Legal Team

China Practices

Practice Areas

Contact

1201 15th Street, NW, 2nd Floor
Washington, D.C., D.C. 20005

Office: +1 (202) 704-5860
Fax: +1 (202) 659-2697
kgodlewski@htflawyers.com

Bio

Ken Godlewski is a Partner in HTFL’s Washington, DC office in the litigation group.  He has extensive experience in patent and intellectual property litigation and counseling with an emphasis on mechanical, financial services, insurance and the gaming industry.

After serving as the first law clerk to Judge Paul Matia on the U.S.

District Court for the Northern District of Ohio, Mr. Godlewski’s litigation practice has focused on patent litigation and patent counseling. He has represented clients in a variety of patent litigation cases, including the involvement of famous golfers, Oscar® winners, and the overhead Skycam® used in sporting events. He has successfully tried patent cases to verdict and before the bench in numerous jurisdictions throughout the United States since 1994 acting as trial counsel in a three-week trial involving progressive jackpots and Caribbean Stud Poker® in the District of Colorado, multi-week jury patent jury trial involving maintenance of military composite aircraft in the Northern District of Ohio, representing a major medical device company in a patent infringement suits, and trials in the Western District of Tennessee and Eastern District of Pennsylvania,  as well as patent  trials related to consumer products, textile manufacturing, aerosol propellants, and telecom/video technology.

Mr. Godlewski has counseled numerous companies in the development of sophisticated patent and trademark portfolios, including major Federal defense contractors. He has also been a registered lobbyist before the Federal government advocating on behalf of intellectual property interests.  He is currently also serving as general counsel for Stone Lock Global involved with facial recognition security technology.

Previously, Mr. Godlewski has been a partner in several AmLaw 100 general practice firms and an IP boutique.  He is a past Master in the Giles S. Rich Inn of Court, located at the U.S. Court of Appeals for the Federal Circuit in Washington, DC.  He is a member of the Ohio and District of Columbia bar and has practiced before a wide variety of United States District Courts and regional United States Courts of Appeals through the country.

Education

Ohio State University, J.D.

College of Wooster, B.S.

Memberships

American Bar Association

American Inns of Court

American Intellectual Property Law Association

Former Instructor of intellectual property law, University of Akron

Representative Case List

Financial Services

  • Counsel on behalf of Capital One in several matters involving consumer side financial transaction patents. Intellectual Ventures v. Capital One 1:13-CV-00740-AJT-TCB (E.D. VA)(customized web content, online bill payment, credit card security code patents); Media Rights Technology v. Capital One 1:13-CV-00476 AJT-TRJ (E.D. VA)(digital rights management patents).
  • Counsel in multiple RAKTL/Katz call center litigations and successful PTO reexaminations on behalf of Citi, Comerica, SunTrust, PNC, Providian, TD Ameritrade, AMTRAK, Bank of America, MBNA, Amsouth, Colonial Bank, Cox and EarthLink. See e.g., In Re Katz Interactive Call Processing Patent Litigation 07ML01816 (C.D. of CA). Ronald. A. Katz Technology Licensing, v. EarthLink, Inc. 9:06CV00193 (E.D. TX).
  • Ronald. A. Katz Technology Licensing, LP v. Cox Inc. et al, 9:06CV00191 (E.D. of TX) PTO Reexaminations see for e.g., Appeal 2008-005127, Reexam Control 90/006,978, 90/007,074 (BPAI 2010).
  • Counsel on behalf of multiple national banks, including Comerica, Wachovia, BB&T and M&T Bank, in two patent infringement suits in the Eastern District of Texas. The six patents at issue involve electronic check payment and check clearing systems with potential damages in excess of $1 billion. DataTreasury Corp. v. Wachovia Corp. et al., No.2:05-cv-00293 (E.D. TX) DataTreasury Corp. v. Wells Fargo & Co. et al., No. 2:06-cv-00072 (E.D. TX)
  • Served as counsel on behalf of Citibank in a multi-defendant patent infringement suit brought in the District of Arizona relating to credit card business methods. Net MoneyIN, Inc. v. VeriSign, Inc., et al., Case No. CIV 01-441 TUC RCC (D. Arizona)
  • Counsel for Citibank against LPL Licensing/Phoenix Licensing related to customized credit card offers in pre-litigation and reexamination. Various jurisdictions and successful PTO reexamination

