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GLANKLER BROWN, PLLC MEMBERS NAMED TO MID SOUTH SUPERLAWYERS
Fourteen attorneys from Glankler Brown, PLLC were recently selected by their peers for inclusion in Mid-South SuperLawyers.

Selected from the Memphis office are:

Louis F. Allen (Appellate)
Saul C. Belz (Business Litigation);
J. David Blaylock (Bankruptcy and Creditor-Debtor Rights Law);
Oscar C. Carr III (Business Litigation);
Lee James Chase III (Business Litigation);
B. Douglas Earthman (Real Estate)
Frank J. Glankler, Jr. (Business Litigation)
William L. Hendricks, Jr. (Business Litigation)
Charles W. Hill (Employment & Labor)
John I. Houseal, Jr. (Insurance Coverage)
R. Hunter Humphreys (Real Estate Law);
Larry H. Montgomery (Civil Litigation Defense)
George J. Nassar, Jr. (Tax Law, Trusts and Estates);
C. Barry Ward (Commercial Litigation)

Lawyers were selected for inclusion in this new edition of SuperLawyers based on peer-recognition and professional achievement including verdicts and settlements, transactions, representative clients, honors and awards, Bar and professional activity, pro bono and community service, education, and more. Each year, Law & Politics mails 23,000 ballots to active lawyers in the Mid-South, asking them to nominate outstanding lawyers they have personally observed in action. Results are collected based on these ballots and candidate research.

Glankler Brown, PLLC is a full service firm with more than 60 attorneys in offices located in downtown and East Memphis.

01-11-2007

Dow Lohnes Announces New Partner Matthew Block
Dow Lohnes PLLC has announced the election of Matthew A. Block to membership in the firm effective January 1, 2007.

Having joined Dow Lohnes in 1999, Matt Block concentrates his practice in the areas of mergers and acquisitions and general corporate matters. He has represented purchasers and sellers in a variety of transactions, including acquisitions and divestitures, auctions, joint ventures and other strategic transactions. Prior to joining Dow Lohnes, he was a litigator at the Atlanta offices of two large law firms where he represented clients in commercial disputes and product liability cases. Matt Block attended the University of Michigan where he received his B.A., with distinction in 1991 and the University of Michigan Law School where he earned his J.D., cum laude in 1994.

01-11-2007

Supreme Court Provides Standing for Licensees to Challenge Patents
The United States Supreme Court (“Court”) significantly expanded the options available to licensees for challenging underlying patents when it ruled that a patent licensee can continue to license a product while simultaneously challenging the patent's validity. The Court's decision in MedImmune, Inc. v. Genentech, Inc. may have significant repercussions for companies engaged in licensing programs.

MedImmune makes and markets Synagis, a drug that helps prevent a particular respiratory tract infection caused by virus. Before MedImmune first put the drug on the market, it agreed to license a group of patents from Genentech, Inc., in return for paying royalties on products covered by one of the patents.

A dispute arose over payment of royalties. Fearing that a possible lawsuit would expose it to significant damages and an injunction, MedImmune began paying royalties "under protest." Although a licensee in good standing, MedImmune brought a declaratory action challenging the validity of the specific patent. The Federal Circuit upheld the dismissal of the suit, finding that no "actual controversy" existed under 28 U.S.C. §2201(a) of the Declaratory Judgment Act.

The Federal Circuit largely based its decision on its controlling precedent in GenProbe Inc. v. Vysis, which held that a licensee in good standing cannot establish an Art. III case or controversy, since the license agreement "obliterate[s] any reasonable apprehension" that the licensee will be sued for infringement.

In its 8-1 decision on January 9, the Court repudiated GenProbe, noting that "[a] licensee who pays royalties under compulsion of an injunction has no more apprehension of imminent harm than a licensee who pays royalties for fear of treble damages and an injunction fatal to his [her] business." The Court also found the GenProbe rationale in conflict with prior Court holdings, including Cardinal Chemical v. Morton Int'l, which held that appellate affirmance of a judgment of noninfringement, which effectively eliminated any apprehension of suit, did not moot a declaratory judgment counterclaim of patent invalidity.

