Simpson, M. Talmadge

Tony Simon is a registered patent attorney. His practice focuses on intellectual property and other complex commercial litigation. Tony has served as lead trial counsel in over 200 patent, copyright, trademark, antitrust and other intellectual property cases in courts across the United States. Tony has tried cases to verdict in both state and federal courts, has argued in several federal courts of appeal across the country, and has handled numerous Markman and other pretrial and preliminary hearings.

Tony has a Bachelor of Science degree in Electrical Engineering from the University of Notre Dame, and he earned his law degree at St. Louis University School of Law. In addition to his legal expertise, his engineering background provides him with the skills necessary to understand and explain complex technologies to juries.

In his 20 years of practice, Tony has represented both plaintiffs and defendants. He has been a partner at one of the largest firms in St. Louis and at a boutique patent firm before starting the IP Group at The Simon Law Firm. He has litigated cases against, and has been co-counsel with, a majority of the large intellectual property law firms across the country. His clients have included Fortune 500 companies, as well as small businesses and individuals.

Representative Cases

Maritz, Inc. v. Cybergold, Inc. 947 F.Supp 1328 (E.D. Mo. 1996)

Storage Technology Corporation, d/b/a Storagetek v. Custom Hardware Engineering and Consulting, (Dist. of Mass.)

• Represented Defendant against patent and copyright infringement allegations regarding computer code designed to diagnose problems within data management libraries. Plaintiff alleged infringement of U.S. Patent Nos. 6,550,391 "Method and System for Moving Cartridges Between Storage Libraries," 5,850,569 "Method for Integrating a Module into a Storage Library," and 4,908,777 "Robot Arm Calibration System." Confidential resolution.

Note Family, Inc. v. Vivendi Universal Games, Inc., (S.D. Ill.)

• Represented Plaintiff in trademark infringement action against Vivendi Universal Games, Inc for a registered mark used in connection with educational support materials for the teaching of music and music theory to children. Confidential resolution.

Gold Metal Products v. The Helman Group, Ltd., (E.D. Mo.)

• Represented Plaintiff in trade dress infringement, unfair competition and dilution action. Confidential resolution.

Cybercard Corporation v. American Express Centurion Bank, et al., (S.D. NY)

• Represented Plaintiff in patent infringement action against American Express Centurion Bank, American Express Company, Gemplus Corp., SCM Microsystems, Inc., Secure-Tech Peripherals, Inc., Dell, Inc., and 360 Degree Web, Inc., involving U.S. Patent No. 5,497,411 "Telecommunications Card-Access System." Confidential resolution.

Jean Kulig v. Magmedix, Inc., et al., (N.D. Ill.)

• Represented Plaintiff in false marking and conversion of intellectual property action against Magmedix, Inc., Millimeter Wave Technology, Inc. d/b/a MWT-Materials, Inc., and Medamerica International, Inc involving the use of radiofrequency absorbing materials as a medical device during Magnetic Resonance Imaging. Judgment in favor of Plaintiff.

Priority Access Solutions Corp. v. IBM, (E.D. Tex.)

• Represented Plaintiff in patent infringement action against IBM involving U.S. Patent No. 5,717,604 "Network Monitoring System for Tracking, Billing and Recovering Licenses." Confidential resolution.

1st Technology, LLC v. Digital Gaming Solutions, S.A., et al., (E.D. Mo.)

• Represented Plaintiff in patent infringement action against Digital Gaming Solutions S.A., Townview Trading, S.A., SBG Global, and Digital Gaming Network Ltd., involving U.S. Patent No. 5,564,001 "Method and System for Interactively Transmitting Multimedia Information Over a Network Which Requires Reduced Bandwidth." Confidential resolution.

World Wide Stationery Mfg. Co. Ltd. v. U.S. Ring Binder, LP, (E.D. Mo.)

• Represented Defendant in jury trial against allegations of infringement of U.S. Patent Nos. 7,296,946 "Ring Binder Mechanism" and 7,404,685 "Ring Binder Mechanism Spring Biased to a Locked Position when Ring Members Close." Received defense verdict and judgment invalidating all 45 claims in two patents asserted. Judgment was affirmed by Federal Circuit.

Variant, Inc. v. Adams Golf, Inc., et al., (E.D. Tex.)

• Represented Plaintiff in patent infringement action against Adams Golf, Inc., Sub-Zero, Inc., The Biltmore Company, Inc., Ace Cash Express, and Bankrate, Inc. involving U.S. Patent No. 7,379,900 "System for Marketing Goods and Services Utilizing Computerized Central and Remote Facilities." Confidential Resolution.

Bing! Information Design, LLC v. Microsoft Corp., (E.D. Mo.)

• Represented Plaintiff in trademark infringement action against Microsoft concerning the mark "bing." Confidential resolution.

Simply Thick, LLC v. Links Medical Products, Inc., (E.D. Mo.)

