People | Craig R. Smith

Craig Smith

Partner

Practice Areas

  • Litigation
  • Patents
  • Trademark/Copyright

Industries

  • Chemical/Materials Science
  • Electronics/Computer Technologies
  • Internet/Software
  • Medical Devices

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Overview

Craig is a successful trial attorney who helps clients protect and defend their inventions in complex intellectual property litigation.  Technology companies of all sizes, from Fortune 50 companies to start-ups, have relied on him to take care of their most sensitive intellectual property matters.  He has represented companies such as Microsoft, Foursquare Labs, Avid Technology, Dell, and Velcro in intellectual property litigation throughout the country and the world.  Craig has handled matters before federal district courts and appellate courts, as well as the International Trade Commission (ITC).  He also has managed international litigations and proceedings before the European Patent Office.

Craig's litigation strategy and management have resulted in many pre-trial victories, helping to avoid expensive trials and, in one case, averting potential damages in excess of a billion dollars.  When trial is necessary, Craig has achieved impressive results for his clients.  In an ITC litigation victory, he persuaded the ITC that the patent asserted against his client was not infringed and invalid.  In addition, a jury victory of no infringement for Microsoft in Arendi v. Microsoft, was selected by The National Law Journal for inclusion in its annual list of "Top Defense Wins." 

Craig has been named a "Super Lawyer" by Thomson Reuters, and a Massachusetts "Super Lawyer - Rising Star" by Law & Politics magazine and the publishers of Boston Magazine.  He was also recognized by Massachusetts Lawyers Weekly as one of 15 "Up & Coming Lawyers."

Craig's practice also focuses on advising clients on intellectual property matters, including strategic management of patent and trademark portfolios, due diligence for acquisition of intellectual property, licensing, and pre-suit investigations.  He has extensive licensing experience, including initiating programs to monetize patent portfolios.  His client-focused approach to litigation and licensing puts a premium value on the client's input and insight and ensures a close and mutually beneficial relationship.

Representative Cases

Software:

Arendi U.S.A., Inc. and Arendi Holding Limited v. Microsoft Corp. - (D. R.I.) Successfully defended Microsoft in patent litigation involving Microsoft Office XP "smart tags" technology. Won jury verdict of non-infringement -- the first ever for Microsoft -- after a two week trial. Verdict selected by The National Law Journal as one of the top ten defense verdicts of 2004.

HyperPhrase Technologies, LLC and HyperPhrase, Inc. v. Microsoft Corp. - (W.D. Wis.) Successfully defended Microsoft in patent litigation involving Microsoft Office XP. Plaintiffs alleged damages of over $2,000,000,000. Won case by obtaining summary judgment of non-infringement on the eve of trial.

Mobile Commerce Framework, Inc. v. Foursquare Labs, Inc. - (S.D. CA) Lead counsel for Foursquare in patent litigation involving a subscription based system for presenting merchant information to a mobile device.

Silver State Intellectual Technologies, Inc. v. Foursquare Labs, Inc. - (D. NV) Lead counsel for Foursquare in patent litigation involving a method of providing contact information.

Blue Calypso, Inc. v. Foursquare Labs, Inc. - (E.D. TX) Lead counsel for Foursquare in patent litigation involving peer-to-peer advertising.

Evolutionary Intelligence v. Foursquare Labs, Inc. - (E.D. TX) Lead counsel for Foursquare in patent litigation involving an apparatus for manipulating information on a computer system using containers.

Abridge Technology v. Cashstar, Inc. et al. - (E.D. TX) Lead counsel for Cashstar in patent litigation relating to methods for conducting electronic commerce transactions using electronic tokens. Case settled.

Classco Inc. v. Personal Communication Devices, LLC et al. - (D. Mass.) Represented PCD in patent litigation relating to a calling party announcement apparatus. Case settled.

Hank Spacone v. Microsoft Corp. - (N.D. Cal.) Successfully defended Microsoft in patent litigation involving Microsoft Office XP and Office 2003. Won case by obtaining summary judgment of non-infringement and invalidity.

AllVoice Computing v. L&H Holdings USA - (D. Mass.) Defended L&H in patent litigation involving speech recognition software. Successfully defeated plaintiff's motion for preliminary injunction, and obtained summary affirmance of decision by the Federal Circuit.

NetRatings, Inc. v. Unica Corporation and Sane Solutions, Inc. - (S.D. N.Y.) Defended Unica and Sane Solutions in patent litigation involving methods for tracking the use of network resources. Case settled.

