Litigation
Untitled case
unknown1:16-cv-01647
Patents at issue (1)
Summary
Google Patents' litigation annotation for US 7,924,156 lists a case filed in the United States Court of Federal Claims under case number 1:16-cv-01647. The parties were not captured or verified in the narrative; it may be a Colby/assignee-side §1498-type action against the United States, but that is an inference only.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
I'll research this case using web searches.
Let me search more specifically.
I've identified the case. Now let me dig into the details.
Case Overview: Mynette Technologies, Inc. v. United States, No. 1:16-cv-01647 (Fed. Cl.)
Correction to the existing summary first: the caption is not untitled, and the '156 patent is not the only patent at issue.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
I'll research this case thoroughly. Let me start with several parallel searches.
I found the case: Mynette Technologies, Inc. et al v. United States (Fed. Cl. 1:16-cv-01647). Let me dig into the key rulings and docket.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Carr & Ferrell
- Robert J. Yorio · lead counsel
I'll start by researching this case and its docket.
Now let me dig into the docket and appearances for plaintiffs' counsel.
Let me check the full docket for attorney appearances and any co-counsel.
Plaintiff's Counsel of Record — Mynette Technologies, Inc. v. United States, No. 16-1647 (Fed. Cl.) (1:16-cv-01647)
Case identification (correcting the placeholder summary): The case is Mynette Technologies, Inc. and Steven M. Colby v. The United States, filed December 14, 2016 in the U.S. Court of Federal Claims under 28 U.S.C. §1491 (Tucker Act), assigned to Chief/Senior Judge Susan G. Braden and later Judge Ryan T. Holte. Plaintiffs are Mynette Technologies, Inc. (a Delaware NPE incorporated July 7, 2016) and Steven M. Colby, the sole inventor of the asserted patents ('425, '156, '458, '777). Intervenor-defendants were Unisys (early) and later Gemalto, Inc. and IDEMIA Identity & Security USA LLC. The case settled in 2025 for a $5.5M lump sum against the United States (ECF 209, 210).
Counsel of Record
Robert J. Yorio — Lead (and sole) counsel of record for Plaintiffs
- Firm/office: Carr & Ferrell LLP. At filing: 120 Constitution Drive, Menlo Park, CA 94025 (ECF 1; ECF 58). After a September 2022 change of address: 411 Borel Avenue, Suite 603, San Mateo, CA 94402 (ECF 152, filed 09/09/2022; confirmed on the final stipulation, ECF 210, 09/22/2025). Co-Chair of the firm's Litigation Practice Group (firm bio).
- Basis: He signed the original Complaint (ECF 1, Dec. 14, 2016); the Amended Complaints (ECF 12; ECF 33, Mar. 30, 2018); the Revised Joint Claim Construction Statement (ECF 58, Mar. 16, 2018); the Notice of Change of Address (ECF 152); and the Joint Motion for Order of Judgment (ECF 210, Sept. 22, 2025). The court's claim construction opinion and the 2022 sanctions opinion both identify him by name as "Counsel for Plaintiffs." (ECF 68 opinion; ECF 210)
- Relevant experience/notability: Longtime IP litigator (CA Bar No. 93178) whose practice spans patent, trade secret and complex commercial litigation in electronics/semiconductor/software fields. Notable matters from his firm bio include Burst.com v. Microsoft (obtained a $60M settlement after claim construction), Apple Computer v. Burst.com, Acticon Technologies v. Adaptec/Iomega, Positive Light v. Quantronix, and defense-side work for Trend Micro and Atmel.
- Unusual fact worth flagging: Yorio's role in this case was itself the subject of extended litigation. The defendants moved for terminating sanctions, arguing Yorio failed to disclose that he was simultaneously a director, shareholder, and former VP/CFO of plaintiff Mynette (and that his firm's fee recovery was contingent on the outcome) while negotiating an attorneys'-eyes-only protective order. The court (Judge Holte) issued a reported opinion resolving that motion — Mynette Techs., Inc. v. United States, 163 Fed. Cl. 733 (2022) — and found Yorio was not "inside counsel" and had not violated the protective order, though it imposed sanctions for the nondisclosure. This context is directly relevant to any "role" characterization: he functioned as outside/contingency counsel, not in-house counsel, notwithstanding his board position. (See CourtListener opinion summary and ECF 155/187.)
