Chad Pannell

PRACTICE AREAS

  • Patent Litigation
  • Appellate Representation
  • Inter partes reviews (PTAB)
  • Intellectual Asset Portfolio Management
  • Technology Licensing

Bar Admissions

  • Georgia

Court Admissions

  • Eleventh Circuit Court of Appeals
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Dist. Ct. (ND Ga.)
  • All State and Superior Courts of Georgia
  • U.S. Dist. Ct. (MD Ga.)

Awards & Honors

  • Super Lawyers Georgia Rising Star – IP Litigation, 2009, 2011­–2016, 2019
  • Intellectual Asset Management 2017 IP Star
  • Georgia Trend Legal Elite for Intellectual Property Law, 2012, 2017, 2019
  • Linn Inn Alliance Distinguished Service Medal, 2014
  • Federal Circuit Bar Association service recognition, 2010, 2011

Education

  • University of Georgia, J.D. (2004) magna cum laude, Order of the Coif
  • Georgia Institute of Technology, B.Ch.E. with high honors, 1999

Charles A. “Chad” Pannell III

Partner

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Chad Pannell joined AddyHart P.C. as a partner in 2020 with more than fifteen years as an outside counsel, including at an AmLaw 100 firm. Pannell has extensive experience in all aspects of patent, trademark, and trade secrets litigation, including trials in U.S. district courts across the country, at the U.S. International Trade Commission (ITC) and before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office.

Pannell focuses his practice on technology litigation and intellectual property disputes involving patents, trade secrets, trademarks, false advertising, and copyrights, and he advises clients about IP litigation and strategies for enforcing their rights. He has appeared before courts all over the U.S., including district courts in California, Texas, Delaware, Georgia, Washington and New York, the ITC, and the U.S. Court of Federal Claims. Pannell has also been appointed as a Special Master in U.S. district court to oversee patent disputes. 

Pannell has managed all aspects of litigation for companies large and small, from discovery to jury trials and appeals. In addition to many successful settlements and judgments, he successfully litigated a three-week patent infringement jury trial on internet network security devices and a two-week patent infringement bench trial on microbial cleaning.

A chemical engineer before attending law school, Pannell’s experience encompasses a wide range of technologies across industry, including avionics, military technologies, computer software and hardware, geospatial positioning systems (GPS), thermal imaging, virtual reality, mobile applications and Internet technologies, energy efficiency and “green” technologies, textiles and clothing technologies, telecommunications, metals refining and processing, industrial equipment and processes, chemicals, medical and medical monitoring devices, and 3D printing and printing technologies.

In addition to his extensive experience in litigation, Pannell advises companies on protecting patent portfolios and performs due diligence to help them avoid IP disputes. He has developed methods of reviewing and analyzing hundreds of patents for clients on a cost-effective basis.

Prior to joining AddyHart, Pannell was Counsel at an AmLaw 100 law firm in Atlanta; before that he was an IP litigation associate in another Atlanta firm. Prior to that, he was a law clerk to Judge Arthur J. Gajarsa on the U.S. Court of Appeals for the Federal Circuit in Washington DC. He previously was a law clerk to Judge Stanley F. Birch on the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.

Prior to attending law school, Pannell worked as an engineer at Honeywell International, Inc. in Richmond, Virginia, where he was involved in research and development for nylon polymer products, and as a Co-op Environmental Engineer for Delta Air Lines, Inc. in Atlanta, Georgia.

Pannell was recognized by Super Lawyers magazine as a Georgia “Rising Star” in the area of Intellectual Property Litigation in 2009, from 2011 to 2016, and in 2019. He was named a 2017 “IP Star” by Managing Intellectual Property magazine and was recognized as one of Georgia Trend’s “Legal Elite” for Intellectual Property Law in 2012, 2017, and 2019. Pannell received the Linn Inn Alliance Distinguished Service Medal in 2014 for his outstanding service in helping to bring the American Inn of Court experience to the intellectual property community, and he was recognized in 2010 and 2011 by the Federal Circuit Bar Association for his pro bono activity in the Circuit community. Pannell is a longtime volunteer and leader at Boy Scouts of America as a Cubmaster, Adult Leader Trainer and Troop Committee member, and he is involved in district fundraising.

Pannell earned his J.D. magna cum laude at the University of Georgia in 2004 and a B.S. in chemical engineering with high honors from the Georgia Institute of Technology in 1999.

