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David H. Bluestone

Practice Summary

Mr. Bluestone is a shareholder at Brinks Hofer Gilson & Lione with over a dozen years of experience. He is a registered patent attorney whose practice includes intellectual property litigation, patent prosecution, negotiations, licensing, opinions, reexaminations, intellectual property portfolio counseling, due diligence, competitive intelligence and other unfair competition and copyright matters.

Mr. Bluestone practices regularly before several district courts, the International Trade Commission and the United States Court of Appeals for the Federal Circuit. He has argued several dispositive motions and claim construction hearings. David was part of the firm’s successful trial and appeal team that represented Aero Products International. Mr. Bluestone’s technical experience involves a range of technologies, including biomedical devices, hearing instruments, telephony, signal processing, valves, vehicle navigation systems, plastics, computer software, office seating, internet-based applications and electronic monitoring systems.

Mr. Bluestone received his J.D. from Northwestern University School of Law and his B.S. in electrical engineering, with honors, from the University of Illinois.

Honors/Distinctions
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, 2011
  • Illinois Super Lawyers, Rising Stars, 2008-2012
Representative Matters
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  • In re Certain Wireless Devices with 3G Capabilities and Components Thereof. (I.T.C. 2011 - present). Mr. Bluestone currently represents ZTE in this section 337 patent infringement investigation before the International Trade Commission.
  • Transocean Offshore Drilling, Inc. v. Maersk Contractors USA, Inc., (S.D. Tex. 2011; Fed. Cir. 2011 - present). Mr. Bluestone currently represents Maersk in the United States Court of Appeals for the Federal Circuit, after sucessful post-trial rulings holding the patents-in-suit invalid and not infringed in the United States District Court for the Southern District of Texas.
  • Auditory Licensing Company, LLC v. GN Resound A/S, et. al. (D. Conn 2008-present). Mr. Bluestone presently represents defendants Phonak and Unitron in this district court patent litigation.
  • Lottotron v. Peak Entertainment N.V., et. al. (D. NJ. 2009-2010). Mr. Bluestone represented defendants Imperial e-Club Ltd., Peak Entertainment N.V. and First Grand Gaming N.V. in this patent infringement action relating to gaming technology. The matter settled favorably.
  • In the Matter of Certain Automotive Multimedia Display and Navigation Systems, Components Thereof, and Products Containing the Same (I.T.C. 2008-2009). Mr. Bluestone represented respondents Alpine Electronics, Inc. and Alpine Electronics of America, Inc. in a section 337 patent infringement investigation at the International Trade Commission. The parties entered into a settlement agreement prior to the ITC hearing.
  • Alpine Electronics, Inc. and Alpine Electronics of America, Inc. v. Honeywell International Inc. and Honeywell Intellectual Properties Inc. (C.D. Cal. 2007-2009). Mr. Bluestone represented the plaintiffs in this declaratory judgment action brought by Alpine. The case was stayed on the eve of claim construction briefing due to Honeywell’s filing of its ITC action. The case was dismissed upon settlement of the parties related claims in the ITC investigation.
  • Herman Miller, Inc. v. Teknion Corp. and Okamura Corp. (N.D. Ill. 2005-2008). Mr. Bluestone represented Herman Miller in a patent infringement action brought against Teknion and Okamura Corp. The patents related to office seating, including innovations of Herman Miller’s critically acclaimed and now famous Aeron® chair. Mr. Bluestone successfully argued both claim construction and summary judgment motions before the Court. The case settled after a summary judgment rulings.
  • Energy Transportation Group v. Sonic Innovations, et. al. (D. Del. 2004-2007). In this multi-defendant litigation, Mr. Bluestone represented hearing instrument manufacturers Phonak and Unitron. Mr. Bluestone successfully argued on behalf of the defendants for several claim construction positions. After the claim construction ruling, the plaintiff settled with Phonak and Unitron.
  • Pliant Corp. v. MSC Marketing and Atlantis Plastics (N.D. Ill. 2004-2006). Mr. Bluestone represented Atlantis Plastics in this patent infringement in the United States District Court for the Northern District of Illinois. On February 15, 2006, the Court issued a claim construction favorable to Atlantis. In March 2006, Pliant agreed to dismiss Atlantis. The case settled after the appellate briefing.
  • Aero Products International v. Intex Recreation Corporation; Quality Trading, Inc.; and Wal-Mart Stores, Inc. (Fed. Cir. 2005-2006). Mr. Bluestone represented Aero Products International as appellee in the United States Court of Appeals for Federal Circuit. The appeal followed the successful jury trial in the Northern District. On October 2, 2006, the Federal Circuit affirmed the claim construction patent infringement award.
  • Pro Tech Monitoring. v. Elmo-Tech, et. al. (M.D. Fla. 2004-2006). Mr. Bluestone represented Elmo-Tech in this patent infringement in the United States District Court for the Middle District of Florida. Pro Tech's complaint was voluntarily dismissed.
  • Aero Products International v. Intex Recreation Corp., et. al. (N.D. Ill. 2002-2006). Mr. Bluestone represented Aero Products International in this patent infringement action in the United States District Court for Northern District of Illinois. During the course of the litigation, Mr. Bluestone took and defended depositions and elicited testimony from multiple witnesses at trial. In February 2004, the jury found for Aero Products, awarding damages of $2,950,000 for patent infringement. In July 2004, the Court doubled the patent damages and awarded attorney fees for Aero. In May 2005, the Court granted Aero's Motion for Contempt, precluding sales of substantially identical products.
  • Herman Miller, Inc. v. Allseating Corp. (N.D. Ill. 2004-2005). Mr. Bluestone represented Herman Miller in a four patent infringement action brought against Allseating. This matter settled with Allseating agreeing to license terms.
  • Ever Win Int'l v. Motorola (C.D. Cal. 2004). Mr. Bluestone represented Motorola in this declaratory judgment patent infringement action pending in the United States District Court for the Central District of California. This matter settled on favorable terms for Motorola.
  • Motorola v. Vosi Technologies (N.D. Ill. 2001-2003). Mr. Bluestone represented Motorola in this declaratory judgment patent infringement action in the United States District Court for the Northern District of Illinois. In March 2003, the Court found for Motorola, ruling that all three Vosi patents were invalid, unenforceable and not infringed by Motorola.
Publications
Presentations
  • "The American Inventors Protection Act of 1999," DePaul University College of Law, Chicago, Illinois
Memberships & Affiliations
  • Federal Circuit Bar Association
  • Intellectual Property Law Association of Chicago
  • Licensing Executives Society
Civic Activities
  • Lawyers for the Creative Arts
    Performs and organizes pro bono work with other attorneys at Brinks Hofer Gilson & Lione in partnership with the Lawyers for the Creative Arts.
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    Shareholder, January 2007-Present
    Associate, September 1999-December 2006
    Law Clerk, September 1998-April 1999
    Law Clerk, November 1997-April 1998
    Summer Associate, May 1997-August 1997
  • Kenyon & Kenyon, New York, New York
    Summer Associate, May 1998-August 1998
  • Intel Corporation, Santa Clara, California
    Summer Intern, Legal Department, May 1996-August 1996