Jarrad M. Gunther practices in the area of intellectual property law with a focus on patent litigation and U.S. Patent Trial and Appeal Board proceedings, including inter partes review (IPR) and covered business method patent review (CBM) proceedings.
Mr. Gunther also counsels clients on validity and infringement issues and prosecutes and secures patents. Mr. Gunther has drafted and filed over 150 patent applications in many areas of technology, including medical devices, computer software, integrated circuit devices and fabrication methods, computer software memory architecture and semiconductor memory devices.
Mr. Gunther also has experience in patent licensing and transactional matters, including structuring, negotiating and drafting agreements.
Admitted to practice in Pennsylvania and New Jersey and before the U.S. Patent and Trademark Office, Mr. Gunther is a 2007 graduate of Franklin Pierce Law Center and a graduate of Bucknell University (B.S., Electrical Engineering; B.A., East Asian Studies/Japanese).
Obtained summary judgment of noninfringement in the District of Delaware for Defendants CenturyTel Broadband Services, LLC and Qwest Corporation (now Lumen Technologies, Inc. and formerly CenturyLink, Inc.) in a patent litigation related to Defendants’ ADSL systems.
- Obtained a dismissal with prejudice of all asserted claims in a patent infringement case in the U.S. District Court for the Eastern District of Texas on behalf of Epsilon Data Management, LLC on the basis that all asserted claims had been invalidated.
- Finjan, Inc. v. Cisco Systems, Inc., (N.D. Cal. 2017) – Representing Cisco in patent infringement suit concerning computer security.
- Nuance Communications, Inc. v. MModal LLC, (D. Del. 2017) – Representing MModal in patent infringement suit concerning speech recognition and transcription technologies.
- Finjan, Inc. v. SonicWall, Inc., (N.D. Cal. 2017) – Representing SonicWall in patent infringement suit concerning computer security.
- AngleFix Tech, LLC v. Wright Medical Technology, Inc. (W.D. Tenn. 2013): Represented Wright Medical in litigation alleging infringement of a patent entitled "Multi-angular Fastening Apparatus and Method for Surgical Bone Screw/Plate Systems." Case was dismissed after favorable claim construction and summary judgment orders.
- Spineology, Inc. v. Wright Medical Technology, Inc. (D. Minn. 2015) – Representing Wright Medical in patent infringement suit concerning expandable reamer. Obtained favorable claim construction ruling invalidating most of the asserted claims and non-infringement for the remaining claims.
- Vir2us, Inc. v. Cisco Systems, Inc. (E.D. Tex. & N.D. Cal. 2016) – Represented Cisco in patent infringement suit concerning computer security and obtained favorable settlement.
- SSL Services, LLC v. Cisco Systems, Inc. (E.D. Tex. 2015) – Representing Cisco in patent infringement suit concerning VPN technology.
- Parallel Networks, LLC v. Cisco Systems, Inc. (D. Del. 2013) – Represented Cisco in patent infringement suit concerning internet caching technology. Obtained voluntary dismissal of lawsuit against Cisco.
- Howmedica Osteonics Corp. and Stryker Corp. v. Wright Medical Technology, Inc., and Wright Medical Group, Inc. (D.N.J. 2012): Represented Wright Medical in litigation alleging infringement of patents pertaining to knee prostheses. Obtained favorable claim construction that led to dismissal of case for non-infringement.
- Orthophoenix, LLC v. Wright Medical Technology, Inc., and "John and/or Jane Does 1-100" (D. Del. 2013): Represented Wright Medical in litigation alleging infringement of two patents entitled "Structures and Methods For Creating Cavities In Interior Body Regions."
- PersonalWeb v. Netapp (E.D. Tex. & N.D. Cal. 2013): Obtained on behalf of NetApp, Inc. an order in California federal court granting its motion to stay a suit against it until the U.S. Patent and Trademark Office (USPTO) reviews the validity of patents owned by PersonalWeb Technologies LLC. Patents were invalidated and can case against NewApp was dismissed.
- Bonutti Skeletal Innovations LLC v. Wright Medical Group, Inc., and Wright Medical Technology, Inc. (D. Del. 2012): Represented Wright Medical in litigation alleging infringement of a patent pertaining to knee replacement.
- ConforMIS, Inc. v. Wright Medical Technology, Inc. (D. Mass. 2013): Represented Wright Medical in litigation alleging infringement of four patents related to the preparation of patient-specific cutting guides and fixtures for use in ankle and knee surgeries.
- Browning v. Sturm, Ruger & Co., Inc. (D. Utah 2013): Represented Sturm, Ruger & Co. in litigation alleging infringement relative to U.S. Patents Nos. 8,156,675 and 8,484,875, both entitled "Firearm Magazine."
- Institute For Information Industry v. Cisco Systems, Inc. (E.D. Tex. 2013): Represented Cisco Systems, Inc. in patent infringement litigation concerning methods and systems of dynamic channel allocation for access points in wireless networks.
- RPost Holdings, Inc. et al v. Epsilon Data Management, LLC (E.D. Tex. 2012). Representing Epsilon Data Management, LLC in patent infringement litigation concerning products and services that verify the delivery and integrity of electronic messages, including but not limited to Epsilon's electronic mail marketing services.
- Won an appeal on behalf of Lutron Electronics of an Ex Parte Reexamination before the Patent Trial and Appeals Board (PTAB) involving a challenge by Creston Electronics of Lutron's Patent No. 5,905,442, protecting five licenses with total royalties to date of over $20 million and defending Lutron's Homeworks® and RadioRA® product families.
- Represented Polder Housewares and its affiliates in the sale of substantially all of their assets – including intellectual property assets – to a buyer which is majority owned by entities affiliated with Topspin Partners, a suburban New York-based private equity fund.
- Represented Verizon Communications Inc. in negotiating and executing the various licensing and other agreements necessary for it to be able to spin off its local exchange and related business assets in 14 states to Frontier Communications Corp.
- New Jersey
- U.S. Patent and Trademark Office
- Franklin Pierce Law Center, J.D., 2007
- Bucknell University, B.S., B.A., 2003
- Duane Morris LLP
- Partner, 2017-present
- Associate, 2007-2016
Quoted in "Trio of Alums Continue to Open Doors for UNH Law Students at Duane Morris," University of New Hampshire News, July 2, 2018