  • Representative Cases: Federal Circuit and PTAB

    • Fintiv, Inc. v. PayPal Holdings, Inc. (Fed. Cir.) Represent appellant patentee on appeal of an adverse decision from the W.D. Texas on a patent relating to digital wallet technology.
    • Mozido, Inc. v. Apple Inc. (Fed. Cir.) Represent appellant patentee on multiple appeals from PTAB decisions relating to patents on digital wallet technology.
    • Fintiv, Inc. v. Apple Inc. (Fed. Cir.) Represent appellant patentee on appeal from a PTAB decision relating to a patent on digital wallet technology.
    • Meta Platforms Inc. v. Thales Visionix, Inc. Represent patentee Thales Visionix, Inc. in defense of eight inter partes reviews filed by Meta Platforms Technologies on Thales’ portfolio of patents related to interactive gaming.
    • CoolTV v. Blackboard. Represent appellant on appeal of a summary judgment decision relating to indefiniteness of video software patent. Pending.
    • Thales Visionix, Inc. v. United States and Elbit Systems of America. Represented defense contractor-plaintiff patentee before the Court of Federal Claims in litigation about technology supporting the inertial navigation system in pilot helmets in the F-35 Joint Strike Fighter. Settled case on terms favorable for our client.
    • RideApp, Inc. v. Lyft, Inc. Represented appellant on appeal of a summary judgment decision relating to section 112 indefiniteness regarding mobile applications for location tracking and ride hailing systems.
    • Mexichem Amanco Holding S.A. v. Honeywell Int’l. Inc. Represented appellant on appeal of a decision of the US Patent and Trademark Office’s Patent Trial and Appeals Board (PTAB) to uphold a patent related to hydrofluorocarbons (HFO) refrigerants in automobile air-conditioning systems. Case settled.
    • Honeywell Int’l. Inc. v. Mexichem Amanco Holding S.A. Represented appellee on two appeals of PTAB decisions invalidating patents related to HFO refrigerants used in air-conditioning systems. Case settled.
    • Chemfree Corp. v. J. Walter, Inc. Successfully defended J. Walter from patent infringement claims related to microbial cleaning.
    • SRI International v. Internet Security Systems, Inc. Defended Internet Security Systems in patent jury trial and appeal regarding Internet monitoring and intrusion detection security software. Verdict and judgment of non-infringement on three asserted patents was affirmed on appeal.
    • Honeywell v. United States. Defended defense contractor in appeal of patent infringement suit against United States related to night vision goggles and aircraft display systems.

