of Wisconsin and the United States District Court, Eastern District of Texas against related entities Orion, Taurus and ST Sales Tech. The plaintiff entities, who had asserted several patents against Chrysler and Mercedes after a settlement agreement was in place, were put on the defensive when we asserted counterclaims for breach of a previous settlement agreement. The United States District Court, Western District of Wisconsin granted summary judgment for Chrysler and MBUSA finding non-infringement, invalidity and dismissing all the patent-related claims. Later a jury returned a verdict on liability in favor of Chrysler and MBUSA on the breach of contract claims. After a finding that the plaintiff had not acted in good faith, the court then awarded contract damages and legal fees. Related suits were later dismissed. Appeal pending. (Judge Crabb and Judge Davis).
Taurus IP, LLC v. Chrysler, LLC and Mercedes-Benz USA, LLC, No. 07-0158 (W.D. Wis. filed Mar. 20, 2007); Orion IP, LLC v. DaimlerChrysler (E.D. Tex.) and Orion IP, LLC v. MBUSA (E.D. Tex.).
Nike Inc. v. adidas America Inc., Lead counsel defending adidas in a patent infringement suit brought by Nike in the Eastern District of Texas related to Nike Shox technology and the use of electronic sensors in shoes. After we obtained a favorable Markman ruling for adidas, Nike stipulated to non-infringement by adidas of the Shox patent. We successfully negotiated a favorable settlement agreement for adidas prior to trial. (Judge Clark).
Nike, Inc. v. adidas America, Inc., et al., 479 F. Supp. 2d 664 (E.D. Tex. 2007).
Peach State Labs Inc. v. Environmental Manufacturing Solutions, Served as lead counsel on behalf of Peach State Labs in a patent infringement suit related to the use of urea hydrochloride as a cleaning agent. After a week long jury trial, the jury found that the defendant had willfully infringed Peach State's patent and awarded damages leaving the defendant with $0.01 per unit profit. The district court later granted Peach State a permanent injunction and trebled the damages based on the willfulness finding.
Peach State Labs, Inc. v. Environmental Manufacturing Solutions, No. 09-cv-395 (M.D. Fla. filed Feb. 27, 2009).
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
09 April 2012, Inter Partes Review: The Good, The Bad And The Ugly
Source: Law360, Articles
01 April 2012, Inter partes review: Rocket docket patent validity trials in the USPTO
Source: IP Magazine, Articles
01 June 2011, Limiting Claim Construction Challenges After Ortiz V. Jordan
Source: AIPLA Quarterly Journal, Articles
27 September 2010, Federal Circuit Says Industry Standards Can Be Used to Show Patent Infringement, Legal Alerts
12 March 2009, IP Innovations Class: Managing Legal Costs and Alternative Billing Arrangements, Podcasts
01 January 2009, Reexamination Tactics: Present and Future
Source: Intellectual Property Desk Reference, Other Publications
01 January 2009, Enforcement of Patents - Injunctions, Pre-Litigation Techniques and Strategy
Source: Intellectual Property Desk Reference, Other Publications
01 December 2007, Patent Infringement by Joint Action Under Federal Circuit Opinions
Source: 18 Intellectual Property Litigation 2, Other Publications
01 June 2007, Look Again: Reevaluating Reexamination
Source: Patent World, Articles
06 March 2007, Intellectual Property Innovations Class: Reexamination: Snatching Victory from the Jaws of Defeat?, Podcasts
21 September 2006, eBay: A Changed Legal Landscape
Source: Patent World, Articles
01 September 2006, Implementing eBay: New Problems in Guiding Judicial Discretion and Enforcing Patent Rights
Source: Journal of the Patent and Trademark Office, Articles
27 July 2006, Supreme Court's Review of Obviousness Standard in KSR International v. Teleflex Inc., Legal Alerts
01 January 2006, Reexamination Tactics: Present and Future
Source: Intellectual Property Desk Reference, Other Publications
01 January 2006, Choosing Between Trade Secret and Patent Protection
Source: Intellectual Property Desk Reference, Other Publications
18 May 2005, Trade Secret Versus Patent Protection: Or Both?
Source: ACC IP Committee Newsletter via www.KilpatrickStockton.com, Articles
17 May 2005, Intellectual Property Innovations Class: Reexamination and Reissue - Snatching Victory From the Jaws of Defeat?, Podcasts
31 October 2003, Proving Patent Damages After Daubert: It's All Execution
Source: Practising Law Institute: Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series, Articles
01 May 2002, When a Patent License Fails: Looking at and Beyond the Patent Issues
Source: The Patent Journal, Articles
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases
22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases
13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases
02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases
22 February 2011, Kilpatrick Townsend's Darin Gibby, Paul Pilecki, and Mitch Stockwell Receive National Recognition For Superior Client Service, News Releases
24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases
12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases
21 June 2010, Kilpatrick Stockton Earns National Ranking from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases
21 June 2010, Kilpatrick Stockton Again Named Top Firm in Georgia for Intellectual Property by Chambers USA 2010, News Releases
14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases
04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases
10 February 2010, Kilpatrick Stockton's W. Randy Eaddy and Mitch Stockwell Receive National Recognition For Superior Client Service, News Releases
04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases
15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases
08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases
25 March 2009, Kilpatrick Stockton Recognized for IP Coups, News Releases
02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases
Events
12 March 2009, IP Innovations: Managing Legal Cost and Alternative Billing Arrangements, Events
01 November 2008, Ethics Issues in Patent Litigation, Events
01 November 2008, Dealing with Experts, Events
15 April 2008, Case Management: Setting Up the Most Effective Roles and Relationships, Events
15 April 2007, Patent Claim Construction CLE, Events
15 April 2007, SpringPosium Intellectual Property, Events
15 February 2007, Reexamination Snatching Victory from the Jaws of Defeat, Events
15 December 2006, Venue & Filing Considerations, Streamlining Patent Litigation, Events
15 December 2004, Patent Developments Affecting Corporate Counsel, Events
01 October 2004, Planning, Preparing and Presenting a Believable Damages Story for Trial, Events
16 August 2004, Wrestling with the Diverse and Challenging Intellectual Property Issues, Events