Law Firm News

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Bryan Cave LLP

Arbitrating the First Phase of Patent Suits Reduces Risk of Retrial
New York Partner Stephen Gilbert has what could be key advice for those involved in high-risk, high-cost patent disputes: Arbitrate the first phase to avoid a costly do-over. Gilbert outlines the why and how in the current issue of Dispute Resolution Journal.

The first step in many patent trials is called a Markman hearing. The U.S. Supreme Court held in Markman v. Westview Instruments that construction of claims in patent disputes is a question of law to be decided by a judge. The U.S. Court of Appeals for the Federal Circuit reviews the trial judge’s claim construction de novo.

After Markman, patent lawyers hoped that having claim construction determined at the beginning of a patent lawsuit (instead of later, as part of the validity and infringement phases of the case) would be more efficient and perhaps lead to earlier settlements. Many have suggested, however, that the effect has been just the opposite. The problem is that the Federal Circuit will not review claim construction rulings until the rest of the suit has been heard and decided. When the Federal Circuit finally does review these determinations, if it finds that the trial court erred in ruling on even a single aspect and believes that this error affected the outcome of the suit, it often will remand the case to the trial court for further proceedings. This may mean a new trial.

In his article, Gilbert explains why an arbitration panel’s claim construction is much less likely to be set aside by the Federal Circuit. Arbitrating this phase of the suit significantly reduces the risk that the parties will have to retry infringement and validity issues because of erroneous claim construction. Gilbert also points out other advantages and tips regarding Markman phase arbitration.

Click on the attachment below to read Gilbert’s full article, “Arbitrating to Avoid the Markman Do-Over,” first published in the August-October issue of Dispute Resolution Journal.

11-09-2006

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Weil, Gotshal & Manges, LLP

Weil Gotshal Chairman Named the YWCA-NYC’s Inaugural Man of the Year
Weil, Gotshal & Manges Chairman Stephen J. Dannhauser will be honored by the YWCA of the City of New York as their inaugural "Man of the Year" at the 33rd Annual Academy of Women Leaders Salute Luncheon that will be held on November 9, 2006. Mr. Dannhauser was selected for the award due to the significant strides he has made in diversifying Weil Gotshal over the past 15 years, as well as for his passionate support of the mission and programs of the YWCA of the City of New York.

In addition, Andrea Bernstein and Lisa Cuevas will be inducted into the Academy of Women Leaders in recognition of their contributions to diversity and their overall leadership. The Academy of Women Leaders is comprised of a distinguished network of over 3,000 accomplished women professionals.

11-09-2006

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McGuireWoods LLP

Matthew Swanlund Addresses California Lawyers for the Art
Matthew Swanlund (Los Angeles) spoke on intellectual property issues for writers, directors, producers, actors, musicians and artists in motion picture, television and media productions at a film, television and media business seminar presented by California Lawyers for the Arts at Loyola Law School in Los Angeles on Sept. 30.

11-09-2006

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Robinson & Cole LLP

Robinson & Cole Environmental Analyst Appointed to Connecticut Bicycle and Pedestrian Advisory Committee
R&C Environmental Analyst Tracy Gionfriddo has been appointed to the Connecticut Department of Transportation's Connecticut Bicycle and Pedestrian Advisory Committee by the Greenways Council. This committee brings together the various groups involved in bicycle and pedestrian routes throughout Connecticut to work on matters related to the transportation enhancement programs and federal funding. Also, the group will assist in the development of the new Bicycle and Pedestrian Plan, including the update of the bicycle map and to address bicycle and pedestrian issues in general.