Telecom/Networking/Software

  • Lead trial counsel on behalf of Taltwell against Zonet USA involving patents relating to credit card sized PCMCIA modems resulting in favorable Markman construction and summary judgment in Eastern District of Virginia before Judge Payne. Taltwell, LLC. v. Zonet USA Corp., No. 07-00543.
  • Lead defense trial counsel for Evolution Benefits related to flexible spending account automation patents in Eastern District of Texas resulting in favorable settlement after invalidity contentions. Alexsam, Inc. v. Evolution Benefits, et al., No. 2:07CV-00288 (E.D. of TX).
  • Counsel for i-Deal in patent infringement action in Western District of Pennsylvania in action brought by Muniauction against Thomson (who indemnified my client) related to online bond trading resulting in reversal on divided infringement issue on appeal before Federal Circuit. Muniauction v, Thomson Corporation and I-Deal, LLC, Defendants-Appellants., No. 2007-1485 (CAFC 2008).
  • Lead trial counsel for overhead Skycam® system invented by Academy Award® cameraman against alleged infringers before Super Bowl. CF Inflight, LTD v. Cablecam Systems 03-CV-5374 (E.D. of PA).
  • Lead trial counsel for Frontline Data in various patent suits related to on-line placement services such as E-Schools, CRS, Substitute On-Line resulting in favorable settlements. See e.g., Frontline Data, Inc. v. Substitute Personnel Solutions, Inc., 2:04-cv-00568-EL (E.D. of PA). Frontline Data, Inc. v. Computer Software Inc., 4:04-cv-00066-FRZ-JJM, District of Arizona); Frontline Data, Inc. v. CRS, Inc., 2:04-cv-00570-ER (E.D. of PA); Frontline Data, Inc. v. E-Schools, Inc., 2:04-cv-00569-MMB (E.D. of PA).
  • Counsel for Roamware in patent opposition involving call routing in EU. Star Home GmbH v. Olswang CoSec Limited (Roamware EU counsel), Telefonaktiebolaget LM Ericsson, Case No. 00 311 576.3).

Sporting Goods/Consumer Products

  • Lead trial counsel for Academy Award®-winning inventor/cinematographer related to SkyCam® patent used by ESPN/ABC resulting in favorable settlement after preliminary injunction hearing prior to Super Bowl.
  • Lead plaintiff trial counsel for Tristar, Brainy Ideas, and Products of Tomorrow in various patent cases, Markman hearings and trials related to Hook ‘n Hang®, Abslide®, 50 State Quarter Coin Map, Salad Spinner, Egg Wave® and other infomercial products.
  • Lead counsel for Wilson Sporting Goods and John Daly in a patent infringement dispute involving Medicus® hinged gold club training device resulting in dismissal of golfer and judgment for the manufacturer. Actively involved in additional golfing enforcement litigation.

Medical Devices/Pharma

  • Trial counsel for Smith & Nephew in several cases against Howmedica asserting total knee replacement and femoral nail patents. After intensive litigation in two courts, including Markman hearings and bench trial, the parties settled with a cross licensing arrangement favorable to our client prior to issuance of findings of fact and conclusions of law.
  • Trial counsel for Smith & Nephew in a patent infringement suit against Synthes in the Western District of Tennessee and Eastern District of Pennsylvania as well as PTO reexamination. After a three-month bench trial in Western District of Tennessee. The court entered a permanent injunction enjoining Synthes from continuing to sell infringing bone repair devices in one of the first patent permanent injunctions entered after the Supreme Court’s eBay opinion. Smith & Nephew v. Synthes, No. 02-2873 (W.D. TN)(CAFC Appeal 2009); Synthes U.S.A. v. Smith & Nephew, 03-CCV-0084 (E.D. PA)(PTO Reexamination).
  • Counsel for Biotec Pharmaceutical in 14 patent dispute related to clinical trials for Soluble Beta Glucans related to cancer treatment. Court granted summary judgment of noninfringement on 12 of 14 patents in 2009 resulting in cross license settlement. Biopolymer Eng'g, Inc. v. Immunocorp, et al., No. 05-00536 (D. MN).
  • Counsel to SAIC in patent dispute with Rapiscan related to biosensing.
  • Counsel to SAIC in patent litigation involving HIV drug treatment against solo inventor with NIH as co-defendant. Representation of start-up pharma company related to liver disease treatment.
  • Counsel for Transtech Pharma in dispute in District of Columbia. Transtech Pharma, Inc. v. David J. Kappos, 1:2009cv 02305 (D. DC).
  • Counsel to Forest Labs regarding brand strategies for pharma program.

Gaming Industry

  • Acted as lead trial counsel for gaming equipment company DEQ in three week patent trial in District of Colorado related to Caribbean Stud Poker® resulting in extremely favorable settlement and cross-license with Mikohn.
  • Acted as counsel for gaming manufacturers and various Native American tribes related to patent disputes involving casino table games and slots.

Chemical/Mechanical

  • Lead trial counsel in Markman hearing/bench trial regarding patent infringement on carpet technology and claim construction. Established patent cease and desist letters as the basis for personal jurisdiction in patent declaratory judgment actions.
  • Defense lead trial counsel for U.S. Technology, Inc. in patent jury trial resulting in defense verdict invalidating patent licensed by DuPont related to military and commercial stripping of composite surfaces found on F-14 and F-18 jet aircraft.
  • Defense lead trial counsel for defendant Akron Polymer in patent bench trial involving non-aerosol technology resulting in favorable decision. First Federal Circuit case to find that commonly owned co-pending patent applications were material for purposes for inequitable conduct.