• Represented Plaintiff in patent infringement action against Links Medical Products, Inc. involving U.S. Patent 7,638,150 "Process for Preparing Concentrate Thickener Compositions." Confidential resolution.

Virginia E-Commerce v. eBay and PayPal, (E.D. Va.)

• Represented Plaintiff in patent infringement action against eBay and PayPal for infringement of U.S. Patent No. RE40, 753E "Method and System for Conducting Business in a Transnational E-Commerce Network." Confidential resolution.

Financial Systems Innovation, LLC v. Aerogroup Retail Holdings, Inc., et al., (N.D. Ga.)

• Represent Plaintiffs in patent infringement action against numerous retailers involving U.S. Patent 4,707,592 "Personal Universal Identity Card System for Failsafe Interactive Financial Transactions." Confidential resolution. Confidential resolution also reached in sister cases: Financial Systems Innovation, LLC v. Circuit City, et al., Financial Systems Innovation, LLC v. Coach, Inc., et al., Financial Systems Innovation, LLC v. Aldo Group, Inc., et al., Financial Systems Innovation, LLC v. Avis Budget Rental Car LLC, et al., Financial Systems Innovation, LLC v. Costco Wholesale Corporation, et al.

Child Protect, LLC v. Sprint, et al., (E.D. Tex.)

• Represented Plaintiff against Sprint, AT&T, Verizon, Virgin Mobile and Helio for infringement of U.S. Patent Nos. 7,046,782 "Telephone Call Control System and Methods," 7,515,700 "Method for Controlling Telephone Position Reporting" and 7,587,198 "Telephony Apparatus." Confidential settlements were reached with all parties.

Vehicle Occupant Sensing Systems v. Honda, et al., (E.D. Tex.)

• Represented Plaintiff in patent infringement case against Honda Motor Company and BMW of North America involving U.S. Patent Nos. 6,292,727 "Vehicle Occupant Presence and Position Sensing System," 6,968,263 "Vehicle Occupant Presence and Position Sensing System" and 7,542,836 "Vehicle Occupant Presence and Position Sensing System." Confidential resolution.

Creative Internet Advertising Corp. v. Yahoo! Inc., (E.D. Tex.)

• Represented Plaintiff in patent infringement action against Yahoo! for infringement of U.S. Patent No. 6,205,432 "Background Advertising System." Tried to case to jury and received plaintiff's verdict and judgment of approximately $13 million in favor of plaintiff, including a royalty rate of 20% and an ongoing royalty rate of 23%.

EMSAT and Location Based Services v. AT&T, (N.D. Ohio)

• Represented Plaintiffs in patent infringement actions against AT&T for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions". Confidential resolution.

Document Generation Corp. v. Allscripts, LLC, et al., (E.D. Tex.)

• Represented Plaintiff in patent infringement action against major electronic medical record (EMR) software providers including Allscripts, McKesson, Sage, EPIC, Cerner, Misys, Meditech and Eclipsys for infringement of U.S. Patent No. 5,267,155 "Apparatus and Method for Computer-Assisted Document Generation." Confidential settlements were reached with all parties. Additional lawsuit pertaining to '155 patent against Allmeds, eClinicalWorks, Health Port, iMedica, Informed, Nextgen, Noteworthy, SSIMED, GE Healthcare, Pulse and AMT Solutions is currently pending in the Eastern District of Texas.

Kellstrom Integration Solutions, LLC v. Siemens, et al. (E.D. Tex.)

• Representing Plaintiff in patent infringement action against Siemens PLM Software, Inc., DSC Software, Inc., Cideon America, Inc., .Riess Corporation, Tesis PLMware USA, LLC, Cenit North America, Inc., and Sap America, Inc., involving U.S. Patent No. 6,088,625 "System for Transferring Assembly Data and Method Therefore." Confidential resolution as to DSC Software, Inc., Cideon America, Inc.,. Riess Corporation, Cenit North America, Inc., and Sap America, Inc. Currently pending in Eastern District of Texas against remaining defendant.

Anti-Pinch Solutions, LLC v. BMW North America, (Dist. N.J.)

• Representing Plaintiff in action against BMW for infringement of U.S. Patent No. 5,399,950 "Automatic Venting System for a Vehicle with Obstruction Detection Utilizing Dynamically Modified Thresholds." Case is currently pending in the District of New Jersey.

U.S. Ring Binder v. World Wide Stationery Manufacturing (N.D. Ohio)

• Representing Plaintiff in antitrust matter against World Wide Stationary Manufacturing Co. Currently pending in the Northern District of Ohio.

C-Cation, Inc. v. Cequel Communications, (E.D. Mo.)

• Representing Plaintiff in patent infringement action against Cequel Communications, LLC d/b/a Sudden link Communications involving U.S. Patent No. 5,642,155 "Method and Apparatus for Supporting Two-Way Telecommunications on CATV Networks." Currently pending in the Eastern District of Missouri.

