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Representative Cases

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In-Depth

PATENT LITIGATION

MEDICAL DEVICE

Airmid IP v. Terumo Cardiovascular Systems, Inc. (E.D. Mich.) – Lead counsel for defendant Terumo in patent case involving Terumo’s ROCSafe perfusion circuit.  Case pending. 

 

B. Braun Melsungen AG, & B. Braun Medical Inc. v. Terumo Medical Corporation & Terumo Corporation (D. Del.) – Lead counsel for defendant Terumo in a patent case involving the Terumo Surshield Safety I.V. Catheter.  Co-lead counsel at trial in which jury found non-infringement or invalidity on 16 of 17 asserted claims.  Case settled favorably. 

 

Maquet v. Terumo (N.D. Cal.) and In the Matter of Certain Vein Harvesting Surgical Systems and Components Thereof (ITC) – Lead counsel for defendant Terumo in district court and ITC cases involving Terumo’s VirtuoSaph Endoscopic Vein Harvesting System.  Both cases settled favorably. 

 

Cobe Cardiovascular, Inc., and Sorin Group Deutschland GMBH v. Terumo Cardiovascular Systems Corporation (D. Minn.) – Lead counsel for defendant Terumo Cardiovascular in a patent case involving heart-lung machines.  Case settled favorably. 

 

Fresenius USA Inc. v. Baxter International Inc., et al.  (N.D. Cal.) – Trial counsel for Fresenius in a patent case involving four patents relating to hemodialysis machines. Jury returned verdict for Fresenius invalidating all asserted claims on all patents. Baxter sought $87 million in damages and an injunction barring Fresenius from selling its “Fresenius 2008K” hemodialysis machine.

 

Baxter Healthcare Corp., and DEKA Corp. v. Fresenius Medical Care Holdings Inc., et al. (N.D. Cal.) – Patent case involving peritoneal dialysis cyclers in which Baxter and DEKA asserted nine patents against the Fresenius Liberty Cycler, including several patents on which world famous inventor Dean Kamen was lead inventor.  Obtained dismissal of seven patents before trial and jury verdict of of non-infringement on two remaining patents. 

 

Pacesetter, Inc. v. Cardiac Pacemakers, Inc. – (D. Minn.) Represented Pacesetter, Inc., a division of St. Jude Medical Products, in a patent infringement action involving implantable pacemakers and defibrillators resulting in a jury verdict of infringement and damages in the amount of $9.675 million.

 

Aearo Company and Cabot Safety Intermediate Corporation v. Minnesota Mining and Manufacturing – (S.D. Ind.) Defeated a preliminary injunction which included a two-day evidentiary hearing. Thereafter, defended 3M in a patent infringement case in which plaintiffs asserted two design patents and one utility patent against certain 3M hearing protection products. Obtained summary judgment of non-infringement on one patent and shortly thereafter case settled favorably on the remaining two patents.

 

MINING AND HEAVY EQUIPMENT

 

Leroy G. Hagenbuch v. Komatsu America Incorporated (C.D. Ill.) – Co-lead counsel for defendant Komatsu in nine-patent case involving Hagenbuch patents relating to on-board weighing systems on mining equipment.  Case pending. 

 

Condatis LLC v. ARINC Inc., et al. (E.D. Tex.) –Counsel for Komatsu in patent case involving Komatsu’s Komtrax and Komtrax Plus fleet management systems.  Case settled favorably.

 

Innovative Global Systems v. Volvo Construction Equipment North America, et al. (E.D. Tex.) – Counsel for Komatsu in patent case involving Komatsu’s Komtrax and Komtrax Plus fleet management systems.  Case settled favorably.

 

MECHANICAL

 

Cutsforth Products, Inc. v. Fulmer Company and Westinghouse Air Brake Technologies Corporation (D. Minn) – Lead counsel for plaintiff Cutsforth in patent case involving patents on Cutsforth’s EASYChange Removable Brush Holder.  Case pending. 

