Ahtoosa A. Dale

Patent, Trade Secret, and Other Intellectual Property Litigation

• TMT Systems, Inc. v. Medtronic, Inc. (W.D. Tex.) Trial counsel for defendant Medtronic in a patent infringement suit relating to a patent on a design for an abdominal aortic aneurysm stent graft. The trial resulted in a mistrial due to a hung jury, but post-trial, Ahtoosa and her team at Winston were able to get a new favorable claim construction ruling that resulted in a stipulation of noninfringement.
• Hardin et al. v. Samsung Electronics Co., Ltd. (E.D. Tex.) Trial counsel for Ryan Hardin and Andrew Hill, inventors on a patent related to geofencing technology, in a patent infringement suit brought against Samsung. After prevailing for the inventors on key claim construction, summary judgment, and Daubert issues, the case settled days before trial.
• Freshworks v. LiveHelpNow, LLC (D. Del.) Counsel for Freshworks in a declaratory judgment action filed against LiveHelpNow, LLC involving patents related to chat software. After extensive disputes relating to venue, including a parallel action filed in the Western District of Texas, the case settled.
• Sieler v. Atieva Inc. (N.D. Cal.) Counsel for Atieva Inc. in a patent inventorship dispute with a former employee, which also included counterclaims for breach of contract, among others. Case settled shortly before trial after summary judgment motions filed by Atieva.
• Match Group v. Muzmatch Limited (W.D. Tex.) Counsel for defendant in a case involving claims of trademark infringement, patent infringement, trade dress infringement, trademark dilution, and unfair competition. After extensive motion to dismiss briefing, the parties reached a resolution.

Commercial Litigation and Other Matters

• Unbnd Group Pty Ltd. v. Park Lane, LLC et al. (FINRA Arbitration and S.D.N.Y.) Trial counsel in a FINRA arbitration involving contractual and business tort claims, where opposing party sought approximately US$3 million in damages from client Unbnd and sought significant equitable relief in the form of equity in the company. After a six-day evidentiary hearing, the FINRA arbitration panel rejected the opposing party’s request for more than US$3M and agreed with Unbnd’s position on equity in the company. The Southern District of New York confirmed the award on appeal, and awarded attorney’s fees to Unbnd for the appeal.
• Ranieri et al. v. AdvoCare International LP et al. (N.D. Tex.) Counsel for defendant AdvoCare in a class action lawsuit involving pyramid scheme allegations and claims of RICO violations, securities laws violations, and others. Hundreds of millions of dollars were at issue. Won multiple motions to dismiss, including getting the RICO claims dismissed. Class settlement was reached during class discovery.

Ahtoosa Dale is a trial lawyer with a focus on patent litigation and complex disputes. She combines her technical and legal training to focus on IP litigation spanning multiple technologies and business disputes spanning various industries. 

Ahtoosa focuses her practice on complex commercial litigation in various industries and IP litigation across differing technologies. She advises industry-leading clients on intricate business matters and IP-related issues across a broad spectrum of technologies, such as computer systems and architectures, virtual systems, mobile applications, networking, and medical devices. She also has experience representing corporations and individuals in business matters including intellectual property, employment and business disputes, class actions, consumer privacy, and product liability.

Ahtoosa has been a team member in several trials. Her courtroom and stand-up experience span multiple venues, as she has significant experience arguing hearings in both trial court and arbitration settings, taking and defending witnesses at depositions, preparing witnesses to give testimony at trials and hearings, drafting substantive briefs in both trial and appellate court, and putting on and cross-examining witnesses at trial. She also spent three months on loan as an assistant district attorney in Dallas County, where she tried numerous criminal jury trials to verdict. Early in her career, she served as second chair in a civil pro bono trial in federal court, representing and successfully obtaining all requested relief on behalf of an inmate in Texas state prison related to his ability to practice certain religious tenets while imprisoned.

Prior to joining the firm, Ahtoosa served as a Judicial Clerk for the Honorable Kimberly Priest Johnson for the U.S. District Court Eastern District of Texas. She has undergraduate degrees in computer engineering and mathematics and has experience as a software developer for hospital e-documentation applications. Ahtoosa has a working knowledge of C++, Java, C#, and XML.