Law Firm News

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Kenyon & Kenyon, LLP

Fisher-Price Prevails at Federal Circuit in First Patent Test Case After U.S. Supreme Court Ruling on Obviousness
The intellectual property law firm Kenyon and Kenyon LLP announced today that its clients, Mattel, Inc. and Fisher-Price, Inc. prevailed at the Court of Appeals for the Federal Circuit in the first application of the obviousness standard that was broadened by the U.S. Supreme in a major patent decision nearly two weeks ago.

The Supreme Court decision -- combined with the application by the Court of Appeals --will help companies to defend against weak patents that should be invalid for obviousness, according to John Flock, a Kenyon & Kenyon partner who represented Fisher-Price and Mattel at trial.

The Federal Circuit yesterday (May 9, 2007) affirmed a district court ruling that Fisher-Price’s PowerTouch System – which helps children to read through phonetics -- does not infringe on claim 25 of the ‘861 patent held by LeapFrog Enterprises, Inc. and that the claim was invalid.

“The court ruled in our client's favor by finding non-infringement and that Leapfrog’s asserted claim is invalid,” said Flock. “This decision breaks new ground for the Federal Circuit in expanding the scope of obviousness guided by the U.S. Supreme Court’s ruling in KSR vs.Teleflex and will provide greater flexibility to trial courts to find invalidity.” Flock said.

In its decision in favor of Mattel and Fisher-Price, the Federal Circuit noted the U.S. Supreme Court’s ruling from April 30, 2007: “[a]n obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case.” . It can be obvious to use the “adaptation of an old idea or invention . . . using newer technology that is commonly available and understood in the art . . . .”

The appeal was argued by Kenyon & Kenyon attorneys Jim Galbraith; with John Hutchins, Rich DeLucia, John Flock, Ron Sigworth and Patrick Herman on the brief.

Handling the matter at trial were Rich DeLucia, John Flock, John Hutchins, and Jerry Canada, with Richard Mayer, Jeffrey Butler, Thomas Makin, Ronald Sigworth, Patrick Herman, and John McDaniel.

05-10-2007

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Keating, Muething & Klekamp PLL

Chip Miller, KMK Attorney, Wins Reversal from the Ohio Supreme Court
Charles Miller, a Keating Muething & Klekamp (KMK) attorney, won a reversal from the Ohio Supreme Court. In a 6-1 decision written by Chief Justice Thomas J. Moyer, the Supreme Court agreed with Miller’s argument that an attempted possession of illegal drugs is a drug-abuse offense, and is subject to the mandatory sentencing provisions set forth for drug-abuse offenses.

Mr. Miller was appointed to represent Jomo K. Taylor before the Supreme Court. Taylor entered a plea agreement where he pleaded guilty to several drug crimes including attempted possession of crack cocaine in an amount greater than 25 grams but less than 100 grams, a felony of the second degree. Taylor was sentenced to five years of incarceration.

Taylor appealed his conviction and sentence to the 2nd District Court of Appeals. The 2nd District reaffirmed a previous holding that the offense of attempting to commit a drug offense is a separate offense under the law and is not subject to the mandatory prison-term requirement imposed for an actual, completed drug offense under R.C. 2925.11. The 2nd District certified that its decision was in conflict with a ruling of the 6th District in a similar case, and the Supreme Court agreed to review the case to resolve the conflict between districts. The Supreme Court then asked Miller to represent Taylor.

Miller convinced the Court that because the Ohio Revised Code definition of “drug-abuse offense” includes attempted drug-abuse offenses, the two crimes should be sentenced under the same framework. Miller also noted that the attempt statute, R.C. 2923.02, specifically references the drug-abuse sentencing structure. Miller overcame the State's argument that Taylor's attempted possession conviction should be sentenced under the state's general sentencing framework and that an attempted crime is not the same as a completed offense. As a result of Miller’s work, Taylor’s conviction was reversed.

Mr. Miller’s practice is concentrated in litigation. He has experience in appeals, class actions, product liability, financial services, insurance coverage, and personal injury litigation. Mr. Miller has also developed expertise in Banking Regulation. Prior to joining Keating Muething & Klekamp, Mr. Miller served as a law clerk to the Honorable Justice Maureen O’Connor, Supreme Court of Ohio (2003-2005) and as a litigation associate at Gallagher, Sharp, Fulton & Norman in Cleveland, Ohio (2002-2003). Mr. Miller regularly returns to the Ohio Supreme Court as counsel for appellate litigants. In 2007 alone, Mr. Miller participated in two merit cases orally argued before the court.

05-10-2007

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Godfrey & Kahn

GODFREY & KAHN ADDS ATTORNEY TO SECURITIES PRACTICE GROUP
The law firm of Godfrey & Kahn, S.C. is pleased to announce that Michael J. Conmey has joined the Securities Practice Group in the firm’s Milwaukee office.

Conmey received his law degree, with distinction, from the University of Iowa and his undergraduate degree in management and information systems and Spanish, magna cum laude, from Loras College. Conmey was a summer associate at the firm in 2006.

05-10-2007

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Connolly Bove Lodge & Hutz LLP

CBLH Assists in the Implementation of the USPTO’s Successful Electronic Filing System
The United States Patent and Trademark Office (USPTO) celebrated the first anniversary of its “EFS-Web” electronic patent filing system. This system simplifies filing procedures for patent application documents and reduces overall costs of examining patents at the USPTO. Pending patent applications are now easily viewed “on-line.”

