Clyde Findley is an intellectual property litigator and registered patent attorney who brings to his legal practice over 20 years of experience as a software engineer, technical manager and business executive.
The focus of Mr. Findley's practice is the protection and enforcement of intellectual property rights in computer software. He is involved in all aspects of litigation, from pre-suit investigations and opinions through discovery, motions practice, trial and appeal. His software cases have involved a variety of technologies, such as variable data printing, network monitoring, digital music, and on-line business methods.
Mr. Findley is also experienced in other aspects of intellectual property law, including drafting and prosecuting patent applications and the preparation of opinions covering patent validity, enforceability and infringement. His subject matter experience includes on-line business methods, games, digital image recognition, telecommunications, database management and cryptography.
Before pursuing a career in law, Mr. Findley was a business owner and technical manager. In that capacity, he negotiated and drafted a multitude of licenses and contracts in the software engineering field, including government contracts, software development contracts, software licenses, and employment agreements.
Mr. Findley is admitted to the Virginia and District of Columbia bars, and is registered to practice before the United States Patent and Trademark Office. He is admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Fourth Circuit, and the district courts for the Eastern District of Virginia and the District of Columbia. Mr. Findley is a member of the American Intellectual Property Law Association and the American Bar Association, as well as a member of various technical societies, including IEEE (electrical engineering) and ACM (computer science). He is the author of several technical and legal publications.
Representative Cases
- Quantum Systems Integrators, Inc. v. Sprint Nextel Corporation, No. 1:07-cv-00491 (E.D. Va.) (represented defendant in copyright infringement trial involving network monitoring software).
- R.R. Donnelley v. Kodak, No. 06-032 (D. Del.) (represented defendant in patent infringement action involving variable data printing software).
- Hayes v. Penny & Giles, No. 2-04-3084 (D. N.J.) (represented defendant in patent infringement action involving endothermic heat sink for protecting flight data recorders from fire).
- Curtiss-Wright v. Velan, No. 04-CV-1157 (W.D. Tex.) (represented plaintiff in patent infringement action involving industrial valves used to de-head coke drums during oil refining operations).
- Weyer v. Network Solutions, LLC, No. 04-119 (represented defendant in patent infringement action involving domain name assignment).
- Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., No. 03-927 (D. Del) (represented defendant in patent infringement action involving interactive phonics learning devices).
- Sightsound.com v. Napster, No. 04-1549 (W.D. Pa.) (represented plaintiff in patent infringement action involving sale of music in digital form over the Internet).
- Sightsound.com v. CDNow, No. 98-0118 (W.D. Pa.) (represented plaintiff in patent infringement action involving sale of music in digital form over the Internet).
Education
James Madison University, B.S., 1977
- Major: Mathematics; minor: biology
George Washington University, 1981
- Graduate study in Computer Science
Virginia Tech, 1987
- Graduate study in Computer Science
George Mason University School of Law, J.D., 2002
- cum laude - Managing Editor, George Mason Law Review
Affiliations
Admitted to practice:
Virginia
District of Columbia
District of Columbia Court of Appeals
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Virginia
Registered Patent Attorney, U.S. Patent and Trademark Office
Publications
"Unfair Competition and The ITC," Actions Before the International Trade Commission Under Section 337 of the Tariff Act of 1930
(2004 Edition).
Author: Donald Knox Duvall; General Editors: Philip J. McCabe, John W. Bateman; Senior Co-Editor: Fred T. Grasso; Co-Editors: Clyde E. Findley, John B. McDaniel, Robert F. Vroom.
"Getting Patently Offensive," (an analysis of recent high-dollar awards in patent cases) C|Net News.com
(January 2004).
Co-Authors: Brian S. Mudge and Clyde E. Findley.
Speeches & Presentations
"International Patent Licensing Issues and Concerns," American Conference Institute conference on Licensing Intellectual Property - San Francisco, CA
(December 2003).
Co-Presenters: William K. Wells and Clyde E. Findley.