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Hunton Andrews Kurth LLP

Gregory L. Porter

Gregory L. Porter

Partner

Hunton Andrews Kurth LLP
Texas, U.S.A.

tel: +1 713 220 4621
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Greg Porter has extensive experience representing and advising companies in all aspects of patent, copyright and trade secret law, including acting as lead counsel in successful jury trials and preliminary injunction hearings, as well as advising on patent procurement and designing around competitor's patents.

Greg also has counseled Fortune 500 clients on the creation and management of their patent portfolios, led IP due diligence teams for major merger and acquisition transactions and participated in contested patent office proceedings such as inter partes reviews and reexaminations. Greg is also a frequent contributor to the firm’s CAFC blog (www.cafcblog.com), reviewing the latest IP decisions at the Federal Circuit

Over the years, Greg has successfully litigated cases in a diverse range of technologies from oil field tools to polymers, telecommunications, and pharmaceuticals. Greg has drafted and prosecuted chemical, oil field and biotech patents. In 2014 Greg successfully defended Imaging Solutions of Australia against a multi-million dollar copyright infringement claim first winning summary judgment on all plaintiffs’ claims and then obtaining a jury verdict and substantial award on client’s counterclaims. Previously, Greg successfully defended Dyna-Drill Technologies in a 13-day jury trial against a damages claim by Kennametal of nearly $60 million for alleged trade secret misappropriation, tortious interference, and breach of contract.

