As a member of Sutherland’s Intellectual Property Practice Group and a seasoned litigator involved in complex civil matters, Ann Fort protects the intellectual property rights of numerous clients in the United States and abroad. Her comprehensive experience encompasses patent infringement, licensing disputes, trade secret protection and unfair competition. In addition to trying cases in both federal and state courts, Ann works toward alternative dispute resolution, when feasible, and represents clients in arbitrations and mediations. Her recent experience includes defending claims brought by
non-practicing entities, also known as patent assertion entities. See
http://www.npelitigation.com/ for more information.
Ann focuses her practice on technology businesses, and has handled cases involving loan and deposit pricing software, Internet-based information management systems, ground fault circuit interrupters, power management unit chips, interactive television program guides, computer network security protection systems, and medical information systems. She also has represented insurers and other financial services businesses in complex multi-party litigation where knowledge of internal business operations was essential to successful resolutions. In the pharmaceutical industry, Ann represents pharmaceutical patent owners in licensing disputes, and accused infringers of formulation patents, including in Hatch-Waxman litigation. In addition to U.S. and overseas corporations, Ann has represented university technology transfer organizations and non-profit research institutes.
An active leader in Sutherland’s pro bono program, Ann recently achieved clemency for a pro bono client on death row, representing him for more than 11 years before he was ultimately granted clemency just hours before his scheduled execution. She serves on American Bar Association and Georgia Bar committees charged with considering capital defense representation and related policy issues.
REPRESENTATIVE EXPERIENCE Ann’s recent representative experience includes:
- Project Paperless, LLC/MPHJ Technology Investments, LLC (N.D. Ga.): Presented invalidating prior art and pleaded in indemnitors as third party defendants, resulting in voluntary dismissal with prejudice of patent infringement suit. Non-practicing entity sought damages for alleged infringement of a portfolio of patents purported to cover networked use of optical scanners to convert paper documents to electronic files.
- Jack Henry & Associates, Inc. v. Epstein, et al. (Super. Ct. Cobb Cty., Ga.): Representing an industry-leading supplier of comprehensive data processing solutions for banks and other financial institutions. Obtained expedited discovery to examine marketing communications and competing product software code. Matter ongoing.
- Aldav LLC v. Cumulus Media (E.D. Tex.): Defended the U.S.’s second-largest operator of radio stations in a suit brought by a non-practicing entity asserting an Internet radio advertising patent. The case settled after limited document discovery.
- University of Georgia Research Foundation, Inc. v. KB Visions, Inc. (Super. Ct. Athens-Clarke Cty., Ga.): Won summary judgment for UGA’s technology transfer organization terminating an exclusive field of use license, and dismissing the inventor/licensee’s claims of ownership of the patent and breach of fiduciary duty in a related action.
- General Protecht Group, Inc. v. ITC (Fed. Cir.): Won Federal Circuit reversal of the ITC’s single infringement finding against our client. While the ITC’s exclusion order was in place pending appeal, obtained U.S. Customs and Border Protection approval for importation of a design-around.
- General Protecht Group, Inc. v. Leviton Manufacturing (D.N.M.): Won a preliminary injunction finding an implied license and enforcing an exclusive venue clause in a previous settlement agreement. The injunction required dismissal of related ITC and district court patent infringement claims.
- In re Gemstar Litigation (MDL/ITC): Led a team of lawyers representing a major international communications/entertainment company (Gemstar/TV Guide), in a series of cases relating to set-top box technologies, including antitrust and patent misuse claims. The case was reported to be, at one stage, the largest set of patent cases in the country, and resulted in publicly reported settlement payments exceeding $200 million.
- Internet Security Systems, Inc. v. SRI International (N.D. Ga.): Defended SRI against a declaratory judgment claim asserting patent non-infringement and invalidity related to computer network security systems. After transfer, this matter was resolved in favor of SRI.