  • Representative Cases in the District Courts

    • Gentex Corporation, et al. v. Meta Platforms Technologies, LLC 22-cv-08392 (N.D. Cal. 2022). Represent plaintiff Thales Visionix, Inc. in litigation against Meta for infringing five patents related to interactive gaming.
    • Healthier Choices Mgmt v. Philip Morris (N.D. Ga.). Successfully defended accused infringer in patent infringement suit relating to e-cigarette patents. Court granted motion to dismiss for non-infringement and awarded client $575,000 in attorneys fees and expenses.
    • Karmagreen v. MRSS (N.D. Ga.). Appointed special master in patent infringement case to oversee discovery and claim construction involving drug supplement patent.
    • Thales Visionix, Inc. v. United States and Elbit Systems of America. (Ct. of Fed. Claims). Represented defense contractor-plaintiff patentee before the Court of Federal Claims in litigation about technology supporting the inertial navigation system in pilot helmets in the F-35 Joint Strike Fighter. After appeal to the Federal Circuit, parties settled on terms favorable to client.
    • Triple T Enterprises v. KFC (D. Idaho). Represented trademark owner Triple T Enterprises in suit against KFC for infringement of “Smoky Mountain” trademark rights. Case settled on favorable terms.
    • MModal v. Nuance (N.D. Ga.). Representing defendant and counterclaim plaintiff in multi-patent infringment litigation over voice recognition technology for the medical industry.
    • Gebo Cermex, Inc. v. ACMI USA, Inc. (N.D. Ga.). Represented patent owner, Gebo Cermex, in assertion of patent infringement related to bottling conveyor systems.  Case settled favorably.
    • Arconic v. Novelis (E.D. Penn.). Represented Defendant Novelis in trade secret misappropriation case brought by its primary competitor regarding chemical bonding treatment used for automotive aluminum (most notably on the Ford F-150). Case pending on various grounds, but trade secret claims were rejected on a summary judgment.
    • Corus Realty Holdings, Inc. v. Zillow Inc. (W.D. Wash.). Represented patent owner Corus Realty in patent infringement litigation relating to mobile applications and GPS location technology for conducting real estate searching and listing.
    • adidas v. Under Armour (D. Del.). Represented patent owner adidas in a suit against its competitor for infringement of large portfolio of patents covering mobile fitness tracking software applications. Litigation entailed extensive discovery in the U.S. and Europe. Case resulted in favorable claim construction, summary judgment denials, and settlement.
    • RealTek Semiconductor Corp. v. LSI Corp. (N.D. Cal.). Represented patent owner in breach of contract suit regarding wireless internet technology, which resulted in the first jury trial in the country to set the royalty rate for standard essential patents.
    • Merial, Inc. v. True Science Holdings, LLC (M.D. Ga.). Defended True Science Holdings in false advertising and breach of contract suit. Plaintiff requested a preliminary injunction that was denied after an extensive evidentiary hearing.
    • adidas v. ASICS (D. Del.). Represented patent owner adidas in a suit against competitor for infringement of large portfolio of patents covering mobile fitness tracking software applications. Case favorably settled.
    • Wi-Lan v. Toshiba (S.D. Fla.). Represented patent owner in patent infringement suit over television display technology that went from filing to trial in one year, involving more than 40 depositions including ten multi-day and multi-lingual depositions in Japan and Korea. Managed all substantive infringement, invalidity, and technical issues in the case, including all technical experts.
    • Chemfree Corp. v. J. Walter, Inc. (N.D. Ga.). Successfully defended J. Walter from patent infringement claims related to microbial cleaning. After bench trial, all asserted patent claims were held invalid for obviousness.
    • SRI International v. Internet Security Systems, Inc. (D. Del.). Defended Internet Security Systems in patent jury trial and appeal regarding Internet monitoring and intrusion detection security software. Obtained verdict and judgment of non-infringement on three asserted patents. Affirmed on appeal.
    • Flash3D v. Facebook (D. Del.). Represented Facebook in defending against patent assertion related to website organization. Case settled favorably.
    • Taylor v. IBM (E.D. Tex). Counsel for defendant IBM in a patent infringement suit concerning software optimization patent that resulted in a summary judgment of patent invalidity and favorable settlement.
    • Valmet, Inc. v. Andritz (USA) Inc. (N.D. Ga.). Defended Andritz in patent infringement and breach of contract assertion related to dust collection patent technology. Case settled favorably.
    • NXEGEN, LLC v. Comverge, Inc. (D. Conn.). Defended smart-grid technology provider in patent infringement suit that resulted in the grant of multiple motions to dismiss and ultimately a favorable settlement.
    • Black Diamond Inc. v. Salewa North America (D. Utah). Represented defendant accused of infringing patent on rock-climbing equipment. Case settled favorably.
    • In re Katz Interactive Call Processing Patent Litigation (Multi-District Litigation). Represented defendants Cox Communications and Earthlink in multi-district patent litigation over call-processing technology.
    • Hayes v. L3 Communications (S.D.N.Y.). Represented principal manufacturer of flight data recorders (a/k/a “black boxes”) in patent infringement suit regarding fire retardant insulations used in its products. Settled favorably after discovery.
    • Riley Power v. DTE Energy Services (N.D. Ga.). Defended power provider against copyright infringement and trade secret misappropriation claims regarding coal-to-wood burning power plant conversion technology. Case settled favorably.
    • Easy IP Licenses, LLC v. New Point Media Group (W.D.W. Va.). Successfully defended New Point Media Group and its customers in a patent infringement suit regarding online real estate advertising. Case voluntarily dismissed by plaintiff.
    • Honeywell v. United States (Ct. of Fed. Claims). Defended defense contractor in patent infringement suit against United States related to night vision goggles and aircraft display systems. Case appealed up to Federal Circuit.