11-09-2006

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Paul, Weiss, Rifkind, Wharton & Garrison LLP

Paul, Weiss Represents the Andrew Lloyd Webber Art Foundation
As widely reported in the press, including The New York Times, Dow Jones, Daily News and New York Law Journal, at a hearing held on November 7, U.S. District Court Judge Jed S. Rakoff vacated a temporary restraining order obtained late last Friday and dismissed a purported restitution action with respect to Pablo Picasso's renowned Blue-period "Portrait de Angel Fernandez de Soto" (1903), which had been scheduled for auction at Christie's on November 8. The Picasso is owned by our client the Andrew Lloyd Webber Art Foundation, which had purchased the painting in 1995, and proposes to use the sale proceeds for charitable causes, including scholarships in the theatrical arts. The suit was brought on the eve of the auction alleging that the plaintiff's great uncle, Paul von Mendelssohn-Bartholdy, a prominent Berlin banker, had sold the painting due to Nazi intimidation to a leading art dealer (Justin Thannhauser, who also fled the Nazis) in Lucerne in 1935. The claim, which had never been asserted prior to the lawsuit, has been criticized by leading figures in the art restitution community, including Sarah Jackson of the Art Loss Registry, as a disservice to legitimate claimants. Paul, Weiss partner Carey Ramos, who argued on behalf of the Foundation at the hearing before Judge Rakoff, characterized the 11th-hour claim as "shameless opportunism" (Daily News) without "a shred of evidence to support it" (Dow Jones). Following dismissal of the case by Judge Rakoff, plaintiff's counsel refiled their claim in state court. The Andrew Lloyd Webber Art Foundation and Christie's announced shortly before the auction on November 8 that they were withdrawing the painting from auction as a result of the pending claim. In addition to Carey Ramos, Paul, Weiss partner Walter Rieman represented the Andrew Lloyd Webber Art Foundation at the hearing and is continuing to represent the Foundation with respect to this matter. The Paul, Weiss team also includes associates Chi-Ru Jou and Robert Schuwerk, with an overnight assist from associate Darren Johnson.

11-09-2006

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Paul, Weiss, Rifkind, Wharton & Garrison LLP

Paul, Weiss Successfully Defends Genentech in Fraud and Unjust Enrichment Action
Following a two-and-a-half week trial and one full day of deliberations, a jury in the U.S. District Court for the Eastern District of Pennsylvania returned a unanimous verdict yesterday for Paul, Weiss client Genentech Inc., a California-based biotechnology company, on allegations of fraud, unfair trade practices and unjust enrichment brought against it by an ophthalmologist who claimed that he helped Genentech develop a new eye disease treatment and was entitled to a cut of the drug's sales. The plaintiff, Kourosh Dastgheib, sought $1.16 billion for research he claims he shared with Genentech in the mid-1990s that was key to developing Lucentis, which was approved by the Food and Drug Administration earlier this year to treat wet age-related macular degeneration. The Paul, Weiss Washington, D.C., trial team included partner Ken Gallo and associates Craig Benson and Maggie Sklar, paralegals Mika Chatterjee, Bill Dolan and Adam Lippman and secretary Judy Patrick. Associates Brett Kitt, Mitch Zeff, former summer associates Karen Berenthal and Suzanne Skinner, former associate John Longwell and former paralegal Tulani Shaw also provided invaluable assistance. New York trial team members included partner Maria Vullo, associates Ryan Kantor and Aliza Balog and paralegals Patrick O'Keeffe and Caitlin O'Meara, with support from counsel Steve Herzog, associates John Vagelatos, Cliff Bloomfield and Daniel Kirschbaum, paralegals Dwane Jones and Dahlia Burns, practice support specialists Ian Tracy and Sam Kelly, former practice support specialist Bill Weir and secretary Jose Melendez.

11-09-2006

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Foley & Lardner

Christopher Kise Appointed to Florida Governor-Elect Transition Team
Christopher M. Kise has been appointed to Florida Governor-elect Charlie Crist's transition team as Transition Deputy Executive Director.

At a news conference on Tuesday, November 8, Crist, along with Lieutenant Governor-Elect Jeff Kottkamp, announced the senior management structure of his transition team, including Kise, who who will among other things be responsible for the transition of legal affairs and the general counsel's office. Crist and Kotthamp plan to announce additional team members in the next few weeks.

Kise joined Foley as chair of the Appellate Practice and a member of the White Collar Defense & Corporate Compliance Practice in July 2006 after serving as Florida's Solicitor General for three years. He has argued three times before the United States Supreme Court and filed briefs in more than a dozen cases before the high court. In 2002, he served as the Executive Director of Attorney General-elect Crist's Transition Team.

11-09-2006

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