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Engineering Procurement and Construction Specialist John B. Miller Joins Patton Boggs LLP
Patton Boggs LLP is pleased to announce that Dr. John B. Miller has joined the firm as an Of Counsel. Dr. Miller will serve as an integral part of the firm's recently announced Projects Infrastructure and Finance practice where he will focus on project development, project delivery and construction. Dr. Miller will also work closely with the firm's transportation, real estate and public finance groups.

Dr. Miller brings over three decades of valuable experience working on the development of engineering procurement and construction projects (EPC), water/waste water renewal and replacement projects and public private partnerships (PPP) in the global infrastructure sector, including representation of clients on transactional, litigation, and policy matters.

""John will be a valuable asset to the firm providing in-depth knowledge of both legal and engineering matters. We look forward to working with him as he helps build our Projects Infrastructure and Finance practice and offers his counsel on other related matters,"" noted Firm Managing Partner Stuart Pape.


Patton Boggs' Projects Infrastructure and Finance group has been formed to better serve clients and to provide full service expertise when handling large infrastructure projects, both foreign and domestic. These projects include a variety of facilities including airports, seaports, office buildings, military housing, convention centers, mixed-use facilities, power and water plants, wastewater facilities, toll roads, and rail infrastructure.

Dr. Miller has earned several degrees from the Massachusetts Institute of Technology (M.I.T.); including a PhD in Infrastructure Systems (1995), and both an SB in Civil Engineering and an SM in Soil Mechanics (1974). In addition, he received a Juris Doctor from Boston University School of Law (1977) followed by an LLM in Taxation (1982).

Dr. Miller taught several undergraduate and graduate level courses at M.I.T. including Law and the Construction Industry, Public Infrastructure Development Systems, and The History of American Infrastructure. He has also published several books on infrastructure and procurement-related subjects as well as numerous journal articles.

08-16-2006

Ethics and E-Discovery
Originally printed in the September 2006 edition of St. Louis Lawyer.

If you are a litigator, you know that the latest buzz word in litigation is e-discovery. Everywhere, speakers on the continuing education circuit are touting perils and opportunities of electronic discovery. Federal rule makers are changing the Federal Rules of Civil Procedure to address the problem. District judges and magistrates are beginning to issue opinions setting forth the rules of the game.

While it is important to know and understand the procedural rules applicable to electronic discovery, it is also time for lawyers to view this process from the viewpoint of the Professional Rules of Conduct. There are several ways in which those rules touch upon the challenges which lawyers face confronting e-discovery; this article will touch on a few of those.

08-16-2006

Permanent Injunctions in the wake of eBay v. MercExchange
The seminal 2006 Supreme Court decision in eBay v. MercExchange has begun to ripple through the patent community. The presumptions about granting permanent injunctions in patent cases have been shattered, and the traditional four-prong test in equity used to decide permanent injunctions in other areas of law will now once again be applied in the patent context.

We have established this section of our website to provide our clients with case materials - including decisions and hearing transcripts - and constant updates on the evolving state of permanent injunctions in patent cases.

Monsanto Company v. Mitchell Scruggs Federal Circuit (August 16, 2006)

On August 16th, the Federal Circuit issued its first post-eBay precedential decision remanding a case for reconsideration as to whether an injunction should have issued. In the Monsanto case, Defendant-Appellant Scruggs appealed the trial court's order granting Monsanto an injunction. The Federal Circuit said simply:

eBay Inc. v. MercExchange, L.L.C., 126 S. Ct. 1827 (2006), requires courts to consider the standard four part test for permanent injunctions in patent case and reverses this court's traditional rule that ""courts will issue permanent injunctions against patent infringement absent exceptional circumstances,"" MercExchange, L.L.C. v eBay Inc., 401 F.3d 1323, 1339 (Fed. Cir. 2005). Therefore, we vacate the trial court's decision with respect to the permanent injunction and remand for reconsideration in light of the Supreme Court's eBay case.

08-16-2006

Finnegan Henderson Adds Prominent IP Lawyer to Ranks Steven H. Markowitz Joins Cambridge
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, the largest intellectual property law firm in the world, announced today that Steven H. Markowitz has joined the firm’s Cambridge, Massachusetts office. Mr. Markowitz has a broad background in the IP field, having handled a diverse range of intellectual property matters at several corporations and law firms.

He was most recently Chief Intellectual Property Counsel for Finnegan Henderson client Cabot Corporation in Boston, Massachusetts. From 1990 to 1998, Mr. Markowitz served as Assistant General Counsel for Intellectual Property for Hercules Incorporated, where he oversaw the $3 billion chemical company’s IP portfolio. Other in-house positions include Chief Attorney - Technology for Basic Chemicals for Exxon Chemical Company, and Patent Attorney for Betz Laboratories in Trevose, Pennsylvania. Mr. Markowitz began his career as a patent examiner for the U.S. Patent & Trademark Office.

Finnegan Henderson Cambridge Office Managing Partner Tom Banks, said, “We are delighted that Steve has joined the firm. We have worked with him for many years as a client, and we are thrilled to have him join us as one of our colleagues in the firm’s Cambridge office.”

At Finnegan Henderson, Mr. Markowitz will continue to focus on intellectual property matters involving chemical technologies. His work will include patent procurement and protection, due diligence, validity and infringement opinions, litigation, and IP-related contracts, including licensing and portfolio management.

08-16-2006

Trends In Compulsory Licenses In Greater China
Lily Lim of Finnegan Henderson’s Palo Alto, CA office authored an IP Law 360 article that reviews the compulsory license laws in Greater China, including mainland China and Taiwan. Because both mainland China and Taiwan have compulsory license provisions in their respective patent laws that allow third parties to practice patents without authorization from the patentee, companies negotiating licenses in Greater China should keep in mind that their bargaining position is not as strong in the Greater China as compared to in the United States where the right to exclude others from practicing a patent is almost absolute. While package licenses may be permissible in the U.S., the same package license in Greater China may trigger a grant of a compulsory license.

08-16-2006

Two Robinson & Cole Lawyers Participate in MCLE Seminar on Litigating Real Estate Disputes
R&C Litigators, Larry Heffernan and Mary Cataudella, recently participated in the Massachusetts Continuing Legal Education seminar, "Litigating Real Estate Disputes." Mr. Heffernan chaired the event, while Ms. Cataudella spoke on the topic of "Litigation Solutions to Title Defects." Other topics covered were summary judgment in zoning litigation, title insurance claims and litigation and mediation of real estate disputes. The Chief Justice of the Land Court, an Associate Justice of the Land Court and a retired Massachusetts Appeals Court Justice also participated.

08-16-2006

Buchanan Ingersoll & Rooney Noted in Article on Increase in Diversity of National Law Firms
Buchanan Ingersoll & Rooney's diversity ranking was mentioned in an article in the July 20, 2006, edition of the Daily Business Review that discussed how diversity is on the rise among national law firms that have offices in South Florida. Buchanan has offices in Miami and Aventura.

The article highlighted the strategies and success stories of many firms that have raised their percentage of minority lawyers over the past few years, including creating outreach programs for minority law students, forming mentoring programs and making diversity issues a priority.

Buchanan was ranked 66th on the list of the ""Top 100 Law Firms for Diversity"" for 2006 by Multicultural Law magazine. The firm also ranked eighth on the publication's list of the ""Top 25 Law Firms for Disabled Americans.

08-16-2006

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