Stephen Korniczky is a partner and co-chair of the firm's Intellectual Property Practice Group, which has more than 100 attorneys.
Areas of Practice
Mr. Korniczky is a trial lawyer who focuses his practice on litigating patent and other intellectual property cases. Over the past 28 years, he has handled over 150 patent and other IP lawsuits including suits relating to standard essential patents (SEPs) and worldwide FRAND obligations in district courts throughout the US, before the International Trade Commission and on appeal to the US Court of Appeals for the Federal Circuit. He has litigated patent cases on behalf internationally based, publicly traded and emerging companies in many diverse technologies, including wireless communications, CDMA, WCDMA, WiMAX, HSPA, Wi-Fi, GPS, USB and wireless modems, LTE, Video and Audio compression, CDMA2000, Multi-media Messaging Service (MMS), Internet systems, web-browsers for wireless devices, software, liquid crystal displays (LCD), televisions, IC devices and semiconductor processes, medical devices automotive systems.
Recently, Mr. Korniczky was lead counsel for Defendants HTC Corporation, HTC America and Exedea Inc. (collectively "HTC") in a patent infringement action brought by WiLAN, Inc. in the Eastern District of Texas. WiLAN alleged that HTC infringed its standard essential patent (SEP) covering the 3GPP HSDPA mobile phone standard. After a six day trial, the jury awarded a complete defense victory finding that HTC did not infringe the asserted patent, and that the patent claims are invalid based on anticipation and/or obviousness.
Mr. Korniczky was also lead counsel for Defendants HTC Corporation and HTC America, Inc. in a two-patent infringement action brought by Intellect Wireless in the Northern District of Illinois. At trial, the Honorable William T. Hart ruled that Intellect Wireless had engaged in inequitable conduct before the Patent Office rendering the patents unenforceable and dismissed the lawsuit. The decision was upheld on appeal to the Federal Circuit and, subsequently, the case was found to be exceptional, and Intellect Wireless and its litigation counsel were held jointly and severally liable for HTC’s attorney fees and costs. The patents covered wireless portable communication devices that receive and display caller ID information, non-facsimile pictures, video messages and/or Multimedia Messaging Service.
In addition, Mr. Korniczky was lead counsel for Defendants, Samsung SDI Co., Ltd. and Samsung SDI America, Inc., in a patent infringement action brought by Honeywell International, Inc. in the District of Delaware. On the eve of trial, he successfully invalidated the patent in suit which related to LCD backlighting technology when the Honorable Joseph J. Farnan granted the motion for summary judgment of invalidity filed by Mr. Korniczky on behalf of his clients. The decision was subsequently upheld on appeal to the Federal Circuit.
Mr. Korniczky is registered to practice before the U.S. Patent and Trademark Office, and has significant experience prosecuting patent applications and handling reexamination and IPR procedures. He utilizes his combined prosecution and litigation background to provide strategic counseling to clients on business oriented IP licensing and portfolio development plans. He has successfully designed and implemented value-added strategies to raise venture capital, generate licensing revenue, cross-license competing IP and position companies for acquisition.
For example, Mr. Korniczky designed and implemented a patent strategy for Cameron Health, a Carlsbad medical device company, to protect its Subcutaneous Cardio Implantable Defibrillator (S-ICD) system and attract over $25 million in venture capital. Subsequently, Cameron Health received an equity investment from Boston Scientific in exchange for an exclusive option to buy the company.
