Appellate

The Depot, Inc. v. Caring for Montanans, Inc.
Mr. Halpern won reversal of order dismissing ERISA and state-law class action relating to hidden surcharges improperly added to health insurance premiums.

Luminara Worldwide, LLC v. Liown Elecs Co.
Mr. Halpern won reversal of preliminary injunction in patent case relating to artificial candles, injunction vacated one day after oral argument with opinion to follow. Federal Circuit found a substantial question of validity.

Fuzzysharp Techs. v. Intel Corp.
Mr. Halpern won summary affirmance for Intel of judgment that patent on computer graphics processing methods was invalid for lack of eligible subject matter.

TriStrata, Inc. v. Microsoft Corp.
Mr. Halpern won affirmance for Microsoft of patent claim construction on which stipulated judgment of noninfringement rested (patents on digital rights management technology).

Flashpoint Tech. v. ITC
Mr. Halpern won summary affirmance for HTC Corp. of non-infringement and implied license (patents relate to digital imaging technology).

Philips v. Princo/Princo v. U.S. International Trade Commission
Mr. Halpern was extensively involved in Philips/Princo litigation relating to CDR/RW discs, including summary judgment and other dispositive motions at trial level, and in briefing Federal Circuit appeal in ITC matter and successful Federal Circuit mandamus petition in S.D.N.Y. matter, panel briefing and briefing on rehearing en banc, and petition for certiorari. The Federal Circuit not only stayed the S.D.N.Y. case, as Mr. Halpern requested, but vacated nine months of substantive district court orders, most of them adverse to his client, back to the date he originally sought the stay.

Nvidia v. U.S. International Trade Commission/Rambus
Mr. Halpern authored, in first instance, majority of appellant Nvidia’s opening brief in pending appeal (and edited remainder) from adverse determination in ITC proceeding relating to alleged infringement of patents on dynamic random-access memory (DRAM) controllers.

Tessera v. U.S. International Trade Commission/Acer, Nanya, & Powerchip
Mr. Halpern authored, in first instance, significant portions of appellees’ opening brief on appeal in Tessera’s pending appeal from determination of non-infringement in ITC proceeding relating to semiconductor chip packages.