  • Speaking Engagements

    • Panelist, “Gaming the Patent Litigation System: Value, Venues, Verdicts & Villains,” IPWatchdog LIVE (Dallas, Tex.), 11 Sep 2022.
    • Panelist, “Expert Witnesses: Choosing, Working With and Examining an Expert in a Patent Case,” IPWatchdog LIVE (Dallas, Tex.), 24 May 2022. 
    • Panelist, “Law and Economics: Calculating Damages.” IPWatchdog LIVE 2021 (Dallas, TX).
    • Panelist, “Parallel Patent Litigation in the PTAB.” IP Watchdog PTAB Patent Masters 2021 (Online).
    • Panelist. “Federal Circuit Appeals.” Atlanta IP Inn of Court (Online). April 2022.
    • Panelist. “Top Patent Cases 2014.” Georgia Bar Association IP Section. 19 Sep 2014 (Amelia Island, Fla.)
    • “The Trouble with Trolls: What’s Broke and How Can It Be Fixed.” Association of Corporate Counsel. 9 Oct 2013. (Online)
    • “Post-trial and Appeal Best Practices.” Sedona Conference Meeting on Patent Litigation Best Practices. Washington, DC. 9 Sept 2013.
    • Lumpkin Inn of Court. Atlanta, Ga. March 2013.
    • Northern District Technology Seminar. Federal Bar Association Meeting. Atlanta, Ga. Feb 2013.
    • “America Invents Act: Changes to Patent Law.” North American Sports, Entertainment and IP Law Conference. Cancun, Mex. Nov 2012.
    • “iPad for Intellectual Property Litigators and Prosecutors.” American Intellectual Property Law Association. Nov 2012. (Online).
    • Court 101. Atlanta Bar Association Springposium. Barnsley Gardens, Ga. Apr 2012.
    • “Life, Law, & the Pursuit of Happiness.” Young Lawyers Panel American Intellectual Property Law Association. Las Vegas, Nev. Jan 2012.
    • “From the Court’s Perspective.” Atlanta Bar Association Springposium. Barnsley Gardens, Ga. Apr 2011.
    • Federal Circuit Briefing. Georgia Bar Association. Atlanta, Ga. 3 Nov 2010.
    • “What Does It Take To Become A Leader?” AIPLA Annual Meeting. Washington DC. 21 Oct 2010.
    • “From a Clerk’s Perspective.” Biotechnology Industry Organization (BIO) Intellectual Property Counsel’s Fall Conference & Committee Meeting. Washington DC. 27 Oct 2009.
    • “Recent Cases in Patent Law.” BIO Intellectual Property Counsel’s Fall Conference & Committee Meeting. New York. 2 Oct 2007.
    • “Eye on the Supreme Court: Key Patent Cases Before the Supreme Court and Their Impact on Pharmaceutical Patent Life Cycles.” American Conference Institute’s Maximizing Pharmaceutical Patent Life Cycles Conference. San Francisco. 5 Jun 2007.
    • From a Clerk’s Perspective. BIO Intellectual Property Counsel’s Spring Conference & Committee Meeting. San Diego. 1 Feb 2007.

  • Publications

    • Co-Author. Sedona Conference Patent Litigation Best Practices Guide 2013–2014.
    • “iPad for Intellectual Property Litigators and Prosecutors.” American Intellectual Property Law Association. Nov 2012.
    • Jeffrey I.D. Lewis, Charles A. Pannell, III and Yeen C. Tham. “KSR’s Impact – Did the Brake Pedal Work?” AIPLA Annual Meeting. Oct 2010.
    • Giles S. Rich Memorial Moot Court Competition Problem. AIPLA. 2009, 2010, 2011.
    • Scott A. Stinebruner & Charles A. Pannell, III. “Patent Prosecution Tips for Green Technology.” AIPLA Annual Meeting. Oct 2009.
    • Chad Pannell. “Where to File? How Congress is Reshaping the Decisions About Where to File Patent Litigation.” The IPC Legal Browser of the Federal Bar Association 1 (Fall 2009).
    • Shane Nichols & Chad Pannell. “2007 Patent Law Reform.” Published for the 19th Annual Southern Regional Entertainment & Sports Law Conference ‘s 13th Annual Intellectual Property Law Institute.

  • Professional Memberships

    • American Intellectual Property Law Association, New Lawyer’s Committee Co-Chair (2010-2012)
    • Atlanta IP Inn of Court, Founder and President (2017-2018)
    • Federal Circuit Bar Association, MSPB Pro Bono Committee Member (2009-2012)
    • Bleckley Inn of Court, Barrister (2009-2011)
    • Federal Bar Association
    • Georgia Bar Association, IP Section, CAFC to Atlanta Committee Chair (2009-2011)
    • Georgia Bar Association, Young Lawyer’s Division IP Committee, Co-Chair (2007-2009)
    • AIPLA Watson Writing Competition, Judge, 2008 and 2009