Walden, S. Calvin

S. Calvin Walden

S. Calvin Walden is a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group. He joined the firm in 2000.

Practice

Mr. Walden's practice focuses on intellectual property advice and litigation, with an emphasis on patent litigation and IP-related arbitrations and licensing disputes, and on advising clients concerning intellectual property asset management, new products and licensing issues. Mr. Walden has served as counsel for a broad range of clients, including public companies, private high technology and medical technology companies, and companies in the graphic arts.

Mr. Walden has argued and tried cases in federal district courts across the country, and has successfully argued in the Federal Circuit, the Second Circuit Court of Appeals, and before the International Trade Commission. He has extensive first-chair experience arbitrating computer software cases in the AAA/ICDR.

Professional Activities

Mr. Walden is a member of the American Bar Association, the New York State Bar Association and the New York City Bar Association.

Experience

    • Successfully argued before the Federal Circuit the review of a district court’s dismissal of a case brought pursuant to 35 U.S.C. § 146; Federal Circuit affirmed that the district court lacked subject matter jurisdiction over an appeal of an interference under § 146 based on changes made in the AIA, and further affirmed that interference estoppel was correctly applied in the underlying interference. The Federal Circuit awarded costs. Read the Federal Circuit decision and listen to the oral argument.  
    • Successfully argued a four-patent case before the Federal Circuit; obtained reversal of all four summary judgment non-infringement verdicts, and remand to the district court for trial. Case is still pendingRead the Federal Circuit decision and listen to the oral argument.
    • Successfully tried a complex computer software case in the AAA/ICDR 
    • Was a member of the team that successfully tried a high-profile smartphone litigation leading to a jury verdict of over $1 billion
    • Successfully tried, and sustained on appeal, a 17-day bench trial resulting in a ruling that six patents were unenforceable as a result of inequitable conduct by the patentee and in an award of $2.74 million in attorneys' fees
    • Obtained a summary judgment of non-infringement, sustained on appeal, in a digital imaging patent case pending in the District of Delaware
    • Successfully represented a manufacturer of GPS chips and software as a complainant in a Section 337 proceeding before the ITC, resulting in a finding of a violation based on infringement of all six asserted patents
    • Successfully represented a digital camera technology company as a complainant in a Section 337 proceeding before the ITC against two cellular handset manufacturers, resulting in a finding of violation based on infringement of both asserted patents

Insights & News

Credentials