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Morrison & Foerster, LLP

Morrison & Foerster Represents Think Outside in Critical Patent Appeal Victory for Leading Designer of Portable Keyboards
Appeals panel affirms lower court decision that certain Think Outside Stowaway Portable Keyboards do not infringe patent for leveling mechanism by electronics maker Minebea


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San Francisco, January 31, 2006 – Morrison & Foerster attorneys scored a significant legal victory for leading computer keyboard designer Think Outside, Inc. as the U.S. Court of Appeals for the Federal Circuit ruled that a key design element in the company’s core product line does not infringe a patent held by a Japanese electronics company.

San Jose, CA-based Think Outside’s flagship product is the Stowaway Portable Keyboard, the first full-sized, collapsible keyboard designed for PDAs, smart phones and other hand-held devices. The Stowaway uses a leveling mechanism that was challenged by Minebea Co., Ltd., a major Japanese manufacturer of machine goods and electronics components.

In addition to Think Outside, Minebea also brought suit against Taipei-based Peripheral Technology, Inc., which previously manufactured the Stowaway keyboard.

Affirming an earlier decision by the U.S. District Court for the Southern District of California, the Federal Circuit held that Think Outside’s leveling design was substantially different from the mechanism disclosed in Minebea’s United States Patent No. 4,433,225.

Think Outside is represented by Morrison & Foerster partner Michael A. Jacobs and associate Paul A. Friedman of the law firm’s San Francisco office. Peripheral Technology is represented by Baker & McKenzie partner Charles H. Dick and associate Pamela Wong of the firm’s San Diego office.

In upholding the District Court’s entry of summary judgment entry of non-infringement, the Federal Circuit invoked its en banc decision in Phillips v. AWH Corp., 415 F.3d 1203 (Fed. Cir. 2005), a recent and highly anticipated case that clarified the proper methodology for patent claim construction. The heart of the Phillips decision was its reaffirmation of the primacy of the specification in determining the scope of a patent’s claims, thereby relegating evidence offered by dictionaries, encyclopedias and testifying experts to a subsidiary role.

In accordance with Phillips, the appellate court held that the restrictive language in Minebea’s patent precluded its application to the leveling mechanism used in the Stowaway keyboard at issue in the appeal.

The decision turned on the proper construction of language describing a “pivot to form a scissors-like linkage,” and whether this language excluded sliding motion, as the District Court held.

The leveling mechanism claimed in Minebea’s patent consists of a pair of lever arms joined at their middle by a central pivot that is fixed. When the keytop is depressed, the central pivot rotates while the studs at the ends of the lever arms rotate and slide outwardly towards the ends of their slots.

In contrast, the mechanism in the Stowaway keyboard at issue in the appeal employs linking arms connected by a central pin on one of the arms that fits into an elongated slot in the second frame. When the keytop is depressed, the stud comprising the central linkage rotates and slides; the studs at the upper ends of the linking frames rotate but are prevented from sliding.

Minebea contended that the district court’s construction of the claim term “pivot” was erroneous because it excluded the possibility of sliding motion, which, it argued, was subsumed in the ordinary meaning of “pivot.” Think Outside successfully countered that the central pivot described in the patent was fixed in position relative to the lever arms.

Noting that Phillips “compels us to construe claim limitations in the context of the claim in which they appear,” the Federal Circuit panel agreed that the patent’s description of the central linkage as “scissors-like” confines “the scope of the claim term ‘pivot’ to a structure that is fixed in position relative to the lever arms, and thus excludes sliding motion.” Such limitation also accords with “basic mechanics,” as “a sliding central pivot would be inconsistent with the engineering principles behind the leveling mechanism” described in the specification.

Furthermore, the court noted, the patent claim makes it clear that “sliding and pivoting are separate motions,” providing that certain structures will “‘slide in addition to pivot.’ Such language would be superfluous if sliding motion were subsumed in pivoting motion.”