What I could not confirm (stated explicitly, not inferred)
- No co-counsel, local counsel, or additional Carr & Ferrell attorneys appear in the filings I retrieved. The Federal Circuit/COFC does not require local counsel, so out-of-state appearance alone is consistent. I did not locate a separate notice of appearance for a second plaintiffs' attorney; every plaintiff-side signature I found is Yorio's. I therefore do not name any additional plaintiff counsel.
- Steven M. Colby is a registered patent attorney (J.D. 2004; former Carr & Ferrell patent attorney; previously Peters Verny and Royse Law; now a partner at Rimon Law, Menlo Park/Silicon Valley). However, in this case he appears as a party plaintiff, not as counsel of record — the plaintiff-side filings are signed by Yorio. Do not list Colby as counsel.
- Several filings in this case were sealed (e.g., the sealed sanctions opinion underlying ECF 153/155), so any counsel details appearing only in sealed materials would not be visible. I found no indication that any plaintiff counsel information is sealed.
Bottom line: The only counsel of record representing the plaintiffs (Mynette Technologies, Inc. and Steven M. Colby) is Robert J. Yorio of Carr & Ferrell LLP (Menlo Park, then San Mateo, California), serving as lead/sole counsel from the December 2016 complaint through the September 2025 stipulated judgment.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- U.S. Department of Justice, Civil Division, Commercial Litigation Branch
- Michel E. Souaya · lead counsel
- Conrad J. DeWitte, Jr. · of counsel
- Pepper Hamilton
- Goutam Patnaik · intervenor-defendant counsel
- Mayer Brown
- Edward D. Johnson · intervenor-defendant counsel
- In-house counsel
- Hilary S. Cairnie · former counsel
I'll research the counsel of record for the defendant(s) in this case. Since the defendant is the United States in the Court of Federal Claims, the defense would likely be handled by the Department of Justice. Let me search.
I found the key counsel. Let me verify the DOJ attorneys and the intervenor-defendant counsel with additional searches.
Based on the docket, opinions, and filings I found, here is the counsel picture for this case. One important framing note first: the named defendant is the United States, so its counsel comes from the U.S. Department of Justice, Civil Division, Commercial Litigation Branch. The private companies in the case (Gemalto, Idemia, Unisys) are intervenor-defendants/third-party defendants, not the named defendant — so I've listed their counsel separately for completeness.
1. Counsel of record for the Defendant — the United States (DOJ)
Michel E. Souaya — Lead / primary counsel of record (trial counsel)
- Firm/office: U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Washington, D.C. 20530 (mailing address: P.O. Box 480, Ben Franklin Station, Washington, DC 20044).
- Contact (from filings): michel.e.souaya@usdoj.gov, (202) 307-0334, fax (202) 307-0345.
- Note: He is the attorney most consistently signed on the Government's filings throughout the litigation — the Answer to the Second Amended Complaint (ECF 71), the Joint Motion to Amend Schedule, the Motion to Stay, and ultimately the Notice of Settlement and Joint Stipulation for Entry of Judgment (ECF 209, Aug. 29, 2025). CourtListener lists him as the attorney "to be noticed" for the United States. This is a § 1498 patent case, so his role is the Government's core § 1498/patent-defense counsel.
Conrad J. DeWitte, Jr. — Of Counsel (DOJ)
- Firm/office: Department of Justice, Washington, D.C. (listed "Of Counsel" beneath Souaya's signature block on multiple filings, e.g., ECF 58, 100, 128, 207).
- Note: Career DOJ Commercial Litigation Branch attorney with extensive patent/takings litigation experience; appears as "of counsel" on the Government's briefs rather than as the noticing attorney.
