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Red Herring, "Worker Overtime Suit Hits IBM"
Technology workers for IBM sued the giant computer company on Tuesday in federal court for allegedly failing to pay overtime wages to tens of thousands of employees in a move that could have far-reaching implications for the tech industry’s workforce.
The lawsuit, filed as a class-action in U.S. District Court in San Francisco, alleges that Big Blue improperly categorizes workers who install, maintain, and support computer software and hardware as “exempt” from overtime provisions under federal and state laws.
The lawsuit asks the court to order IBM to pay overtime denied in the past and to start paying overtime to current workers. The exact number of employees who might be affected isn’t known, but attorneys for the plaintiffs said “tens of thousands” of workers could be involved. The ranks would include system administrators, network technicians, and other technical support workers. The IBM suit is not the first of its kind.
Steve Zieff of San Francisco's Rudy, Exelrod & Zieff, along with Lieff Cabraser Heimann & Bernstein, another firm representing plaintiffs against IBM, sued IT services provider Computer Sciences Corporation (CSC) for similar claims. That lawsuit was settled in summer 2005. Tthe El Segundo, California-based company started paying out $24 million to workers in September.
Attorney James Finberg of Lieff Cabraser, which sued Wal-Mart for not properly compensating workers for meal breaks, said the IBM and CSC lawsuits could affect the rest of the tech industry. In Silicon Valley, long hours are often cited as an integral reason for the success of both small startups and larger, more established companies.

01-24-2006

Lewis and Roca Associate John Krieger elected Treasurer of the Nevada State Bar Intellectual Property Law Section
Lewis and Roca is pleased to announced that John Krieger, an attorney with the firm’s Las Vegas office, has been elected Treasurer of the Nevada State Bar Intellectual Property Law Section.
Krieger’s practice is concentrated in intellectual property litigation in both state and federal court. He has extensive experience in prosecuting and defending clients for claims including trademark infringement, copyright infringement, domain name litigation and cybersquatting; as well as trade secret misappropriation and unfair competition.
Krieger received his J.D. from Washington University School of Law in 1996.

01-24-2006

APPELLATE COURT UPHOLDS $64.5 MILLION JUDGMENT FOR WILLFUL PATENT INFRINGEMENT
Irvine, CA, January 24, 2006 - Knobbe Martens Olson & Bear LLP announced today that the U.S. Court of Appeals for the Federal Circuit in Washington D.C. upheld a $64.5 judgment that Tyco Unit U.S. Surgical Corporation had willfully infringed a patent owned by the firm’s client, Applied Medical Resources Corp. The patent is on a medical device known as a trocar, used by surgeons to perform laparoscopic surgery. In addition to affirming the Orange County jury’s $43.5 million damages award, the appellate court held that the record supported the jury’s willfulness finding, which allowed the trial court to award increased damages and attorney fees to reach the $64.5 million total.

The Knobbe lawyers who handled both the jury trial and the appeal included litigation partners Joseph R. Re, Karen Weil, Joseph F. Jennings, and Joseph S. Cianfrani.

01-24-2006

MASIMO RECEIVES $265 MILLION AND ROYALTIES TO CONCLUDE PATENT CASE OVER WIDELY USED MEDICAL DEVICES
Irvine, California - Knobbe Martens Olson & Bear LLP announced today that its client, Masimo Corporation of Irvine, California, has settled all existing patent litigation with Nellcor, a division of Tyco Healthcare. Under the settlement, Nellcor paid Masimo $265 million for damages through January 31, 2006. In addition, Nellcor made an advance royalty payment of $65 million related to sales of Nellcor’s new products during the remainder of calendar year 2006. After January 31, 2006, Nellcor will no longer ship its oximeters that were found to infringe in the lawsuit, but will continue to provide service and sensors for previously sold products. Finally, Masimo has granted Nellcor the right to sell Nellcor’s new line of pulse oximetry products in exchange for an on-going royalty.

The litigation involved patents on oximeters, which are widely used medical devices that allow clinicians to obtain oxygen saturation and pulse rate values. In March 2004, a Los Angeles jury had found that Nellcor infringed the patents and awarded Masimo $134 million for the infringements made through 2003. In September 2005, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., affirmed that infringement finding as well as a judgment for $164.5 million, an amount which included infringements through May 2004. The appellate court also instructed the trial court to enter a permanent injunction against Nellcor. Lawyers at Knobbe Martens obtained the patents for Masimo and also handled both the trial and the appeal.

Joe Kiani, Masimo founder and one of the inventors, stated that “it was a pleasure to work with such an exceptional group of lawyers. On behalf of Masimo, I would like to thank the lawyers at Knobbe Martens, and specifically Stephen Jensen, Joseph Re, Jim Lesniak, Karen Weil, Jon Gurka, Joseph Cianfrani, Irfan Lateef, and Perry Oldham for their tireless dedication to Masimo and to this litigation.”

