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Clyde Findley

Clyde Findley is an experienced attorney who focuses his practice on the legal protection of software and related technologies. His focus is a natural evolution of a 20-year first career as a software developer. Many of Clyde’s early years also included executive positions in upper management at technology companies as well as ownership of two small software engineering firms. From that broad base of engineering and business experience, Clyde is able to provide strategic counseling and advice on a variety of technical and business issues. He is just as comfortable in court as he is in a boardroom or conference room.

As a litigator, Clyde is involved in all aspects of software patent and copyright disputes, from pre-suit investigations through expert discovery, motions practice, settlement negotiation, trial, and appeal. His cases have involved many different computer-related technologies, including object linking and embedding, vehicle interface and control systems, variable data printing, network monitoring, digital music, and navigation.

As a transactional attorney, Clyde drafts and prosecutes patent applications, files copyright registrations, and prepares many different kinds of agreements relating to the protection of intellectual property. He has also prepared opinions covering patent validity, enforceability and infringement. Clyde’s technical subject matter experience includes real-time control systems, games, combat simulators, telecommunications, language compilers and translators, database management systems, and business methods.

Prior to joining Protorae Law Clyde practiced at Cloudigy Law in McLean, VA and was a litigator and patent attorney at the Washington, DC offices of Crowell & Moring and Kenyon & Kenyon (now Andrews Kurth Kenyon).

Representative Matters

  • TomTom, Inc. v. Adolph, (Fed. Cir.) – Successful appeal of 5 district court claim construction rulings resulting in complete reversal and remand
  • Oracle America, Inc. v. Service Key et al., (N.D. Cal.) – Successful settlement of copyright infringement, unfair competition, and Computer Fraud and Abuse Act in pretrial phase for government contractor
  • Recticel AutomobileSysteme GmbH v. Automotive Components Holdings, LLC, (E.D. Mich.) – Successful settlement for Recticel in patent infringement suit involving method of manufacturing two-tone elastomeric skins for automobile interiors)
  • Research In Motion Ltd. v. Eastman Kodak Co.,  (N.D. Tex.) – Supported counter-claim plaintiff in expert discovery portion of multi-firm patent infringement suit involving object linking and embedding software within Internet browsers
  • Association of Community Organizations for Reform Now v. Lisa Dickerson, (D. Md.) – In pro bono First Amendment case, achieved summary judgment ruling that the Maryland Transit Administration had improperly restricted the rights of individuals to engage in free speech activities on public property
  • 602531 British Columbia, LTD v. Mercedes-Benz USA, LLC,  (D. NJ) – Achieved voluntary dismissal with prejudice for Mercedes-Benz in a patent infringement suit involving automobile user interface software
  • Automotive Technologies Int’l, Inc, v. Delphi Corp., et al., (E.D. Mich.) – Represented defendant in patent infringement suit involving automotive air bag suppression technology, securing summary judgment of invalidity against all asserted patents
  • Quantum Systems Integrators, Inc. v. Sprint Nextel Corporation,  (E.D. Va.) – Successful trial decision in favor of Sprint in copyright infringement case involving network monitoring software
  • R.R. Donnelley v. Kodak,  (D. Del.) – Represented Kodak in patent infringement action involving variable data printing software
  • Hayes v. Penny & Giles, (D. N.J.) – Represented Penny& Giles in patent infringement action involving endothermic heat sink for protecting flight data recorders from fire
  • Curtiss-Wright v. Velan,  (W.D. Tex.) – Represented Curtiss-Wright in patent infringement action involving industrial valves used to de-head coke drums during oil refining operations
  • Sightsound.com v. CDNow, (W.D. Pa.) – Represented Sightsound in patent infringement action involving sale of music in digital form over the Internet

LEGAL DISCLAIMER: THE RESULTS OF ALL CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.