Mallory Ventures v. Microsoft Corporation - (D. Mass.) Defended Microsoft in patent litigation involving accessing Internet websites. Case dismissed after limited discovery relating to prior art.

Ingenio, Inc. v. Acacia Patent Acquisition Corporation, Acacia Research Corporation and Credit Card Control Fraud Corporation; Card Control Fraud Corporation v. Pilgrim Telephone, Inc. - (N.D. Cal.) Lead counsel for Pilgrim Telephone in patent litigation involving methods for providing credit authorizations. Case settled.

NetRatings, Inc. v. WebTrends, Inc. - (D. Ore.) Defended WebTrends in patent litigation involving methods for tracking the use of network resources. Case settled.

Arendi Holding Limited v. Microsoft Corporation and Dell, Inc. – (D. Del.) Represented Microsoft and Dell in patent litigation involving "smart tags" technology.  Won summary judgment of no provisional damages.

Netcraft Corporation v. AT&T Mobility LLC, Cellco Partnership and T-Mobile USA, Inc. – (D. Del.) Represented plaintiff Netcraft in patent litigation involving Internet billing methods. Settled favorably.

Mechanical:

Millipore Corporation et al. v. AllPure Technologies, Inc. - (D. Mass.) Lead counsel for AllPure in patent litigation involving device for introduction and withdrawal of a medium into and from a container.

Animal Care Systems, Inc. v. Hydropac/Lab Products, Inc. - (D. Co.) Lead counsel for Animal Care Systems in patent litigation involving fluid delivery system for animal cages.

Streamlight, Inc. v. Longhorn Tactical, LLC - (E.D. PA) Lead Counsel for Longhorn Tactical in patent litigation involving firearm mountable lights. Case settled.

Blastrac, N.A., Inc. v. Cooper Floor Services and Lisa Cooper - (Oklahoma) Lead counsel for Blastrac in contract dispute involving surface preparation equipment. Case settled.

Cricket Productions and DTR Far East Associates v. RSGA International - (D. Mass.) Lead counsel for RSGA in patent jury trial involving renewable energy flashlights. Case settled during trial, after evidence of patent invalidity was presented to the jury.

Velcro Industries B.V. and Velcro USA, Inc. v. Taiwan Paiho Limited - (D. N.H.) Represented Velcro in patent litigation involving hook and loop fasteners. Won key claim construction on all disputed claim terms. Case settled on the eve of trial.

Cricket Productions and DTR Far East Associates v. Viatek Consumer Products Group, Inc. - (D. Mass.) Lead counsel for Viatek in patent litigation involving renewable energy flashlights. Case settled.

ICC Innovative Concepts Corp. and Leh Chu Enterprise Co., Ltd., v. Viatek Consumer Products Group, Inc. and Lou Lentine - (D.CT) Lead counsel for defendants in patent and copyright litigation concerning flashlights.

Insight Technology Inc. v. SureFire, LLC - (D. N.H.) Represented Insight in patent litigation involving slide-on lights for handguns. Case settled.

Insight Technology Inc. v. Glock Inc. and Glock Ges.m.b.H. - (D. N.H.) Represented Insight in patent litigation involving slide-on lights for handguns. Case settled.

Velcro Industries B.V. and Velcro USA, Inc. v. Taiwan Paiho Limited and Radio Shack Corporation – (D. Del.) Represented Velcro in patent litigation involving hook and loop fasteners. Case settled.

Baum Research and Development Company, Inc. v. University of Massachusetts at Lowell – (W.D. Mich.) Represent the University of Massachusetts in breach of contract and patent litigation involving baseball bat testing equipment.

Chemistry:

OdorStar Technology, LLC and Star Brite Distributing, Inc. v. CLO2 Systems et al. - (S.D. FL) Lead counsel for CLO2 Systems in patent litigation involving a device for producing chlorine dioxide.

In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof - (International Trade Commission) Lead counsel for JK Sucralose in ITC investigation concerning intermediate compounds related to the manufacture of sucralose. Won decision of non-infringement and patent invalidity after seven day trial on the merits.

Tate & Lyle Sucralose Inc v. Hebei Sukerui Science and Technology Co., Ltd., Hebei Chemical Engineering and Industry Research Institute, Hebei Research Institute of Chemical Industry, Forbest International USA, LLC, Beijing Forbest Trade Co., Ltd., JSZ International, Inc., et al. - (C.D. Ill.) Successfully defended group of defendants in patent litigation involving a process for making sucralose. Plaintiff voluntarily dismissed its complaint after defendants filed motions to dismiss for lack of standing and lack of jurisdiction.