Representative Experience

  • Fast Felt Corporation v. Owens Corning Roofing and Asphalt, LLC et al., 14-cv-00803, Northern District of Ohio, Western Division. Asserting patent infringement claim.
  • Inter Partes Review of U.S. Patent No. 8,137,757 entitled “Print Methodology for Applying Polymer Materials to Roofing Materials to Form Nail Tabs or Reinforcing Strips,” IPR2015-00650. Represented Patent Owner. All claims upheld.
  • Owens Corning v. Fast Felt Corporation, No. 16-2613 (Fed. Cir. 2016). Counsel for Appellee and Patent Owner Fast Felt Corporation.
  • Energy Heating, LLC v. Heat On-the-Fly, LLC, Nos. 16-1559, 16-1893, and 16-1894 (Fed. Cir. 2016). Counsel for Appellant/Cross-Appellee Heat On-the-Fly.
  • Inter Partes Review of U.S. Patent No. 9,393,648 entitled “Undercut Stator for a Positive Displacement Motor,” IPR2016-01686. Represented Petitioner. Case settled.
  • Magnacross LLC v. AT&T Mobility LLC, No. 2:15-cv-844-JRG (lead case) (consolidated), Eastern District of Texas, Marshall Division (Judge Gilstrap). Defended against patent infringement claims. Case settled.
  • MacroNiche Software et al. v. Imaging Solutions of Australia et al., No. 4:12-cv-02293, U.S. District Court, Southern District of Texas, Houston Division (Judge Hittner). Defended against software copyright infringement claim. Won summary judgment on copyright infringement claims and won jury trial with substantial award on client’s counterclaims.
  • Chase Boards, LLC and Fiik Skateboards, LLC, v. Maverix USA LLC, No. 15-cv-61872, U.S. District Court, Southern District of Florida, Ft. Lauderdale Division. Defended against patent infringement claims. Case settled in 2016.
  • Inter Partes Review of U.S. Patent No. 7,323,980 entitled, “Security System and Method With Realtime Imagery,” PTAB-IPR2015-00256. Represented Petitioner. Case settled.
  • Inter Partes Review of U.S. Patent No. 8337856 entitled, “Methods of Treatment Using Anti-ERBB Antibody-Maytansinoid Conjugates,” PTAB-IPR2014-00676. Representing Petitioner.
  • Emtel, Inc. v. MedAire, Inc., Cause No. 4:11-CV-03007, in the United States District Court for the Southern District of Texas (Judge Atlas). Asserted patent infringement claim. Case settled in 2016.
  • Emtel, Inc., v. Lipidlabs, Inc. et al., No. 07-cv-01798, U.S. District Court, Southern District of Texas, Houston Division (Judge Rosenthal). Asserted patent infringement claim. Case settled in 2015.
  • The Eclipse Group LLP, v. Fortune Mfg. Co. Ltd., No. 14-CV-0441, U.S. District Court, Southern District of California (Judge Curiel). Represented Defendant against breach of contract, open book account, account stated and quantum meruit claims; successfully removed default judgment entered against Defendants and had case retained on the Court’s docket; successfully opposed Plaintiff’s summary judgment motion. Case settled.
  • Egyptian Goddess, Inc. v. Dermalactives, Inc., No. 4:12-cv-00769, U.S. District Court, Eastern District of Texas, Sherman Division (Judge Schell). Defended against design patent infringement claim. Case settled.
  • Visual Interactive Phone Concepts, Inc. v. AT&T Mobility, LLC, No. 1:11-cv-03960, U.S. District Court, Northern District of Georgia, Atlanta Division (Judge Story). Defended against patent infringement claim. Case dismissed.
  • Reexamination of U.S. Patent No. 7,968,660 entitled, “Polymer-based composites comprising carbon nanotubes as a filler, method for producing said composites, and associated uses,” Reexamination Control No. 90/013,117. Represented Third-Party Requestor. Reexamination Forced Patentee to Amend Claims Favorable to Client.
  • Kraton Polymers U.S. LLC v. LCY Elastomers L.P., No. 12-CV-01784, U.S. District Court, Southern District of Texas, Houston Division (Judge Atlas). Asserted patent infringement claim. Case settled.
  • Dresser-Rand Company v. Schutte & Koerting Acquisition Company, Kanaksinh Ashar, Anthony Jardine, and Does 1-5; No. 4:12-CV-184, U.S. District Court, Southern District of Texas, Houston Division (Judge Miller). Defending against claims of trade secret misappropriation, copyright infringement and numerous other claims.
  • PlanDraft, Inc. v. Providian Manor Homes, L.P., Providian Manor Homes, Inc, PMH, GP, L.L.C., Peter Wandio, Peter Estevez, The Good Sons, L.L.C., Lazy Sun I, L.L.C., Walter Galdenzi, Susan Galdenzi, And Providian “John Doe” Companies 1-10; No. 4:10-CV-03739, U.S. District Court, Southern District of Texas, Houston Division (Judge Hittner). Defended against claims of copyright infringement. Case settled.
  • Reexamination Control No. 90/004,973; Reexamination Control No. 90/005,132; Reexamination Control No. 90/005,313; Reexamination Control No. 90/005,402.  Represented Patentee. All Claims Determined Patentable and Reexamination Certificates Issued.
  • Rydex, Ltd. v. General Motors LLC, et al., 4:11-cv-00122, U.S. District Court, Southern District of Texas, Houston Division (Judge Keith P. Ellison, Judge Vanessa D. Gilmore, Judge Gray H. Miller Judge Ewing Werlein, Jr.). Defended against claims of patent infringement.
  • Rydex, Ltd. v. Mastercard, Inc. and VISA, Inc.; 4:10-cv-267, U.S. District Court, Southern District of Texas, Houston Division (Judge Lee H. Rosenthal). Defended against claims of patent infringement. Case settled.
  • Frans Nooren Afdichingssytemen B.V. and Stopaq B.V. v. Stopaq Amcorr Inc. d/b/a AMCORR Products and Services and Dolphin Sealants, LLC, 4:10-cv-3150, U.S. District Court, Southern District of Texas, Houston Division (Judge Lynn N. Hughes). Represented Stopaq B.V. and Nooren in a patent and trademark infringement action against Amcorr Products and Services and Dolphin Sealants LLC wherein the products pertain to anti-corrosion preparations which may be used on oil and gas pipelines.