The Court carefully tailored its narrow ruling around the Lear doctrine by abstaining from any holding as to whether a licensee should be permitted to challenge the validity of a patent where it continues to pay royalties. Instead, the Court left the "equitable prudential and policy arguments in favor of such a discretionary dismissal for the lower courts' consideration on remand."

While the case pertained specifically to a patent licensing agreement, the Court's dicta suggests that standing to sue under an existing license is not limited to patents alone, and could be extended to other types of agreements as well. MedImmune arguably provides licensees with potential opportunities to challenge agreements without sacrificing the agreement itself. As Justice Thomas noted in his dissent, "[b]y holding that contractual obligations are sufficiently coercive to allow a party to bring a declaratory judgment action, the majority has given every patent licensee a cause of action and a free pass around Article III's requirements for challenging the validity of licensed patents. But the reasoning of today's opinion applies just not to patent validity suits. Indeed, today's opinion contains no limiting principles whatsoever."

In light of the Court's holding, future patent licenses will likely include "no-challenge" clauses nullifying the agreement if the licensee challenges the validity or infringement of the patent during the term of the license. However, licensors of foreign patents should take into account specific foreign regulations that restrict the use of such clauses in licensing agreements (see, e.g., Article 5(1)(c) of Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements).

01-11-2007

Vorys Attorneys Named 2007 Ohio Super Lawyers
Vorys, Sater, Seymour and Pease LLP is proud to announce that nearly 20 percent of the firm’s attorneys have been named among the 2007 Ohio Super Lawyers. Super Lawyers identifies the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics.

Super Lawyers from the Columbus office listed with their practice area, include:

Sandra J. Anderson- General Litigation
G. Ross Bridgman- Employment & Labor
Stephen R. Buchenroth- Real Estate
Michael J. Canter- Business Litigation
David S. Cupps- Business Litigation
Gary E. Davis- Real Estate
Scott M. Doran- Environmental
Richard P. Fahey- Environmental
Mary Ellen Fairfield- Employment & Labor
Gerald P. Ferguson- Business Litigation
Russell M. Gertmenian- Business/Corporate
Kenneth A. Golonka Jr. - Real Estate
Bruce L. Ingram- Land Use/Zoning
Reginald W. Jackson- Bankruptcy & Creditor/Debtor Rights
George L. Jenkins- Mergers & Acquisitions
Benita A. Kahn- Information Technology/Outsourcing
William D. Kloss, Jr. - General Litigation
John J. Kulewicz- Business Litigation
Laura G. Kuykendall- Antitrust Litigation
John L. Landolfi- Business Litigation
Randall D. LaTour- Bankruptcy & Creditor/Debtor Rights
Michael G. Long- Business Litigation
Robert A. Minor- Workers’ Compensation
Jonathan M. Norman- Employment & Labor
Robin R. Obetz- Workers’ Compensation
Howard M. Petricoff- Energy & Natural Resources
James E. Phillips- Civil Litigation Defense
Alan T. Radnor- Personal Injury Plaintiff: General
Frederick L. Ransier- Bankruptcy & Creditor/Debtor Rights
Suzanne K. Richards- Business Litigation
Thomas B. Ridgley- Civil Litigation Defense
Daniel H. Schoedinger- Real Estate
Richard D. Schuster- Class Action/Mass Torts
Robert J. Sidman- Bankruptcy & Creditor/Debtor Rights
Bradley K. Sinnott- Workers’ Compensation
Carl D. Smallwood- Civil Litigation Defense
David A. Swift- Estate Planning & Probate
Robert E. Tait- Civil Litigation Defense
Thomas M. Tarpy- Employment & Labor
Duke W. Thomas- Business Litigation
Kristin L. Watt- Environmental
John P. Wellner- Real Estate
Robert W. Werth- Banking
James A. Wilson, Jr. - Antitrust Litigation

Super Lawyers from the Cincinnati office listed with their practice area, include:

