Intellectual Property Dispute

• When technology changes quickly, companies sometimes find themselves fighting over small things that have a big impact. In 2006, Forgent Networks found itself in a battle with DVR makers over whether or not their DVR’s infringed on a patent held by Forgent. In a press release, Forgent’s Chairman and CEO announced it was hiring Fred Hagans, as lead counsel, along with a large national law firm: “We believe that the ‘746 Patent is valid and enforceable. The hiring of this new team with deep litigation and licensing experience is evidence of that commitment.” Through their hard work, HMH was able to settle approximately $28 million worth of claims against DirecTV Group Inc., Comcast Corp., Charter Communications Inc., Motorola Inc., CableOne, Cox Communications Inc., Digeo Inc., Scientific Atlanta, and Time Warner Cable Inc.
• During a hearing, where HMH client Crystaphase Products was suing Shell for patent infringement, Shell’s attorney stated that Shell could not have violated Crystaphase’s patents because Shell was not delivering the Crystaphase Medallion to its customers; it was sending a different medallion than what appeared in its advertising. HMH quickly pivoted to allege false and deceptive advertising under the Lanham Act. Fred Hagans, Stephanie Taylor, Richard Eiszner, Carl Kulhanek, Jr., and Bernard Lo tried the case to a Federal Judge entirely over Zoom. After 10 weeks of trial the parties reached a confidential settlement.