  • Chevron U.S.A. Inc. v. competitor, 4:10-cv-01787, U.S. District Court, Southern District of Texas, Houston Division (Judge Lee H. Rosenthal). As lead counsel represented Chevron Corporation in obtaining a temporary restraining order against another entity preventing disclosure of trade secrets relating to a proprietary software program for interactive modeling, inversion, and interpretation of responses from various logging tools in different oil and gas formation environments.
  • O&G Searchquest v. Proctor & Gamble Company, et al., 4:10-cv-00974, U.S. District Court, Southern District of Texas, Houston Division (Judge Vanessa D. Gilmore). Defended against claims of false patent marking. Case dismissed.
  • O&G Searchquest v. Proctor & Gamble Company, et al., 4:10-cv-01164, U.S. District Court, Southern District of Texas, Houston Division, (Judge Nancy Atlas). Defended against claims of false patent marking. Case dismissed.
  • Georgia-Pacific Gypsum, LLC v. New NGC, Inc., 4:08-cv-00166-HCM, U.S. District Court, Northern District of Georgia, Rome Division (Judge Harold L. Murphy). Represented patentee in patent infringement case. Case settled.
  • Baker Hughes et al. v. PathFinder Energy Services, Inc., et al., 07-02623, U.S. District Court, Southern District of Texas, Houston Division (Judge Gilmore). As lead counsel defended PathFinder Energy Services, Inc. and three of its employees against claims including trade secret misappropriation, breach of contract, tortious interference, breach of fiduciary duty, and Computer Fraud and Abuse Act. The case settled while PathFinder's motion for summary judgment was pending.
  • Negotiated Data Solutions LLC v. Dell, Inc., 2:06-cv-528 (TJW), U.S. District Court, Eastern District of Texas, Marshall Division (Judge John T. Ward). Represented Dell Inc. in a patent infringement case brought by Negotiated Data Solutions in the Eastern District of Texas. The patents-in-suit relate to network data transmission technology.
  • Scientific Drilling International, Inc. v. PathFinder Energy Services, Inc., et al., H-06-1634, U.S. District Court, Southern District of Texas, Houston Division (Judge Hittner) after removal. As lead counsel defended PathFinder Energy Services and four of its employees against a damage claim of over $250 million for alleged misappropriation of trade secrets and confidential information, tortious interference, and breach of fiduciary duty. After winning summary judgment on a breach of contract counterclaim on behalf of the four employees, the case settled favorably.
  • Stinger Wellhead Protection, Incorporated v. Boyd’s Bit Service, Inc., et al., No. 2005CVF000224D3 in 341st District Court, Webb County, Texas (Judge Ender). As lead counsel defended Boyd's Bit Service and its employee against ten causes of action including trade secret misappropriation, defalcation, breach of contract, tortious interference, fraud, and breach of fiduciary duty. Upon taking the case over from another firm and obtaining a successful reversal of a prior "death penalty" sanction, the case was settled.
  • Minka Lighting Inc. v. Trans Globe Imports, et al.; 2:03-cv-04096, U.S. District Court, Central District of California, Western Division - Los Angeles (Judge Dale S. Fischer). Represented owner of design patents. Case settled.
  • Minka Lighting Inc. v. Trans Globe Imports, et al.; 5:03-cv-00789, U.S. District Court, Central District of California, Eastern Division - Riverside (Judge Virginia A. Phillips). Represented owner of design patents. Case settled.
  • Bel Air Lighting Inc. v. Minka Lighting Inc.; 5:03-v-00126, U.S. District Court, Central District of California, Eastern Division - Riverside (Judge Virginia A. Phillips). Represented owner of design patents.  Case settled.
  • Dyna-Drill Technologies, Inc. et al. v. Kennametal d/b/a Conforma Clad, Inc., H-03-0599, U.S. District Court, Southern District of Texas, Houston Division (Judge Ellison). As lead counsel successfully defended Dyna-Drill Technologies, Inc. against a damages claim by Kennametal of nearly $60 million for alleged trade secret misappropriation, tortious interference, and breach of contract. After a 13 day trial, the jury found Dyna-Drill owed no damages and had independently developed its tungsten carbide coatings used on radial bearings for downhole mud motors for oil and gas drilling.
  • Robert Wyne v. Medo Industries Inc.; 1:02-cv-01812-RBD, U.S. District Court, District of Maryland (Baltimore), (Judge Richard D. Bennett). Defended Medo Industries against claims of trade secret misappropriation obtaining summary judgment which was affirmed on appeal.
  • Urologix Inc. v. ProstaLund Operations AB, et al.; 02-00318, U.S. District Court, Eastern District of Wisconsin (Judge Adelman). Defended against patent infringement claims and motion for preliminary injunction. Patent invalidated on summary judgment.
  • Auto Wax Co., Inc. v. Mark VProducts, Inc.; 99-00982, U.S. District Court, Northern District of Texas (Judge Lynn). Represented patent and trademark owner and obtained large jury verdict and treble damages after a thirteen day jury trial.
  • Dow Chemical Co. v. Sumitomo Chem. Co., 257 F.3d 1364, U.S. Court of Appeals for the Federal Circuit (Before Clevenger, Rader, and Gajarsa, Circuit Judges); (Decided July 25, 2001, Corrected:  July 27, 2001) and Dow Chemical Co. v. Sumitomo Chem. Co., 96-10330, U.S. District Court, Eastern District of Michigan-Bay City (Judge Victoria A. Roberts). Represented patentee in obtaining large settlement after four successful reexaminations and appeal.

