Edward J. Mayle
Partner

1400 Wewatta Street Suite 600, Denver, CO USA 80202

Overview

Ted Mayle focuses on patent infringement litigation and appeals, and administrative actions before the Patent Office’s Patent Trial and Appeal Board.

Mr. Mayle has experience representing companies accused of infringement in cases involving various industries, including telecommunication systems, semiconductor, software-related systems, electrical systems, mechanical systems, and medical devices. He also has significant experience in Inter Partes Review proceedings involving a variety of technologies.

Mr. Mayle has significant courtroom experience in patent cases, including jury trials. And he has briefed and argued many winning motions and patent claim construction disputes. Mr. Mayle also has experience in international arbitration (including the largest ever recorded affirmed patent arbitration damages award).

Prior to joining the legal profession, Mr. Mayle served in the U.S. Navy for nine years, including tours as an officer in a carrier-based F-14 fighter squadron, where he was hand-picked to be on the first strike mission in Afghanistan after the 9/11 attacks. He then served in a developmental test squadron, where he planned and executed flight testing missions for advanced weapons systems and aircraft software upgrades.

Mr. Mayle graduated with distinction from the U.S. Naval Academy (top 10%) and was later awarded one of two Department of Homeland Security graduate research fellowships nationally in the field of mechanical engineering.

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Experience

Represented LSI Corporation and all appellees in a landmark Federal Circuit appeal of an IPR decision filed by the University of Minnesota, resulting in a precedential opinion holding that state sovereign immunity does not apply in inter partes review proceedings before the USPTO. This was named one of the “Top Patent Cases of 2019” by Law360. Regents of the Univ. of Minnesota v. LSI Corp., 926 F.3d 1327 (Fed. Cir. 2019). Mr. Mayle argued the underlying IPR decision before the PTAB and before the Federal Circuit on appeal.

Represented TCL Industries in district court litigation filed by ParkerVision Inc. and in parallel IPR proceedings. Mr. Mayle argued before the PTAB in the IPR proceedings, and the Board cancelled all challenged patent claims.

Defended Nalu Medical in a patent lawsuit filed by Nevro over spinal cord stimulators, which included injunctive relief to prevent Nalu from commercializing its recently FDA-approved neurostimulation system. On the eve of the claim construction hearing in Delaware, and shortly before the PTAB’s institution decision of Nalu’s IPR Petition challenging Nevro’s patent was due, we obtained a favorable settlement for Nalu. Nevro Corp. v. Nalu Medical, Inc., No. 1-20-cv-00291 (D. Del.) and Nalu Medical, Inc. v. Nevro Corp., IPR2021-01023 (PTAB).

Represented a major supplier of agrochemicals as the plaintiff in a patent infringement lawsuit against another major supplier of agrochemicals. Argued and won a rare preliminary injunction in 2013 when a North Carolina federal judge barred the defendant from selling a fungicide targeted by the patent infringement suit, saying that the plaintiff had a good chance of winning its case.

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Insights
Education

Georgetown University Law Center J.D. (2010) cum laude

Georgia Institute of Technology M.S. (2005) Mechanical Engineering, Minor in Applied Mathematics

United States Naval Academy B.S. (1995) Aerospace Engineering, with distinction, Dean's List

Admissions

Colorado (2017)

District of Columbia (2015)

Virginia (2010)

Court Admissions

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Virginia

U.S. Patent and Trademark Office (2009)

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Professional & Community Activities

American Intellectual Property Law Association (AIPLA), Member

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