 

Tower Reinforcement, Inc. v. Crown Castle et al (S.D. Ind.) – Lead counsel for plaintiff Tower in patent case involving patents on reinforcing systems for monopole towers.  Case pending. 

 

Rosen’s v. Van Diest Supply, West Central, and Pro Tech (D. Minn.) – Lead counsel for Rosen’s in patent case involving particulate matter dispensers. Case settled favorably.

 

ELECTRICAL/COMPUTER TECHNOLOGY

 

Mosaid v. Digi International, Inc. et. al. (E.D. Tex.) – Lead counsel for defendant Digi in patent case involving certain Digi WiFi products.  Case settled favorably. 

 

Advanced Processor Technologies LLC, v. Digi International, Inc. et al. (E.D. Tex.) – Lead counsel for defendant Digi in patent case involving patents relating to data processors having an address translation buffer with variable page sizes.  Case settled favorably.

 

Universal Surveillance v. Sensormatic Electronics (S.D. Fla.) – Lead counsel for patentee, Sensormatic, in patent case involving electronic article surveillance tags. Jury verdict of infringement. Verdict affirmed on appeal.

 

Intergraph Hardware Technologies v. Texas Instruments (E.D. Tex.) – Counsel for Texas Instruments in multi-patent case involving parallel processing microprocessors. Case settled favorably.

 

Seikoh Giken v. Domaille Engineering (D. Del.) – Lead counsel for Domaille Engineering in patent infringement case involving optical fiber polishers.  Case settled favorably.

 

Telular v. Vox2 – (N.D. Ill.) Counsel for Vox2 in patent litigation involving cellular telephone interface technology. Defeated motion for preliminary injunction with Court finding all four preliminary injunction factors favored Vox2. Case settled favorably.

 

E-Tek Dynamics Inc. v. Oplink Communication – (N.D. Cal.) Represented Oplink in defense of multiple patent infringement claims involving fiber optic DWDM technology. Case settled favorably.

 

Chorum Technologies v. Oplink Communication, et al. – (N.D. Tex.) Represented Oplink in defense of multiple patent infringement claims involving fiber optic DWDM technology. Case settled favorably.

 

CONSUMER PRODUCTS

 

Mann Design v. Bounce, Inc. (D. Minn.) – Counsel for Bounce, Inc. in patent litigation involving chewable pet toys.  Successfully obtained transfer of case to Bounce, Inc.’s home venue. Case settled favorably shortly thereafter. (Opinion published at 138 F. Supp. 1174.)

 

TRADEMARK, TRADE SECRET, TRADE DRESS LITIGATION

 

Amazon Bookstore Cooperative v. Amazon.com (D. Minn.) – Lead counsel in a trademark infringement case brought by Amazon Bookstore Cooperative, an independent Minneapolis bookstore, against Amazon.com. The lawsuit was one of the first cases to involve a dispute over trademark rights between a traditional “brick and mortar” retailer and a pure e-commerce retailer. As such, it was widely followed both within the intellectual property world and the media as a whole. Case successfully settled (named the best settlement of 1999 by Minneapolis/St. Paul Citypages newspaper).

 

Alcatel USA v. Cisco Systems (D.C. Cir.) – Counsel for Alcatel USA in theft of trade secret case involving digital cross-connects for telecommunications networks.  Case settled favorably. 

 

Rave Sports v. Overtons, Inc. and Aqua Sports Technology, Inc. – (D. Minn.) Lead counsel for  Rave Sports against Overtons in a Lanham Act unfair competition action involving water trampolines. Case settled favorably.

 

TeleMatrix, Inc. v. Millennium Products, Inc. – (N.D. Ill.) Lead counsel for TeleMatrix, the second largest manufacturer of hotel telephones, in trade dress infringement action.  Obtained an injunction as well as an agreement that all infringing products be sold outside the United States.