Tate & Lyle Technology Limited And Tate & Lyle Sucralose, Inc., v. Beijing Forbest Chemical Co., Ltd., Beijing Forbest Trade Co., Ltd., Forbest International USA, LLC, Hebei Research Institute of Chemical Industry, Hebei Sukerui Science and Technology, Co., Ltd., JSZ International, Inc., et al. - (C.D. Ill.) Lead counsel for group of defendants in patent litigation involving several patents relating to sucralose. Case dismissed.

Semiconductor and Hardware:

Control Resources v. Delta Electronics and LSI Logic Storage Systems - (D. Mass.) Defended Delta Electronics and LSI in patent litigation involving cooling fans for computers. Case dismissed with prejudice.

Harris Corp. v. Siemens AG - (E. D. Vir.) Defended Siemens in patent litigation involving 26 patents related to semiconductor memory technologies. Successfully obtained invalidity and non-infringement summary judgment rulings. Case settled.

ACT Manufacturing v. Alcatel - (D. Mass.) Defended Alcatel in adversary proceeding in bankruptcy court involving ADSL line card agreement. Case settled.

Represented Siemens in action to stop DRAM counterfeiters. Successfully obtained ex parte seizure order, temporary restraining order, and preliminary injunction.

Medical Devices:

Exergen Corporation v. Kidz-Med, Inc., American Scientific Resources, Inc. and Tecnimed, SRL – (D. Mass.) Represented Exergen in patent litigation involving thermometers.

The Gillette Company, Braun GmbH and Gillette Commercial Operations North America v. Skyvision Inc., Dane Robinson and Water Pik, Inc. - (D. Colo.) Represented Gillette and Braun in patent litigation involving oral care products. Case settled.

Sakharam Mahurkar and Tyco Healthcare Group L.P. v. Arrow International - (N. D. Ill.) Represented Tyco in patent litigation involving hemodialysis catheters. Case settled on the eve of trial.

Optics:

ADE v. KLA-Tencor - (D. Del.) Represented ADE in patent litigation involving optical inspection systems for silicon wafers and software for displaying measurement data. Succeeded in having claims to two patents dismissed on summary judgment; at trial, jury held that remaining patent claims were invalid.

Trade Secrets:

Velcro Industries B.V., Velcro Group Corporation and Velcro USA, Inc. v. Gerald Rocha, Creative Machine Designs and Taiwan Paiho Limited - (N. H. Superior Court) Represented Velcro in litigation involving claims of trade secrets misappropriation, unfair competition, breach of contract, breach of confidential relationship, breach of fiduciary duties, and tortious interference with contractual relations. Requested preliminary injunction to prevent shipment of equipment out of the country. Case settled.

GE Homeland Protection Inc. v. DSA Detection LLC et al. - (D. Mass.) Represented defendants in trade secrets and patent litigation relating to consumables for trace detection instruments, such as ion mobility spectrometers. Case settled.

False Marking:

Zachary Hallstrom v. Life Smart Labs Inc., etc., et al. - (E.D.CA) Lead counsel for Life Smart Labs in false patent marking qui tam action.  Case settled.

Other:

Diet Coffee, Inc. v. Viatek Consumer Products Group et al. – (S.D.N.Y.) Lead counsel for Viatek in breach of contract litigation involving Ionic light bulbs. Case settled.

Michael P. Strachan v. KONE Inc. et al. – (Mass.) Lead counsel for KONE in breach of contract dispute. Case settled.

Cricket Productions v. RSGA International et. al. - (D. Mass.) Lead counsel for RSGA in breach of contract dispute. Case settled.

R.T. v. Confab Holding Corp. - (N. D. Ill.) Defended Confab in patent litigation involving diapers. Case settled after limited discovery.

Talaria Co. and King Marine Imaging v. Larry Belkov and Belkov Yacht Carpentry Company, Inc. - (D. Md.) Represented Talaria in trade dress action related to yacht design. Case settled.

Appellate Examples:

AllVoice Computing Plc v. Dragon Systems, Inc. - (Federal Circuit) Represented Dragon Systems in appeal of district court's denial of AllVoice's motion for preliminary injunction. Obtained summary affirmance of district court's decision.

Arendi U.S.A., Inc. and Arendi Holding Limited v. Microsoft Corp. - (Federal Circuit) Represented Microsoft in appeal of jury verdict of no infringement and validity. Successfully obtained summary affirmance of district court's decision.