“We were privileged to represent Masimo, and are pleased to have obtained this result for a true innovator in its field,” said Joseph Re, partner with Knobbe Martens and lead attorney on the case.

01-24-2006

Carlow Releases Wecht Memo, But It Doesn't Shed Light on Government's Claims'
An article on the release of a memorandum of understanding between Carlow University and indicted former Allegheny County Coroner Dr. Cyril H. Wecht concerning the arrangement by which Dr. Wecht was performing private autopsies at the college's facilities in an effort to teach students there, quoting Klett Rooney attorney Charles Gibbons as attorney for Carlow.

01-24-2006

King & Spalding Elects Robert E. Meadows Managing Partner of Houston Office
HOUSTON, January 24, 2006 - King & Spalding LLP, a leading international law firm, announced today that the firm has elected Robert E. "Bobby" Meadows managing partner of its Houston office. Meadows is a trial lawyer with extensive experience handling business disputes and defending oil and gas, construction and engineering and product manufacturing companies in environmental and other complex tort litigation.

Meadows succeeds Randolph C. Coley, whose three-year term ended December 31.

"Bobby is one of the nation's top litigators and has deep roots in Houston, making him an excellent leader for our growing Houston office," said Robert D. Hays, Jr., chairman of King & Spalding. "He has developed longstanding relationships with corporate counsel from managing large, complex litigation dockets, and I know he will bring this experience to bear as he works to manage the business side of the Houston office and foster ongoing relationships with other key clients."

Meadows' representation of clients in oil and gas litigation includes lease and royalty disputes, offshore property evaluation and contract disputes arising under operating agreements. His trial experience in tort litigation includes the defense of corporations confronted with multi-plaintiff environmental claims. Meadows is a member of the American College of Trial Lawyers, the American Board of Trial Advocates, the Texas Supreme Court Advisory Committee and the International Association of Defense Counsel. He is a Fellow of the Texas Bar Foundation and a Fellow of the Houston Bar Foundation.

Meadows is active in the Houston community, principally through his service as a member of the Board of Trustees of Texas Children's Hospital. He earned his J.D. from the University of Houston, where he was a member of the Order of the Barons. He received his B.A. from the University of Texas in Austin and his M.P.A. from the University of Texas Lyndon Baines Johnson School of Public Affairs.

"It is an honor to join the King & Spalding management team and serve as the managing partner of our Houston office. King & Spalding has had great success in Houston; the office opened in 1995 with three lawyers and we now have more than 80. We will continue to concentrate on client service and attracting outstanding lawyers to the firm. The rest will take care of itself," Meadows said.

King & Spalding was founded in 1885. The firm opened its Houston office in 1995 with three litigation attorneys; today the office has grown to 85 attorneys focusing on a diverse array of litigation and transactional law, especially energy and international arbitration.

About King & Spalding LLP
King & Spalding LLP is an international law firm with more than 800 lawyers in Atlanta, Houston, London, New York and Washington, D.C. The firm represents more than half of the Fortune 100, and in a Corporate Counsel survey in September 2005 was ranked one of the top ten firms representing Fortune 250 companies overall. For additional information, visit www.kslaw.com.


01-24-2006

Kilpatrick Stockton’s Winston-Salem Office Continues Growth
Winston-Salem (January 24) – Kilpatrick Stockton LLP announces the addition of Frank W. Leak Jr. to the firm’s Winston-Salem office. Mr. Leak joins as an associate in the firm’s Litigation Practice Group. Prior to joint Kilpatrick Stockton, Mr. Leak was an associate with Alston & Bird, LLP in Charlotte, N.C.
Mr. Leak’s practice will focus in the areas of patent litigation and complex business litigation. Mr. Leak is registered to practice before the United States Patent and Trademark Office and he has significant experience representing large and mid-sized institutional clients as both plaintiff and defendant in patent litigation and trademark litigation.
Mr. Leak earned his B.A. from the University of North Carolina at Chapel Hill, his M.S. from North Carolina State University and his J.D. from University of North Carolina School of Law. He has also published the following articles, “Challenges of Business Method Patent Enforcement – Extraterritoriality,” The Computer & Internet Lawyer, 2002 and “A Setback to Reach-Through Claiming,” Patent, Trademark & Copyright Journal, 2003.
About Kilpatrick Stockton
Kilpatrick Stockton LLP is a full-service international law firm with more than 470 attorneys in nine offices across the globe: Atlanta and Augusta, GA.; New York, New York; Charlotte, Raleigh and Winston-Salem, N.C.; Washington, D.C.; London, England; and Stockholm, Sweden. Kilpatrick Stockton's delivery of innovative business solutions provides results-oriented counsel for corporations, from the challenging demands of financial transactions and securities to the disciplines of intellectual property management. Collaboration among Kilpatrick Stockton's corporate, litigation and intellectual property attorneys provides knowledgeable and proactive guidance for companies at every stage of the business life cycle. For more, go to www.kilpatrickstockton.com.

01-24-2006

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