Andrew Mace

Special Counsel
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Experience

Facebook scores key victory by nixing online messaging patent

May 16, 2017

In May 2015, Cooley convinced a panel of judges at the PTAB to cancel claims of an online messaging patent asserted against Facebook by plaintiff EveryMD. A three-judge panel ruled that the challenged claims of the patent are invalid and also threw out EveryMD's proposed new claims finding that the plaintiff failed to prove the validity of those claims in light of prior art. In March 2016, the Federal Circuit upheld the PTAB's decision in its entirety.

Related contacts

Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Reuben Chen
Partner, Palo Alto
Andrew Mace
Special Counsel, Palo Alto

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Trial win for Facebook in patent case targeting “Like” button

July 27, 2016

Cooley defended Facebook in a patent infringement suit that targeted one of Facebook's most prominent features – the "Like" button. Rembrandt Social Media filed the case in the Eastern District of Virginia, accusing Facebook of willfully infringing two patents covering social media.

Originally, Rembrandt accused Facebook of willfully infringing two patents but we convinced the court to dismiss willful and indirect patent infringement claims early in the case. We also persuaded the judge to exclude the testimony of two Rembrandt expert witnesses, including, significantly, an expert tasked with calculating damages. As a result of this ruling, Rembrandt filed an appeal with the Federal Circuit, which was denied, and the case proceeded to trial.

In June 2014, following a five day trial, Cooley secured a complete defense verdict - the jury issued a ruling of non-infringement and also invalidated the two patents. To date, Facebook has had only two patent jury trials, both of which Cooley has resolved successfully.

Related contacts

Michael Rhodes
Partner, San Francisco
Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Phillip Morton
Partner, Washington, DC
Liz Stameshkin
Special Counsel, Palo Alto
Andrew Mace
Special Counsel, Palo Alto
Dane Voris
Special Counsel, Boston

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California

New York

United States Patent and Trademark Office (USPTO)