Linda J. Thayer
Linda Thayer focuses her practice on patent litigation and administrative trial procedures to request review of the patentability of issued patents outside of litigation, such as post-grant review, inter partes review, and the transitional program for review of covered business method (CBM) patents. Ms. Thayer has litigation experience in federal and state courts, serving as lead counsel in patent litigations and interferences. She conducts due diligence investigations in connection with investments and mergers and acquisitions, and advises clients on worldwide patent portfolio development, management, licensing, and sales.
Ms. Thayer’s technical experience includes computer hardware and software, ERP and cloud-based systems, computer security, watermarking, digital signatures, SSL, ePayments and mobile transactions, smart cards, wireless communication devices and systems, digital video, video games, MPEG, data compression and storage, digital rights management (DRM), signals analysis, display devices, voice recognition, and robotics. From her prior industry experience, she is uniquely qualified in the areas of encryption and cryptography.
- Princeton Digital v. Harmonix (D. Del.). Representing Harmonix and Electronic Arts against claims of infringement of a patent relating to controlling a virtual game environment.
- McRo (Planet Blue) v. Harmonix (D. Del.). Defending Harmonix against claims of infringement relating to digital animation of lip synchronization and facial expression.
- AI Automation v. Harmonix (E.D. Tex.). Successfully achieved early resolution of patent infringement lawsuit.
- RPost Holdings, Inc. v. Swiss Post (C.D. Cal.). Defended Swiss Post against claims of infringement by RPost regarding digital authentication patents.
- Brooks Automation v. Telemark-TFI (N.D. Cal.). Represented Brooks Automation in asserting patents related to cryogenic refrigeration against Telemark-RFI, and successfully negotiating an early conclusion to the litigation that resulted in a license.
- Continental Equipment Co. v. Consolidated Sterilizer (D. Kan.). Defended Consolidated Sterilizer against claims of patent infringement involving steam sterilizer water-saving systems.
- Intertrust v. Macrovision (N.D. Cal.). Lead counsel for Intertrust Technologies in two patent interferences and the subsequent appeal to the Northern District of California involving patents and applications relating to digital rights management. Obtained several successful judgments before Board of Patent Appeals and Interferences in favor of Intertrust, including a finding of inequitable conduct by opponent, resulting in favorable resolution.
- Defended Financial Fusion, Inc. and FedEx Corporate Services against claims of infringement by Ablaise, Inc. relating to online banking software and Internet website technology in patent infringement actions filed in the Northern District of California, Western District of Tennessee, and the District of Columbia.
- Integrated Cir. Sys. v. Winbond Electronics and Silicon Storage Technology, Inc. v. Winbond Electronics (N.D. Cal.). Represented Winbond Electronics in multiple patent litigations involving semiconductor chip technologies and products, such as non-volatile flash and EPROM memory.
- Regularly engages in pro bono representation of veterans before the U.S. Court of Appeals for Veterans Claims and the Federal Circuit. Also represents domestic abuse victims for the Family Law Project of the Women’s Bar Foundation.
- Recognized as a leading patent prosecutor in Massachusetts by Intellectual Asset Management, 2013-2014.
- American Intellectual Property Law Association
- Boston Patent Law Association
- Silicon Valley Intellectual Property Law Association
- Federal Circuit Bar Association
- Licensing Executives Society
- ChIPs—Advancing Women in IP
- Coauthor. "Patent Eligibility of Software in the Wake of the Alice Corp. v. CLS Bank Decision," Robotics Business Review, August 14, 2014.
- Coauthor. "Design-Patent Protection for Modern Robotics Companies: What to Do When the Face of Your Robot Becomes the "Face" of Your Company," Robotics Business Review, July 1, 2014.
- Coauthor. "Will Supreme Court Rein in Software Patents?" Robotics Business Review, March 4, 2014.
- Coauthor. "What to Expect from the High Court in Software Patent Case," Law360, Dec. 10, 2013.
- Coauthor. "CLS Bank Further Muddies the Murky Waters of Patent Eligible Subject Matter," CIPA Journal, June 2013.
- "When Is a 'Freedom to Operate' Opinion Cost-Effective?" Today's General Counsel, Feb./March 2013.
- Coauthor. "How Will Patent Reform Affect the Software and Internet Industries?" The Computer & Internet Lawyer, Dec. 2011.
- Coauthor. "Be Competitive: Patent Planning for Robotics Companies," Robot Magazine, July/August 2011.
- Coauthor. "Reiffin v. Microsoft: The Rise and Fall of the So-Called Omitted Elements Test," IP Litigator, Sept./Oct. 2000.