Linda J. Thayer
Linda Thayer focuses her practice on patent litigation and administrative trial procedures before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) to request review of the patentability of issued patents outside of litigation, including post-grant review (PGR), inter partes review (IPR), and review of covered business method (CBM) patents. She serves as lead counsel in patent litigations, interferences, and PTAB proceedings. Ms. Thayer 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, encryption, 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 cryptography and cybersecurity.
Ms. Thayer regularly engages in pro bono representation of veterans before the U.S. Court of Appeals for Veterans Claims and the Federal Circuit. She also represents domestic abuse victims for the Family Law Project of the Women's Bar Foundation.
- Harmonix Music Systems, Inc. v. Princeton Digital Image Corp. (PTAB). Represented petitioner and video game maker Harmonix in an IPR. The final written decision found four patent claims unpatentable on two separate 35 U.S.C. § 102 grounds. Successfully petitioned for a stay in the underlying D. Delaware litigation.
- Unified Patents Inc. v. Custom Media LLC and Unified Patents Inc. v. MLC Intellectual Property LLC (PTAB). Representing UPI in two IPR proceedings relating to content delivery and cloud storage.
- Princeton Digital v. Harmonix (D. Del., PTAB). Representing Harmonix and Electronic Arts against claims of infringement of a patent relating to controlling a virtual game environment, including acting as lead counsel in two IPR proceedings involving the same patent.
- 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 for Harmonix an 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 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 Technologies v. Macrovision (N.D. Cal.). Lead counsel for Intertrust in two patent interferences and the subsequent appeal to N.D. California involving patents and applications relating to digital rights management. Obtained several successful judgments before the 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 N.D. California, W.D. Tennessee, and the D. 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.
- Recognized as a leading patent prosecutor in Massachusetts, 2013-2014; and as a leading patent litigator by Intellectual Asset Management, 2015.
- 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
- Regular contributor to Finnegan's AIA blog on PTAB trials and AIA provisions.
- Coauthor. "Security and Privacy: Storing Trade Secrets in the Cloud—Bad Idea?" Cloud Computing Journal, Dec. 4, 2015.
- Coauthor. "Stay Awhile: The Evolving Law of District Court Stays in Light of Inter Partes Review, Post-Grant Review, and Covered Business Method Post-Grant Review," Buffalo Intellectual Property Law Review, Dec. 4, 2015.
- Coauthor. "How to Fast Track Patents in the United States and Globally," The Robotics Law Journal, Nov./Dec. 2015.
- Coauthor. "A Comparison of the Patentability of Software in the United States and Europe," Computer Law Review International, June 15, 2015.
- Coauthor. "Combating Patent Litigation: The Dark Cloud Over Cloud Computing," Cloud Computing Journal, June 4, 2015.
- Coauthor. "Letting the Sun Shine: Getting IP Rights Despite Challenges," Cloud Computing Journal, April 10, 2015.
- Coauthor. "Patent Eligibility of Software in the Wake of the Alice Corp. v. CLS Bank Decision," Robotics Business Review, Aug. 14, 2014.