Education

BS, Indiana University, Chemistry, with honors, 1991
Areas of Practice
Articles

  • Supreme Court to Continue Undoing Rigid Tests in Patent Cases?
  • Best Practices in Oral Argument in an Inter Partes Review Hearing; Republished by IP Litigator (Wolters Kluwer)
  • Andrews Kurth Launches Specialist “Intelligent Energy Law” Initiative at Subsea Expo 2014, Andrews Kurth Middle East Newsletter
  • AK Migration: The Federal Circuit Applies Intervening Rights to Independent Claims Not Amended in Reexamination
  • AK Migration: Transitional Program for Covered Business Method Patents under the America Invents Act
  • Supreme Court Gives Deference to USPTO in Post Grant Proceedings
  • Patent-Eligible Subject Matter in Business Method Patents
  • Author’s Heir Delivers Own Knockdown Punch in “Raging Bull” Copyright Suit
  • Texas Supreme Court Holds Patent Agent Communications May Be Privileged
  • I Prevailed, Now Give Me My Attorneys’ Fees
  • AK Migration: Middle East Opportunities and Challenges in Focus at ADIPEC
  • IP Trends in the Energy Sector
  • A New Era of US Patent Law Will Begin on March 16, 2013, IP and Tech Developments
  • AK Migration: A Sharply Divided En Banc Federal Circuit Decision Limits Intervening Rights To Claims Textually Modified in Reexamination
  • The Federal Circuit Agrees to Consider En Banc Whether Intervening Rights Can Apply To Independent Claims Not Amended During Reexamination
  • Through the Rabbit-Hole: Alice Corporation Pty. Ltd. v. CLS Bank International: Supreme Court Holds “Merely Requiring Generic Computer Implementation” Cannot Transform an “Abstract Idea into a Patent-Eligible Invention”
  • Federal Trade Secrets Law Is Now a Reality, Soulier Strategic Lawyering Newsletter
  • VirtualAgility Inc. v. Salesforce.com: Federal Circuit Reverses District Court and Requires a Stay Pending a Patent Office Review of a Covered Business Method Patent
  • Federal Trade Secrets Law Is Now a Reality
  • Amended Statute Harmonizes Texas and Federal Trade Secret Protection and Litigation
  • Supreme Court Makes Landmark Rulings on Attorney Fees in Patent Cases
  • AK Migration: Towards the Goal of Affordable Energy
  • The Federal Circuit’s Recent Reexamination Rulings, IP and Technology Developments
  • New Statute Modernizes Trade Secret Protection and Litigation in Texas, The Houston Lawyer
  • Patent Trends (or Lack thereof) in Green Energy Technology, IP and Technology Developments - Special Edition, BIO Conference
  • The New “Willful Blindness” Standard for Inducing Patent Infringement, IP and Technology Developments
  • Focused Strategies for Successful Cost-Effective Patent Litigation
  • Winning The Battle But Losing The War? - New Considerations For File Wrapper Estoppel

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