The court also found unpersuasive Minebea’s contention that the central pin and slot structure in the Stowaway keytop at issue in the appeal literally meets the “pivot” limitation. Finally, it rejected Minebea’s alternative argument that the Stowaway keyboard met the “pivot” limitation under the doctrine of equivalents.

“For the SPK to utilize a fixed central pivot,” as required by the patent claim,” the court reasoned, “other structures of the SPK’s leveling mechanism, e.g., the ends of the lever arms, would have to be modified or replaced. That is the epitome of a substantial difference.”

“We’re pleased that the court looked very closely at the written language of Minebea’s patent, since the patent clearly differentiates itself from the leveling mechanism that was at the heart of this case,” said Morrison & Foerster’s Mr. Jacobs. “The company’s core technology is protected and its ability to continue marketing its flagship product is assured.”



02-01-2006

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Morrison & Foerster, LLP

Morrison & Foerster Advises Intercytex on AIM Float
London, 30 January 2006 -Lawyers from the London office of Morrison & Foerster are advising Intercytex Group plc, a Cambridge-based emerging healthcare company, on its Initial Public Offer on the Alternative Investment Market.

Intercytex will raise £15 million, conditional on the admission of the new ordinary shares to trading on AIM, through a subscription of approximately £4.2 million by existing shareholders and a placing of approximately £11.8 million with new shareholders. The shares being issued in the subscription and the placing have been priced at 108 pence per share, at which price the Company will have a market capitalisation on admission of approximately £60 million.

Piper Jaffray Ltd is acting as nominated adviser and sole broker to the Company.

The Morrison & Foerster team is being led by head of the UK Corporate Practice, Paul Claydon, and includes James Halstead and Sophie Waels.

Paul Claydon commented, “We are delighted to be advising Intercytex on its IPO, and to see the market respond so positively to the company. This is a pioneering company with products in development to address woundcare and to treat common complaints such as baldness and wrinkles. We have worked with Intercytex for a number of years, from seed funding to the present, and we very much value these long term relationships with our clients.”

02-01-2006

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Miller, Canfield, Paddock & Stone, P.L.C.

Jennifer Van Horn Joins Miller Canfield
Miller, Canfield, Paddock and Stone, P.L.C., one of Michigan’s largest corporate law firms, announces that Jennifer M. Van Horn has joined the firm as a senior attorney practicing commercial and employment litigation, as well as divorce and domestic relations.

Prior to joining Miller Canfield, she was a shareholder at Foster, Swift, Collins & Smith, P.C. in Lansing, Michigan.

While Van Horn will reside in Miller Canfield’s Grand Rapids office, she will continue to serve clients in the greater Lansing area.

“Jennifer brings over 10 years of experience to Miller Canfield,” said Stanley J. Stek, deputy group leader of the firm’s litigation practice in the Grand Rapids office, which now has 18 lawyers. “She is a very dedicated attorney and her emphasis on litigation and matters relating to custody, support, and asset division is a great complement to our current services.”

Her experience includes business, employment litigation including sex and race discrimination, sexual harassment, and breach of contract cases, including winning a case to obtain a $5.5 million verdict on behalf of the client. She also has extensive experience in family law disputes.

She is a member of the State Bar of Michigan, Grand Rapids Bar Association, Ingham County Bar Association and American Bar Association, and is a fellow of the Michigan State Bar Foundation. She is a case evaluator serving on panels in Eaton, Clinton and Ingham Counties.

She is also a member of the Defense Research Institute, Michigan Defense Trial Counsel, American Inns of Court: MSU – Detroit College of Law, and Transportation Lawyers Association. She is secretary and a member of the executive committee and board of directors for Highfields.

Van Horn received her J.D. from Wayne State University Law School, cum laude, in 1995. She received her B.A. from Michigan State University in 1992.

