Robert E. Aycock
Robert is a member of the firm’s litigation group, practicing intellectual property law and related transactional areas. He works with clients in many different fields, giving him experience in fields as diverse as communication networks and recreational equipment.
Litigation across areas
Robert is a member of the firm’s litigation group. His practice includes patent, trademark, and copyright infringement actions, and trade secrets, false advertising, and unfair competition cases. He also works on transactional matters such as the preparation of opinions regarding the validity, infringement, unenforceability, and patentability.
Technology representation
Robert’s representation of the firm’s clients has brought him into contact with a variety of technologies including sports and recreational equipment, exercise equipment, kitchen appliances, communication networks, and blow-molded plastics.
Law school and experience.
During law school, Robert was awarded the Dewsnup Fellowship which included a clerkship with the Utah Attorney General’s Office in the Natural Resources Division. Prior to law school, he worked for Utah State University as a biologist.
Education
University of Utah College of Law / J.D., 2000
Utah State University / B.S. Biology, cum laude, 1996
Accolades
Inclusion in The Best Lawyers of America for Litigation – Intellectual Property, 2016-2021
Inclusion in Mountain States Super Lawyers for Intellectual Property Litigation, 2021
Case Experience.
Patent Litigation
Robert and his partner led the litigation team that successfully won a hard-fought jury verdict before the Hon. Judge Guilford in the Central District of California after three years of patent litigation against a leading international supplier of Keyboard Video and Mouse switches (“KVM”). ATEN TECHNOLOGY, CO. LTD. v. UNICLASS TECHNOLOGY CO., LTD., et al., Case No. 2:15-cv-04424-AJG-AJW (C.D. Cali. 2017). In representing the Defendants, Robert’s team obtained a jury verdict of non-infringement on all counts, and a finding of invalidity on two of ATEN’s patents.
Litigation Parties
The plaintiff ATEN is a Taiwanese-based manufacturer and supplier of branded and OEM computer electronics, including KVM switches, with reported earnings in excess of $160,000,000 US and more than 500 patents and patent applications. Robert represented the Defendants Uniclass Technology Co., Ltd.; Electronic Technology Co., Ltd of Dongguan Uniclass, Airlink 101, Phoebe Micro Inc., Broadtech International Co., Ltd. D/B/A Linkskey, Black Box Corporation, and Black Box Corporation of Pennsylvania. The principal Defendant Uniclass Technology is located in Taiwan and China and is a manufacturer and supplier of OEM KVM switches.
The ATEN Lawsuit
During the course of the litigation, ATEN sued the Defendants on 6 patents, 72 claims, and over 125 different types of accused products representing thousands of sales of KVM switches in the United States. ATEN was represented by notable IP law firms including Fish & Richardson, Finnegan Henderson, Holland and Knight, Farney Daniels, Orrik, and Mei & Mark. ATEN originally sued the Defendants in the Eastern District of Texas, and the case was successfully transferred to the Central District of California.
The Results
The briefing and hearing on claim construction was extensive, involving over a dozen claim terms. After claim construction and further briefing, ATEN voluntarily dismissed 2 patents. Of the 4 remaining patents, more than half of the claims were reduced before trial through successful dispositive and pretrial motions. The team won summary judgment on non-infringement of key claims as well as lost profits, lowering potential liability by more than 2/3rds.
This multinational jury trial, including translators and experts from around the world will continue to be a hallmark career victory.