Institutional signatories (NOT individual counsel of record — do not treat these as the case attorneys): The signature blocks also carry the names of the DOJ officials who supervise the Branch in their official capacity — e.g., Brett A. Shumate / Scott Bolden / Joseph H. Hunt / Chad A. Readler (Assistant Attorneys General or Directors), and Gary L. Hausken (Director, Intellectual Property Staff). These appear on Government filings as supervisory/administrative signatories; the working counsel of record is Souaya. I would not list them as the defendant's litigation counsel.
I was unable to confirm any additional individually named DOJ line attorneys beyond Souaya and DeWitte (my follow-up searches on Souaya's and DeWitte's biographies returned nothing usable before I ran out of search steps). I did not find any separate "local counsel" or outside-firm counsel retained by the United States — the Government is represented by the DOJ in-house Branch.
2. Counsel for the Intervenor-Defendants (private parties)
These parties are not the named "defendant," but they litigated the case alongside the Government and appear on defense-side filings:
Goutam Patnaik — counsel for Intervenor-Defendant Unisys Corporation
- Firm/office (as of this case): Pepper Hamilton LLP, Washington, D.C.
- Note: The docket shows a consented motion substituting Goutam Patnaik for Hilary S. Cairnie as counsel for Unisys (ECF ~52), and Patnaik filed Unisys's Answer to the Second Amended Complaint (Apr. 2018). Pepper Hamilton later merged into Troutman Pepper (and later Troutman Pepper Locke), so his current affiliation may differ — verify if you need his present firm.
- Caveat: I did not independently confirm Patnaik's patent-litigation history from a firm bio within my search budget.
Hilary S. Cairnie — former counsel for Unisys (superseded)
- Note: Originally counsel for intervenor-defendant Unisys; replaced by Goutam Patnaik per the docket substitution motion. Flagging so the historical record isn't misattributed.
Edward D. Johnson — counsel for an intervenor-defendant (Gemalto / Idemia side)
- Firm/office: Mayer Brown LLP, Two Palo Alto Square, Suite 300, 3000 El Camino Real, Palo Alto, CA 94306; (650) 331-2000; wjohnson@mayerbrown.com.
- Note: Appears on a Nov. 5, 2021 filing in the case. Mayer Brown's Palo Alto office handled the RFID/passport-industry intervenor-side defense. (I could not, within budget, confirm a fuller individual case list for him.)
Counsel for Gemalto/Idemia generally: The opinions reference "Gemalto's counsel" and "counsel for Idemia" arguing at oral argument and in the CNS/sanctions briefing (e.g., ECF 155, 187), but the CourtListener document text I retrieved did not surface the individual names of those attorneys in the snippets. I therefore cannot name them without more sourcing and will not guess.
Important caveats
- The case is over. Judgment entered Sept. 25, 2025 (ECF 212), awarding plaintiffs a $5.5M lump sum pursuant to the parties' stipulated judgment (ECF 211, granted Sept. 24, 2025). So any "counsel of record" list is a historical snapshot; some appearances may have changed or been withdrawn before settlement.
- Do not treat the DOJ supervisory names (Shumate, Bolden, Hunt, Readler, Hausken) as the defendant's counsel of record — they sign in an official capacity.
- I could not independently verify the biographical/experience details for Souaya, DeWitte, Patnaik, or Johnson via firm or DOJ bios — those searches returned no usable results in this session. I've described their roles strictly from the filings and docket where their names actually appear, and I flagged the one item I'm relying on external knowledge for (the Pepper Hamilton → Troutman Pepper merger).
- There is a referenced "Brian M." in one 2021 signature context; I could not confirm this as a distinct counsel name for this case and am not listing it.
If you can pull the ECF docket sheet directly (PACER) for entries on the appearance forms (DOJ "Notice of Appearance") and the Gemalto/Idemia appearances, that would nail the complete individual roster — my web results gave the Government side cleanly but were incomplete on the intervenor side.