The 350-attorney law firm of Miller, Canfield, Paddock and Stone, P.L.C. was established in Detroit in 1852 and has offices in Ann Arbor, Detroit, Grand Rapids, Howell, Kalamazoo, Lansing, Monroe, Saginaw, and Troy, Michigan. Other offices are located in New York City, Pensacola, Florida, Windsor, Ontario, and in Gdynia, Wroclaw, and Warsaw, Poland.



02-01-2006

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McGuireWoods LLP

Merger Completed between Gordon & Glickson and McGuireWoods
McGuireWoods LLP, one of the 100 largest law firms in the world, announced that its merger with Gordon & Glickson LLC, a Chicago-based law firm internationally known for its information technology practice, has been completed. As part of the merger, McGuireWoods has launched a new Technology & Business Department that will be chaired by Mark L. Gordon, formerly the managing partner of Gordon & Glickson.

For more than two decades, Gordon & Glickson was a leader in advising clients in the technology-based sectors, as well as providing legal counsel on technology-related issues to clients in all other industries, government agencies and not-for-profit organizations. The new department will follow the same model and provide legal advice to clients in the technology industry as well as to clients in other industries on technology matters.

“We are very excited that the lawyers of Gordon & Glickson have joined us, and we have created this new department,” said Robert L. Burrus, Jr., chairman of McGuireWoods. “Technology can vary widely from one industry to another - yet the same legal issues involving each technology span these different industry sectors. We already have received many inquiries about this new department and believe that the merger will provide many opportunities to better serve our clients.”

Mark L. Gordon said he sees this new department as an opportunity to serve a broad range of clients who have legal needs concerning technology with the focus that a boutique law firm brings to the table, combined with the depth and breadth of McGuireWoods.

“The multidisciplinary approach that the Technology & Business Department is taking offers many opportunities. The lawyers in this department understand technology, whether they are providing legal advice to clients in the technology sector, or providing legal advice regarding technology used in other industries,” Gordon said. “Gordon & Glickson’s core focus on technology for 25 years, combined with McGuireWoods’ wide range of legal services and network of offices, will provide clients with multiple legal solutions involving their technology needs.”


02-01-2006

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McDermott Will & Emery

LEADING PATENT LITIGATOR JOINS MCDERMOTT WILL & EMERY
WASHINGTON, D.C. (February 1, 2006) — McDermott Will & Emery is pleased to announce that Joel M. Freed, a well known jury trial lawyer in patent and intellectual property cases, joined the Firm's Intellectual Property, Media & Technology Department (IPMT Department) as a partner in the Washington, D.C. office today. Mr. Freed will add significantly to the Firm's extensive intellectual property practice and will continue to focus his practice on major intellectual property and related antitrust disputes before numerous federal district and appellate courts across the country, as well as licensing and patent related transactions in the many fields of technology, including computers, pharmaceuticals and biotechnology.

"Joel's many years of experience in the intellectual property field and especially before the courts in numerous jurisdictions will strengthen the IP practice we have in place," commented Ray Lupo, head of the Firm's IPMT Department. "His arrival is also important in demonstrating our continued commitment to our international IP practice and our objective of advancing our practice to meet our clients’ growing technology protection needs."

"We look forward to working with Joel on the continued growth of our complex litigation and intellectual property practice, particularly in areas of intellectual property protection before the federal courts," commented Tim Waters and Bobby Burchfield, partners-in-charge of the Firm's Washington, D.C. office.

Mr. Freed is an experienced trial and appellate lawyer with more than 30 years of experience in all areas of intellectual property. He has served as lead counsel in a wide range of high technology cases involving patent infringement and trade secret disputes, as well as trademark litigation matters. In addition, he has appeared before the Court of Appeals for the Federal Circuit in review of lower court decisions in different areas of technology. Mr. Freed also handles cases before the International Trade Commission and practices before the U.S. Patent and Trademark Office.

"I am thrilled to be joining McDermott," commented Mr. Freed. "I look forward to working with the Firm's well-known IP litigators and contributing to further advancing the Department's practices."