Melvin A. Bedree- Banking
Daniel J. Buckley- Business Litigation
Scott A. Carroll- Employment & Labor
Thomas L. Gabelman- Construction/Surety
William D. Hayes- Environmental
Barbara Bison Jacobson- Personal Injury Plaintiff: General
Nathaniel Lampley, Jr. - Employment & Labor
Roger E. Lautzenhiser- Business/Corporate
Mark A. Norman- Environmental
Donald J. Shuller- Real Estate
W. Breck Weigel- Business Litigation
Glenn V. Whitaker- Business Litigation

Super Lawyers from the Cleveland office listed with their practice area, include:

Amanda J. Martinsek- Business Litigation
Anthony J. O’Malley- Business Litigation
Thomas J. Onusko- Health Care
Drew T. Parobek- Bankruptcy & Creditor/Debtor Rights
John W. Read- Civil Litigation Defense

01-11-2007

Five Varnum Attorneys Achieve Partner Status
five attorneys have achieved partner status at Varnum, Riddering, Schmidt & Howlett LLP. They are:

Kimberly A. Baber: A graduate of the University of Michigan Law School, Baber is a corporate services attorney emphasizing in banking law, securities law, and mergers and acquisitions.

Adam J. Brody: A graduate of Washington and Lee University School of Law, Brody is a litigation and trial services attorney specializing in complex commercial litigation.

Steve S. Kluting: A graduate of Indiana University School of Law, Kluting is a corporate services attorney focused on general business counsel and a transactional practice, including mergers and acquisitions.

Annette D. Nickel: A graduate of the University of Denver Sturm College of Law, Nickel is an attorney in the Litigation and Trial Services and Family Law areas. She focuses her practice on American Indian law, immigration, civil litigation and family law. She works in Varnum's Kalamazoo offices.

Dean F. Reisner: A graduate of the University of Michigan Law School, Reisner is a corporate services and estate planning attorney. His areas of emphasis include general corporate law, mergers and acquisitions, real estate and estate planning.

"We welcome and congratulate the newest partners of the firm. Each one has made significant contributions and we are delighted to recognize them for their efforts," said Michael G. Wooldridge, Corporate Group partner and Chair of the firm's Policy Committee.

01-11-2007

Porter Wright Attorney Featured in Washington Post and on MSNBC.com
Adam Tiffen, an associate in Porter Wright's Washington, DC, office, was recently the subject of a feature article in The Washington Post and which was also picked up by MSNBC.com. The following is an excerpt of the article as it ran in the Post:

"The man was standing 100 meters from the explosion and he said there was no explosion," Adam Tiffen says.

He's looking at his computer screen, where a photo shows him in his Army uniform, questioning a kneeling Iraqi who was captured after a roadside bomb exploded near Humvees carrying Tiffen and other soldiers from the Maryland National Guard.

"If he wasn't the triggerman, he was the spotter for the triggerman," Tiffen says. "But I had to let him go. I had nothing on him. What can you do? Iraqis have rights, too."

Tiffen, 31, is sitting in his office at the law firm of Porter Wright Morris & Arthur, a few blocks from the White House, looking at pictures from his year in Iraq. His law degree hangs on the wall near his Bronze Star. On his desk sit a couple of souvenirs of Iraq — a .50-caliber machine gun bullet and a hunk of shrapnel from a roadside bomb. His black crew cut matches his black suit.

"Look at me, I'm in my lawyer uniform," he says. "I'm Mr. Attorney on Pennsylvania Avenue with my degrees on the wall. And seven months ago, I was in Iraq wearing body armor and I hadn't slept in three days and I was running around the desert.

01-11-2007

Susan Cohen Speaks at International Taxation Conference, Exploring the Latest In International Tax Trends and Techniques
Susan Cohen, a member in the firm's Boston office managing the Immigration Section, spoke at the New York State Society of CPAs International Taxation Conference. The conference was held January 10, 2007 in New York, NY.

Conference Topics Included:
* Immigration Issues
* Proposed Regulations Affecting IRC Section 911
* Foreign Tax Credit and Related Case Study
* International Estate Planning
* Sub-Part F Income and Related Issues

01-11-2007

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