Smartphone Technologies, LLC v. HTC Corp., et al., (E.D. Tex.)

• Representing Plaintiff against HTC, Nokia, Kyocera, T-Mobile and Sony Ericsson for infringement of U.S. Patent Nos. 7,076,275 "Method and System for Single-Step Enablement of Telephony Functionality for a Portable Computer System;" 6,950,645 "Power Conserving Intuitive Device Discovery Technique in a Bluetooth Environment;" 7,506,064 "Handheld Computer System that Attempts to Establish an Alternative Network Link Upon Failing to Establish a Requested Network Link;" 7,533,342 "System and Method of a Personal Computer Device Providing Telephone Capability;" 7,693,949 "Data Exchange Between a Handheld Device and Another Computer System Using an Exchange Manager Via Synchronization;" 6,760,728 "Method and Apparatus for Importing and Exporting Directory and Calendar Information To and From Personal Information Management Applications;" U.S. Reissue Patent No. 40,459 "Method and Apparatus for Communicating Information Over Low Bandwidth Communications Networks;" U.S. Patent No. 6,317,781 "Wireless Communication Device with Markup Language Based Machine Interface;" and 6,470,381 "Wireless Communication Device with Markup Language Based Machine Interface." Confidential resolution as to Nokia. Case is currently pending against remaining defendants in the Eastern District of Texas.

Optical Memory Storage, LLC v. CMC Magnetics Corp. (E.D. Mich.)

• Representing Plaintiff in patent infringement action against CMC Magnetics Corp., Hotan Corp., Fujifilm Holdings Corp., Fujifilm Holdings America Corp., Fujifilm North America Corp., F/K/A Fujifilm U.S.A., Inc., Fujifilm Recording Media U.S.A., Inc., Hewlett-Packard Co., Imation Corp., Moser Baer India Limited, Ritek Corp., Advanced Media, Inc., Koninklijke Philips Electronics N.V., Philips Electronics North America Corp., Panasonic Corp., Panasonic Corp. of North America, and Wal-Mart Stores, Inc., involving U.S. Patent Nos. 5,128,099 "Congruent State Changeable Optical Memory Material and Device," 6,011,757 "Optical Recording Media Having Increased Erasability," and 5,335,219 "Homogenous Composition of Microcrystalline Semiconductor Material, Semiconductor Devices and Directly Overwritable Memory Elements Fabricated Therefrom, and Arrays Fabricated From the Memory Elements." Case is currently pending in the Eastern District of Michigan.

Walker Digital, LLC v. Fandango, Inc., et al. (Dist. of Delaware)

• Representing Plaintiff in patent infringement action against Fandango, Inc., Expedia, Inc., Amazon.Com, Inc., Ebay, Inc., American Airlines, Inc. And Zappos.Com, Inc., involving U.S. Patent Nos. U.S. Patent No. 7,831,470 "Method and Apparatus for Facilitating Electronic Commerce Through Providing Cross-Benefits During a Transaction" and U.S. Patent No. 7,827,056 "Method and Apparatus for Facilitating Electronic Commerce Through Providing Cross-Benefits During a Transaction." Case is currently pending in the District of Delaware.

IEE and Delphi v. Vehicle Occupant Sensing Systems, (E.D. Mich.)

• Representing declaratory judgment counter-claimant against IEE and Delphi for infringement of U.S. Patent Nos. 6,292,727 "Vehicle Occupant Presence and Position Sensing System," 6,968,263 "Vehicle Occupant Presence and Position Sensing System" and 7,542,836 "Vehicle Occupant Presence and Position Sensing System." Case is currently pending in the Eastern District Michigan.

EMSAT and Location Based Services v. T-Mobile USA, (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against T-Mobile for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. Cellco Partnership d/b/a Verizon Wireless, (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against Cellco Partnership for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. Alltel Corp., (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against Alltel Corporation for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. Sprint Spectrum LP, et al., (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against Sprint Spectrum LP, Sprint Communications Co. LP, Nextel Operations Inc., Nextel West Corp., Nextel of California Inc., Nextel Communication of the Mid Atlantic, Inc., Nextel of New York Inc., Nextel South Corp., Nextel of Texas Inc., Boost Mobile Inc. and Boost World Wide Inc. for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. Tracfone Wireless Inc., et al., (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against Tracfone Wireless Inc., MGA Entertainment Inc., Ace Cash Express Inc. and Ztar Mobile Inc. for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. United States Cellular Corp., (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against United States Cellular Corp. for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.

EMSAT and Location Based Services v. Virgin Mobile U.S.A. LP, et al., (N.D. Ohio)

• Representing Plaintiffs in patent infringement actions against Virgin Mobile U.S.A. and kajeet Inc. for infringement of U.S. Patent Nos. 6,847,822 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions" and 7,289,763 "Cellular Telephone System that uses Position of a Mobile Unit to Make Call Management Decisions." Case is currently pending in the Northern District of Ohio.