American Express Company


We represented American Express Co. in a patent infringement action targeting its gift card products, in which plaintiff PrivaCash sought over $100 million in past damages and future royalties.  The firm obtained a dismissal of codefendant American Express Incentive Services, LLC ("AEIS") early in the case after proving that AEIS's gift cards were distributed and sold in the business-to-business environment and therefore could not infringe plaintiff's patent.  We then sought and secured a favorable claim construction ruling for remaining defendant American Express, and shortly thereafter filed a motion for summary judgment of non-infringement.  In that motion, we advanced two theories of non-infringement – including one based on the Court's favorable claim construction ruling.  Approximately one month before trial, the Court granted American Express's motion, finding that each of the two theories of non-infringement advanced by American Express independently warranted summary judgment. 

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