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Morrison Foerster Successfully Resolves Multi-Patent Litigation against Autodesk Subsidiary Innovyze

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Morrison Foerster successfully resolved a multi-patent litigation filed by TaKaDu against Innovyze, an innovator and market leader in developing software solutions for the water industry. After two years of litigation, TaKaDu agreed to dismiss its claims with prejudice in exchange for Innovyze’s agreement not to file a Rule 11 motion or seek attorneys’ fees and costs.

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Morrison Foerster successfully resolved a multi-patent litigation filed by TaKaDu against Innovyze, an innovator and market leader in developing software solutions for the water industry. After two years of litigation, TaKaDu agreed to dismiss its claims with prejudice in exchange for Innovyze’s agreement not to file a Rule 11 motion or seek attorneys’ fees and costs.On February 24, 2021, Autodesk announced its $1 billion acquisition of Innovyze. The next day, TaKaDu filed a lawsuit against Innovyze in the United States District Court for the District of Delaware. TaKaDu alleged that Innovyze’s sale of various hydraulic modeling and water network monitoring software infringed four TaKaDu patents. TaKaDu dropped one of the patents before claim construction proceedings, and Innovyze obtained favorable claim construction rulings on the remaining patents. Innovyze continued to make a strong non-infringement record and presented unrefuted evidence that the accused features were developed and released by Innovyze before TaKaDu’s alleged inventions. On July 24, 2023, TaKaDu agreed to a stipulated dismissal with prejudice in exchange for Innovyze agreeing not to file a Rule 11 motion or seek attorneys’ fees or costs. The case is TaKaDu Ltd. v. Innovyze, Inc., C.A. No. 21-291-RGA (D. Del. Feb. 25, 2021).The MoFo team included Michael Jacobs, Kyle Mooney, Kyle Friedland, Michael DeStefano, Tony Kwok, Shaun deLacy, Nishi Tavernier, and Michael Curtis.

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Kyle Mooney is a partner in the firm’s Intellectual Property Group, focusing on patent litigation and other intellectual property disputes, including trade secrets, copyright, and trademark disputes.Kyle represents clients in a wide variety of fields, including communications, networking, electronic trading, fiber optic components, semiconductors, LEDs, optical storage and scanning, display technologies, digital cameras, software, automotive components, and medical devices. He has litigated significant IP disputes between direct competitors, as well as patent infringement actions brought by non-practicing entities. Kyle’s IP practice has included jury trials, bench trials, ITC proceedings, PTAB proceedings, and mediations.Kyle also has substantial pro bono experience, including arguments before the Court of Appeals for the Second Circuit and New York Appellate Division in habeas and criminal appeals, and a bench trial in the Southern District of New York in a case involving the Religious Land Use and Institutionalized Persons Act.Kyle received his J.D. from New York University School of Law, where he was a staff editor for the Environmental Law Journal.

Kyle W.K. Mooney

Partner

Kyle Friedland is an associate in the Intellectual Property Litigation Group in the firm’s New York Office. Kyle focuses his practice on intellectual property matters, including patent, trade secret, and trademark disputes.Kyle received his J.D. from New York University School of Law and his B.S. in mechanical engineering from Virginia Tech. While attending law school, he was an Executive Editor for the New York University Law Review, interned for the Honorable Jack M. Sabatino, N.J. Superior Court, Appellate Division, and externed at the Civil Division of the U.S. Attorney’s Office for the Southern District of New York.

Kyle Friedland

Associate

Michael is an associate in the firm’s Intellectual Property Group in the Miami office. He focuses his practice on patent litigation and other complex intellectual property disputes, including trade secrets, copyrights, and trademarks, in federal courts and before the U.S. International Trade Commission (ITC).Michael has represented clients in intellectual property matters involving a broad range of technologies, including semiconductors, consumer electronics, fiber optics, and biotechnology. Michael has experience in all stages of litigation, including discovery, depositions, motion practice, summary judgment, jury and bench trials, and post-trial briefing.Michael received his J.D. cum laude from New York University School of Law and his B.A. magna cum laude with honors in classics from New York University. While attending law school, he was a senior editor for the Journal of Intellectual Property and Entertainment Law. Michael was a judicial intern for the Hon. Judge Paul G. Gardephe of the Southern District of New York.

Michael DeStefano

Tony Kwok uses his experience as an electrical engineer at Qualcomm and Northrop Grumman for nearly a decade and as a prolific inventor of more than 30 patent publications to assist clients with their patent needs.Mr. Kwok’s experience includes patent prosecution in areas of electronic devices, semiconductor materials and fabrication, user interface technologies, microelectromechanical systems (MEMs), electronic packaging, augmented and virtual reality systems, autonomous vehicles, mechanical systems, light-emitting diodes, and thermal imaging sensors, patent portfolio management and counseling for startup clients, IP due diligence in areas of biomedical devices, health systems and antenna systems, freedom-to-operate analyses in areas of autonomous vehicles and LiDAR technology, and litigation support in areas of health systems and design automation software. Additionally, Mr. Kwok has rich technical experience in memory and integrated circuit design.Prior to joining Morrison & Foerster, Mr. Kwok was a senior hardware designer at Qualcomm, where he designed and oversaw memories embedded in Qualcomm products, including the Snapdragon processors and modems. While at Qualcomm, he was an inventor in more than 30 patents and patent publications in the area of VLSI design. As a hardware designer, he has experience in analog and digital circuit designs, characterization, design automation software, electromigration (EM) and IR reliability, functional and formal verification, layout mask design, noise analysis, planar and 3D (finFET) silicon processes from 28nm down to 7nm processes, silicon debug, timing analysis, and yield analysis. Mr. Kwok also has experience in the aerospace industry from when he was an electromagnetics engineer at Northrop Grumman and a systems engineer at Lockheed Martin Space Systems.Mr. Kwok received his B.S., summa cum laude, and M.S. in electrical engineering from the University of California, Los Angeles. Mr. Kwok is fluent in Cantonese and Mandarin and can read and write in Chinese.

Tony Kwok

Sr Patent Agent

Nishi Tavernier is an associate in the Intellectual Property Litigation Group in the firm’s New York office. She focuses her practice on patent litigation and other complex intellectual property disputes, including trade secret and trademark matters. She has also worked on patent office action responses and inter partes review petitions. Prior to joining the firm, Nishi worked as a digital senior analyst at Accenture supporting data integrity maintenance during system migrations and testing.Nishi received her J.D. from the University of Pennsylvania Law School, where she served as the production editor of the Journal of Constitutional Law, president of Penn Law Lambda, and vice president of the Black Law Student Association. She holds an M.S. in aerospace engineering and a B.S. in mechanical engineering from Washington University in St. Louis.Nishi is registered to practice before the USPTO.

Nishi A Tavernier

Litigation

Patent Litigation