CBLH was one of the law firms that actively participated in the early initiatives to improve e-filing. In its recent press release, the USPTO recognized our firm among those that helped the USPTO improve its e-filing system.

05-10-2007

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Fenwick & West, LLP

Fenwick & West Partner Susan Muck Honored Again as One of California's Top Women Litigators
Securities litigation partner Susan Muck was named by The Daily Journal as one of California's Top 75 Women Litigators. She also made last year's list of top women litigators. One of only five securities litigation attorneys to make this year's list, The Daily Journal highlighted Muck's current high-profile case load of six securities class actions, and her recent dismissal of both a securities class action lawsuit and SEC and DoJ investigation against client InVision Technologies Inc.

"It's always difficult to defend a securities class action when they can point to SEC statements and press statements," Muck told the Daily Journal. "But it takes more than an SEC report to scare me these days."

Susan Muck joined Fenwick & West in 2004, at a time when several other firms with big securities litigation practices were courting her. "I felt Fenwick had the best platform and potential," said Muck about her decision to join Fenwick. "And from the minute I got here, I've had opportunities that I could have only dreamed about as a defense lawyer."

Read the complete coverage of the Daily Journal's "Top Women Litigators" in a special section at www.dailyjournal.com (subscription required).

05-10-2007

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Dickstein Shapiro LLP

Dickstein Shapiro LLP Welcomes Counsel Peter J. Levitas to The Firm’s State Attorneys General Practice
Dickstein Shapiro LLP is pleased to announce the addition of Pete Levitas as counsel in the firm’s State Attorneys General practice. Mr. Levitas will focus his practice on a full range of State Attorneys General (AG) matters, antitrust policy and litigation, and Congressional matters with a policy and antitrust emphasis.

“Pete’s experience on Capitol Hill and in the Antitrust Division of the Department of Justice will be a great asset to our State AG practice,” said Bernard Nash, partner and head of Dickstein Shapiro’s State Attorneys General practice. “I have no doubt that he will offer our clients invaluable guidance in navigating the antitrust decision making process at the FTC, DOJ, and on Capitol Hill.”

Prior to joining Dickstein Shapiro, Mr. Levitas was Staff Director and Chief Counsel to the United States Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy & Consumer Rights from 1999 to 2006. In that capacity, he was responsible for developing the Subcommittee’s legislative and oversight agendas, and directing work on the entire range of issues within the Committee’s jurisdiction, including homeland security, immigration, antitrust, intellectual property, tort reform, criminal justice, constitutional issues, and judicial nominations. He also developed and organized Subcommittee hearings and worked closely with the full Judiciary Committee on other antitrust issues. Mr. Levitas received his J.D. from Harvard Law School and his B.A. from University of Pennsylvania.

“Dickstein Shapiro’s State AG practice has a great reputation for doing first-class work on a wide range of policy issues, including antitrust and litigation as well, which makes it an ideal fit for me.,” said Mr. Levitas. “I look forward to helping the firm’s clients gain a competitive edge by working with them to reach the right outcomes on important matters, and by assisting them in presenting complex issues in a clear and coherent way to state and federal decision-makers.”

Mr. Levitas’ addition to the firm coincides with the firm’s recent strategic alliance with former New Mexico State Attorney General Patricia Madrid, who will serve as an exclusive consultant to the firm’s State Attorneys General practice.

Dickstein Shapiro’s State Attorneys General practice is the largest in the United States. For more than 25 years, Dickstein Shapiro attorneys successfully have represented leading companies in a wide range of industries before State Attorneys General. Representative clients include AT&T, DuPont, Pfizer Inc., The Recording Industry Association of America, Time Inc., and HBO. Firm attorneys have earned the trust and respect of State Attorneys General, both as a result of years of working with them on behalf of corporate clients, and through representation of the states themselves.

05-10-2007

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Dechert LLP

Dechert LLP Advise Capital Management House on Launch of Islamic Private Equity Fund
International law firm Dechert LLP, advised Bahrain?s capital management house on the launch of its first Shari?ah compliant private equity fund. The Fund is seeking to raise US$ 150 million, and has been established to invest mainly in the Gulf Cooperation Council and North Africa regions and in certain cases in Europe and North America.

The CMH Enterprise Fund I plans to invest in manufacturing, utility, energy, healthcare, services and technology related companies. The Fund is guided by the Shari'ah laws, rules and principles in its activities and operations.

Capital Management House - the first Islamic investment financial institution to be granted a Category 1 license by the Central Bank of Bahrain - provides Islamic structured finance, corporate finance and investment advisory, asset management, private equity , and mergers and acquisitions, products and services , in addition to a wide range of Islamic financial and investment solutions.

Dechert LLP advised CMH from its offices in London and the US. In London, the Dechert team was led by Islamic finance specialist partner Abradat Kamalpour, assisted by associate Eduardo Barrachina. In the US, the Dechert team was led by partners Timothy Clark and Andreas Junius assisted by associates Reza Pishva and John Thornton.

Said Abradat Kamalpour:
"This was an extremely important deal for CMH. The Islamic private equity space is a dynamic and growing sector of the Islamic finance industry and we are delighted to have worked with such a high profile client as CMH on this important initiative."

Walkers advised CMH on Cayman Islands law and Al-Sarraf & al-Ruwayeh on Bahraini law.

05-10-2007

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