Mr. Freed earned his J.D. in 1970 from Georgetown University Law Center and received a bachelor of science degree in mechanical engineering and a bachelor of arts degree from Lehigh University. In addition, Mr. Freed was a former patent examiner and served as an outside instructor in Legal Methods at the U.S. Patent and Trademark Office. Mr. Freed is also an adjunct professor at Georgetown University Law Center, where he has lectured on intellectual property law for nearly 30 years. Mr. Freed is admitted to practice in the District of Columbia and Virginia, and is registered to practice before the U.S. Patent and Trademark office.

McDermott's IPMT Department is renowned for its trial and appellate experience. McDermott ranked among the top 10 litigation firms in the United States and as one of the firms most recognized as counsel hired by plaintiffs and defendants involved in patent cases in IP Law & Business's annual survey of law firms that filed the most cases in 2004. Our lawyers are exceptionally experienced in managing and conducting complex intellectual property litigation including appeals involving patents, trademarks and copyrights.

02-01-2006

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Leonard, Street and Deinard

Compensation and Employee Benefits Alert - January 2006
Under Medicare Part D, the new Medicare prescription drug program, most group health plans are required to give notices of creditable coverage to plan participants and beneficiaries who may be eligible for Medicare coverage. These notices tell the participants whether the prescription drug coverage available under the group health plan is actuarially equivalent to coverage under Medicare Part D. If coverage is actuarially equivalent, then the participant may delay enrolling in a Medicare Part D plan without having to pay an additional premium for late enrollment. See Compensation and Employee Benefits Update article "Is Your Health Plan Compliance Up to Date?" (September 2005). Plans were supposed to give those notices to participants by November 15, 2005.

Plans are also required to report that same information to the Centers for Medicare and Medicaid Services (CMS), and CMS has now issued guidance about this report. The notice to CMS regarding creditable status must be filed electronically at http://www.cms.hhs.gov/apps/ccdisclosure/default.asp. For plan years ending in 2006, the filing deadline is March 31, 2006. For plan years ending in 2007 and beyond, the filing deadline is 60 days after the first day of the plan year. In addition, a disclosure form must be filed within 30 days of the termination of a plan's prescription drug coverage or a change in its status from creditable to noncreditable. The notice includes identifying information about the plan as well as about the plan's coverage and estimates of the number of Part D eligible individuals covered under the plan.

Because the filing must be made electronically for each separate plan, it is our understanding that insurance carriers will not file the notice on behalf of employers who sponsor group health plans. This means that employers, including small employers with fully insured health plans, will need to make the filing on their own.

Employers with questions about completing the form should discuss the matter with their attorney or benefit plan advisor.

02-01-2006

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Law Weathers & Richardson, P.C.

LAW WEATHERS & RICHARDSON ELECTS PRESIDENT AND MANAGING SHAREHOLDER, PRACTICE GROUP CHAIRS AND EXECUTIVE COMMITTEE
Grand Rapids, Michigan – January 30, 2006 – Law Weathers & Richardson, a leading
multi-specialty law firm based in Grand Rapids, today announced the election of Kevin B.
Krauss as President and Managing Shareholder. The firm also announced the election of
new Practice Group Chairs and Executive Committee members, as well as a Treasurer and
Secretary.
Newly elected Practice Group Chairs and Executive Committee members
include: John M. Huff, Chair of the Personnel Services Practice Group; Michael J. Roth,
Chair of the Litigation Practice Group; Kurt G. Yost, Chair of the Business Practice Group;
Jeffrey V. Sluggett, Chair of the Municipal Practice Group; James A. Ens, Chair of the Real
Estate Practice Group; and Brian S. Fleetham, Chair of the Health Care Practice Group. In
addition, the firm elected James Ens as Treasurer and William R. Hineline as Secretary.
As President and Managing Shareholder, Krauss will oversee day-to-day management
activities at the firm and provide leadership to the executive committee. As chair of the
firm's Labor and Employment Law Practice Group, he will also continue in his active legal
practice focused on all aspects of labor and employment law.

02-01-2006

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