Elliot C. Cook
Elliot Cook maintains a diverse intellectual property practice, including patent litigation, post-grant patent challenges, patent prosecution, and patent monetization.
Mr. Cook focuses on helping clients strategically develop patent portfolios that effectively block competitors and build corporate value. He works closely with clients to ensure that their patents align with and advance their business goals, thereby optimizing value and minimizing cost.
Based on his involvement in more than 20 patent litigations, Mr. Cook has significant experience both defending against and asserting patent rights. His litigation experience ranges from early dispositive motions through trying a case before a jury, including both written and oral advocacy.
Mr. Cook's practice before the U.S. Patent and Trademark Office (USPTO) includes post-grant proceedings and patent prosecution. He has worked on more than 40 inter partes review (IPR) matters, representing both petitioners and patent owners, as well as several ex parte and inter partes reexamination matters. He maintains an active patent prosecution practice, securing patent rights for both startups and established market leaders. Mr. Cook has assisted clients with patent licensing, patent monetization strategy, and patent sales and purchases ranging in value from approximately $20 million to more than $1 billion.
- Assisted AOL in achieving a $1.056 billion patent deal with Microsoft, advising with respect to strategic planning, negotiations, and closing; member of Finnegan prosecution team that worked closely with AOL to strategically build and strengthen patent portfolio in furtherance of monetization goals.
- Represented petitioner in IPR, securing institution of trial based on all 20 claims of challenged patent and final written decision finding all 20 claims unpatentable.
- Apple Inc. v. VirnetX, Inc. (PTAB). Represented patent owner in obtaining non-institution decisions from Patent Trial and Appeal Board (PTAB) in seven IPRs.
- RPX Corp. v. VirnetX, Inc. (PTAB). Represented patent owner in seven IPRs that PTAB declined to institute based on discovery obtained by patent owner.
- Microsoft Corp. v. VirnetX, Inc. (PTAB). Represented patent owner in obtaining non-institution decisions from PTAB in seven IPRs.
- Trover Group, Inc. v. Axis Communications, Inc. (E.D. Tex.). Represented Axis in defense of patent suit relating to network video technologies.
- Content Delivery Solutions, LLC v. CDNetworks, Inc. (W.D. Tex.). Represented AOL in defense of patent suit relating to Internet-based content delivery systems.
- Voice Domain Technologies, LLC v. Phillips Electronics North America, Inc. (W.D. Okla). Represented Phillips in defense of patent suit relating to personal voice recorder technology.
- Rolls-Royce, PLC v. United Technologies Corp. (E.D. Va.). Represented UTC in patent suit related to swept fan blades for gas turbine engines.
- Netscape Communications Corp. v. ValueClick, Inc. (E.D. Va.). Represented Netscape in patent suit related to HTTP cookies technology.
- American Intellectual Property Law Association
- Federal Circuit Bar Association
- Virginia State Bar (Intellectual Property Law Section and Antitrust, Franchise and Trade Regulation Section)
- Regular contributor to Full Disclosure, the firm's patent prosecution newsletter; and Finnegan's AIA blog on PTAB trials and AIA provisions.
- "Patents Are Business Tools for CyberTech Companies, Not Trophies," Haaretz Cyber, June 2016.
- Coauthor. "Trends for FinTech Patents at the PTAB," Law360, Feb. 12, 2016.
- Coauthor. "Protecting Your Innovations: Patent Pitfalls to Profits," MIT Venture Capital & Innovation Conference Blog, Nov. 27, 2015.
- Coauthor. "Section 101 Metrics: Post-Alice District Court Rulings on Section 101 Motions," IP Litigator, Sept./Oct. 2015.
- Coauthor. "U.S. Software Patents – Obtainable, Enforceable, and as Important as Ever," Managing Intellectual Property, June 2015.
- Section editor. Advanced Technology Patent Report 2015, April 2015.
- Coauthor. "10 Ways to Avoid or Limit Institution in an AIA Proceeding," Law360, Nov. 24, 2014.
- Coauthor. "3 Big Patent Moves That Won't Generate Real Value," Entrepreneur.com, Nov. 13, 2014.
- Coauthor. "Innovation in Audio: Update on Patent Activity in the Audio Field," Audio Engineering Society, May 3, 2013.
- Coauthor. "Divine Intervention: Intervening Rights Based on Post-Grant Examination, Before and After the Leahy-Smith America Invents Act (AIA)," CIPA Journal, June 2012.