Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.

Kirkland defended Kapsch, the supplier to the E-ZPass® tolling network, against claims that its competitor Neology held patent rights covering an RFID communication standard, ISO 18000-6C. Unable to dispute that Kapsch used the standard and facing a potential ITC exclusion order, we set out to prove that Neology's patents were invalid. Although technically a failure to satisfy the patent law's “written description” requirement, our trial theme was that Neology had monitored others' standard-setting efforts and then opportunistically amended unrelated patent applications to claim ownership of a standard that Neology didn't actually invent. The judge agreed in June 2017, finding Neology's patents invalid and allowing Kapsch to continue selling tolling products nationwide.