Monitor Clipper Partners v. Larry Belkov and Belkov Yacht Carpentry Company, Inc. - (First Circuit) Represented Monitor Clipper Partners in appeal of district court's denial of Belkov's motion to compel compliance with a third-party subpoena. Case settled.

Hank Spacone v. Microsoft Corp. - (Federal Circuit) Represented Microsoft in appeal of district court's decision that Microsoft did not infringe and that certain patent claims were invalid, and that Mr. Spacone had standing.  Obtained Federal Circuit decision of no standing.

Education and Prior Experience

  • New York University School of Law, J.D., The Order of the Barristers.
  • University of Illinois, M.S., Environmental Engineering (Microbiology).
  • Manhattan College, B.S., Civil Engineering, magna cum laude, Tau Beta Pi.
  • Former Principal at Fish & Richardson, P.C., Chair of Recruiting Committee for the Boston Office.

Admissions, Memberships, and Acknowledgements

  • Admitted to practice law in Massachusetts, New York, and Colorado
  • Registered to practice in U.S. District Courts throughout the country
  • Registered to practice before the U.S. Patent and Trademark Office
  • Board Member, Greater Boston Legal Services, 2003-2012
  • Named as one of 15 "Up & Coming Lawyers" by the Massachusetts Lawyers Weekly
  • Named as one of New England's "Rising Stars" in 2005, 2006, 2007, and 2009
  • Named a "New England Super Lawyer" in 2010, 2011, and 2012 by Thomson Reuters and the publishers of Boston Magazine 

Publications:

"Jurisdiction Based on Internet Activity: An Update", Technology Law Alert, Vol. 27, No. 9/May 2001.

"Menelaus Mining, Inc. v. Ilion Insurance Co., The Sudden and Accidental Exception to the Pollution Exclusion Clause in Standard Comprehensive General Liability Policies," 20 New York University School of Law Moot Court Casebook 4 (1996).

"Dichloromethane biodegradation under nitrate-reducing conditions," 69 Water Environment Research 1 (Jan/Feb 1997).

"Kinetics of Dichloromethane Biodegradation under Aerobic and Nitrate-Reducing Conditions," Water Environment Federation's 67th Annual Conference, 1994.

News & Events

September 1, 2012

"Patent Pending"

MPO Magazine

May 1, 2012

"The Right Tools for the Job," Craig R. Smith, Corporate Counsel.

March 21, 2012

"Supreme Court: Prometheus Decision a Harbinger for Myriad?"

Pharmaceutical Executive

February 3, 2012

"2011 Intellectual Propery Year in Review and Outlook for 2012 - Part I: Patents," Peter C. Lando and Craig R. Smith, partner at Lando & Anastasi, LLP, IP Counsel on LegalTalkNetwork.

November 9, 2011

"The Prior Use Defense Under AIA," Craig R. Smith, Law360.

October 20, 2011

"A World of Copyright Confusion on the Web," Craig R. Smith, The National Law Journal.

September 20, 2011

"Patent bar split on impact of new law"

Massachusetts Lawyers Weekly

September 9, 2011

"Patent reform bill heads to Obama's desk"

Mass High Tech Business News

July 28, 2011

"Landmark Patent Decisions from The Supreme Court and the Court of Appeals for the Federal Circuit," Craig R. Smith and Thomas P. McNulty of Lando & Anastasi, LLP, Suffolk Law School's IP Issues on LegalTalkNetwork.

July 15, 2011

"Political factors remain as stem cell sciences advances"

Boston Business Journal

May 18, 2011

Craig R. Smith presented on "What Litigators Look for in a Prosecution History," at the Boston Bar Association, Boston, MA.

May 5, 2011

Craig R. Smith presented on "Critical Patent Decisions for Medical Devices Companies" at an event titled "Hot Topics and Emerging Trends in the Medical Device Industry," hosted by Posternak Blankstein & Lund, LLP, Boston, MA.

February 24, 2011

"Inside ITC Investigations," Peter C. Lando and Attorney Craig R. Smith, partner at Lando & Anastasi, LLP, IP Counsel on LegalTalkNetwork.

February 15, 2011

"UMass immune from 93A liability"

Massachusetts Lawyers Weekly

February 7, 2011

"NTP faces crucial patent challenge"

The National Law Journal

October 29, 2010

"Maker of Silly Bandz Sues Wal-Mart Over Alleged Knockoffs"

The National Law Journal

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