Gretchen K. Harting

Associate

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Gretchen Harting is an Associate in the Austin office of McKool Smith, whose practice deals with patent litigation, intellectual property, and commercial litigation.

Ms. Harting worked as a Graduate Research Assistant for Sr. Professor Olin G. Wellborn, University of Texas at Austin. She was involved in researching, selecting, and presenting replacement cases and in the revising and critiquing of Sr. Professor Wellborn’s 3rd edition of Cases and Materials on the Rules of Evidence.

Ms. Harting also served as a Graduate Research Assistant to Professor Oren Bracha, University of Texas at Austin, focusing on legal history and intellectual property and as a Graduate Research Assistant to Professor Alan Rau, University of Texas at Austin, focusing on arbitration. She also served as a Graduate Research Assistant to Professor Melvin Eisenberg, during her first year of law school at Boalt Hall School of Law at Berkeley, California, focusing on contract law.

Representative Matters

i4i Limited Partnership.  i4i Limited Partnership v. Microsoft Corporation (E.D. Tex.).  Represents i4i Limited Partnership in a suit filed against Microsoft Corporation for patent infringement involving a method and system for manipulating architecture and content of a document separately from eachother.

Texas MP3 Technologies, Ltd.  Texas MP3 Technologies, Ltd. v. Samsung et al. (E.D. Tex.).  Represents Texas MP3 Technologies, Ltd. in a suit filed against Samsung, Apple, and SanDisk for patent infringement involving portable audio devices capable of reproducing MPEG-encoded data.

Computer Acceleration Corporation.  Computer Acceleration Corporation v. Microsoft Corporation (E.D. Tex.).  Represented Computer Acceleration Corporation in a suit filed against Microsoft Corporation for patent infringement involving technology to improve computer program launch times.

Ciphergen Biosystems, Inc.  Health Discovery Corporation v. Ciphergen Biosystems, Inc. (E.D. Tex. / N.D. Cal.).  Represented Ciphergen Biosystems, Inc. in the defense of allegations of patent infringement involving the use of learning machines for examining differential protein expression in the search for biomarkers to use as drugs targets or for use in designing diagnostic tests.  Ms. Harting’s team successfully moved for a transfer of venue to the Northern District of California.  The case settled prior to the case management conference on terms favorable to Ciphergen Biosystems, Inc.

Wi-LAN, Inc.  Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology (USA), Inc., was a member of the team that filed an amicus brief on behalf of Wi-LAN, Inc. at the Federal Circuit in this important post-eBay case on the availability of injunctive relief for non-practicing entities.

Wi-LAN, Inc.  Quanta Computer, Inc. v. LG Electronics, Inc., was a member of the team that filed an amicus brief on behalf of Wi-LAN, Inc. at the U.S. Supreme Court in this important patent exhaustion case.

Wi-LAN, Inc.  Wi-LAN, Inc. v. Acer, Inc., et al. (E.D. Tex.); Wi-LAN, Inc. v. Westell Techs., Inc., et al. (E.D. Tex.); Wi-LAN, Inc. v. Research in Motion Corp., et al. (E.D. Tex.)    Represents Wi-LAN, Inc. in three patent infringement cases filed against Defendants involving technology covering computer, router, handset, and other wireless devices.

Wi-LAN, Inc. Marvell Semiconductor, Inc. v. Wi-LAN, Inc. (N.D. Cal.)  Represented Wi-LAN, Inc. in a declaratory judgment action brought by Marvell.  The parties stipulated to a dismissal of the action with prejudice.

Candela Corporation and The General Hospital Corporation d/b/a Massachusetts General Hospital.  Candela Corp. v. Palomar Med. Techs., Inc. (E.D. Tex.) Represents Plaintiffs in a patent infringement case against Palomar involving methods and apparatuses for the treatment of wrinkles.

Professional Activities

Texas Young Lawyers Association; Austin Intellectual Property Law Association.