PROFESSIONAL HONORS AND AWARDS
- Intellectual Property Community Service Award (2010)
- Named among the “Legal Elite” by Georgia Trend magazine (2006, 2007)
- Recipient of Sutherland’s first annual Charles T. Lester Pro Bono Award (2009)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Patent Strategy & Management, Board of Editors
- American Bar Association, Steering Committee, Death Penalty Representation Project
- American Bar Association, Litigation Section, Woman Advocate Committee
- State Bar of Georgia, Intellectual Property Section, Litigation Committee
- State Bar of Georgia, Post-Conviction Representation Committee
- Atlanta Intellectual Property Inn of Court, Master of the Bench
- American Intellectual Property Law Association, Women in IP Committee
- International Trade Commission Trial Lawyers Association
- TurningPoint Women’s Healthcare, Board of Directors and Executive Committee
- Hagar’s House, Decatur Cooperative Ministries, Volunteer
- Women in Technology, Board of Directors
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Commented, "Lawyers Weigh In On Obama 'Patent Troll' Initiatives," Law 360 (June 5, 2013)
- Commented, “Patent Trolls Get Warning Shot With RICO Suit," Law360 (February 08, 2013)
- Co-author, “Defending Enhanced Document Review Tools,” Executive Counsel (December 2011)
- Author, “The America Invents Act: What In-House Counsel Need To Know About Patent Reform,” Partnering Perspectives (Winter 2011)
- Author, “Hiding in Plain Sight: Avoiding Damages for Wilful Patent Infringement,” IP Value 2009 (January 2009)
- Author, “When Worlds Collide: Practical Electronic Discovery and Litigation Preparation for the CIO,” white paper for the Technology Association of Georgia (July 10, 2008)
- Author, “How CIOs Can Reduce the Expense and Headache of E-Discovery Compliance,” TechLINKS (January 2008)
- Author, “Mandatory E-Discovery: Compliance Can Create David and Goliath Issues, Reminiscent of the Early Days of Sarbanes-Oxley,” The Daily Report (March 19, 2007)
- Author, “IRS Listens to Taxpayers and Limits Taxation of Patent Cross Licenses,” Practical US/International Tax Strategies (March 15, 2007)
- Author, “Buyer Beware: When ‘All Rights’ Doesn’t Mean What You Think,” Patent Strategy & Management (August 1, 2006)
- Co-author, “Retroactive Licenses and Claim Settlements,” Patent Strategy & Management (July 1, 2006)
- Co-author, “Patent Licenses Can Create State Contacts Bestowing Personal Jurisdiction,” Intellectual Property Litigation Reporter (May 23, 2006)
- Speaker, “From Clickwrap to Cost-Shifting: Contract Disputes in the Digital World,” Institute of Continuing Legal Education in Georgia (August 24, 2012)
- Speaker, “Joint Infringement Issues – Enforcement Challenges in the Biopharma and Networking Contexts,” Federal Circuit Bar Association’s Bench & Bar Conference (June 22, 2012)
- Speaker, “Impact of Diverging Client Expectations in E-discovery,” The Cowen Group, Roundtable Discussion Leader (December 6, 2011)
- Speaker, “Selecting a Patent Suit Venue,” WRG 8th Annual Patents in Financial Services Summit (July 27-28, 2011)
- Speaker, “ESI & E-Discovery,” Ga CLE (January and March 2010)
- Speaker, “Standing and Other Pre-Suit Considerations in Patent, Trademark and Copyright Cases” (December 4, 2008)
- Speaker, Georgia State University College of Law Corporate IP Roundtable (September 9, 2008)
- Speaker, “West LegalWorks: Patent Claim Construction 2008” (February 27, 2008)
- Speaker, Protiviti Discovery Risk Management Roundtable (August 16, 2007)
- Speaker, 2nd Annual Conference on Corporate Intellectual Property in China (April 26–27, 2007)
- Speaker, Litigation Committee, IP Law Section, State Bar of Georgia (April 17, 2007)
- Speaker, Council of Appellate Lawyers & Appellate Judges Summit (November 11, 2006)