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Firm News 2004 Archive
Fitch Even Recognized By The National Knowledge And Intellectual Property Management Taskforce Liquid Dynamics Corporation Wins Patent Infringement Trial Fitch Even Partner Presents Damages Program At AIPLA Annual Meeting Fitch Even Partner Honored For Role In Liberating France In World War II Fitch Even Partner Appointed As Vice-Chair Of The AIPLA's IP Law Associations Committee Cytomedix Receives Favorable Patent Infringement Ruling Fitch Even Partners Designated Leading Lawyers In Illinois Fitch Even Welcomes New Partner Rain Bird Corporation Obtains Preliminary Injunction Protecting Trademark Rights Fitch Even Attends Major International Intellectual Property Congress Auto Meter Obtains Consent Orders In ITC Investigation Of Automotive Measuring Devices Fitch Even Welcomes 2004 Summer Associate Class Default Orders Entered In Auto Meter's ITC Investigation Of Automotive Measuring Devices Rain Bird Corporation Successfully Opposes Preliminary Injunction Motion Fitch Even Adds Partner John Bauersfeld To Open New Los Angeles Office Fitch Even Partner Accepts Award From American Chemical Society Cytomedix Obtains Favorable Markman Claim Interpretation Ruling iWork Software Wins Federal Circuit Appeal Fitch Even Recognized By The National Knowledge And Intellectual Property Management Taskforce
December 8, 2004 Fitch Even was recognized by the National Knowledge and Intellectual Property Management Taskforce at the annual Executive Briefing conference held in Washington D.C. on December 8, 2004. The firm received a distinguished service award for its contributions to the Taskforce's initiatives in researching and developing improved ways to realize value from intellectual property. Steve Parmelee received a distinguished fellow award for his individual contributions to the Taskforce efforts, which include the publication of his book entitled Strategic Patent Portfolio Management. Fitch Even partner, Karl Fink, is one of the steering committee members of the Taskforce. Liquid Dynamics Corporation Wins Patent Infringement Trial
November 12, 2004 Fitch Even is pleased to announce another successful result in a patent infringement trial. Liquid Dynamics Corporation won its trial against Vaughan Company, Inc. in the United States District Court for the Northern District of Illinois. On October 25, 2004, the jury delivered its verdict finding that Vaughan willfully infringed Liquid Dynamics' United States Patent No. 5,458,414 ("the '414 patent") and reaffirming the validity of the '414 patent. On November 12, 2004, the District Court conducted a bench trial on Vaughan's claim that the '414 patent was unenforceable due to inequitable conduct and denied that claim on the same day. This lawsuit was originally filed in September of 2001. In July of 2002, the District Court granted Vaughan summary judgment on the issue of infringement. Liquid Dynamics, however, successfully appealed that judgment. The United States Court of Appeals for the Federal Circuit reversed the judgment because the District Court erred in interpreting certain claim language and there was sufficient evidence from which a reasonable jury could conclude that Vaughan's systems infringe the '414 patent. Liquid Dynamics Corporation v. Vaughan Company, Inc., 355 F.3d 1361 (Fed. Cir. 2004). As a result, the lawsuit was remanded to the District Court for trial. The '414 patent is directed to storing and mixing system technology commonly employed in wastewater treatment facilities. The technology of the '414 patent has achieved industry award winning status and great commercial success. The Liquid Dynamics litigation team at Fitch Even includes Steven Schroer, Mark Hetzler and Jon Birmingham. Fitch Even Partner Presents Damages Program At AIPLA Annual Meeting
October 15, 2004 Partner Phil Petti presented a program titled "Is Greed Good? Taking Advantage Of, And Holding The Line Against, The Merger Of Lost Profits and Price Erosion Damages" at the October 2004, Annual Meeting of the American Intellectual Property Law Association in Washington, D.C. The program featured pre-trial strategy sessions between counsel and expert witnesses for the patentee and for the infringer. This was followed by examination of the experts before Senior Judge Donald D. Alsop, United States District Court for the District of Minnesota. Auto Meter Products, Inc., Receives Principal Registration Of Its "Super Bezel" Trademark And Product Design
September 14, 2004 On September 14, 2004, the U.S. Patent and Trademark Office issued Principal Registration No. 2,883,435 for Auto Meter's Super Bezel trademark and product design. The Super Bezel is one of Auto Meter's most recognizable trademarks, and its Registration was the subject of a lengthy trademark opposition trial in the Trademark Office. Auto Meter is also protecting the Super Bezel in the International Trade Commission investigation In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels for Such Devices, No. 337-TA-494. Partner Phil Petti represents Auto Meter Products in the Patent And Trademark Office, and is co-counsel in the International Trade Commission investigation. Fitch Even Partner Honored For Role In Liberating France In World War II
September 8, 2004 Partner Francis Even recently received the Legion Of Honor medal from France's Defense Minister, Michele Alliot-Marie, for his role in liberating France from Nazi occupation during World War II. Mr. Even received this honor while he traveled in France for the 60th anniversary of the liberation with nine former members of the United States Army's 3rd Division. Fran served as an officer in the 10th Engineer Combat Battalion of the 3rd Division. Fitch Even Partner Appointed As Vice-Chair Of AIPLA's IP Law Associations Committee
August 30, 2004 Partner Phil Petti has accepted the invitation to serve as Vice-Chair of the AIPLA's IP Law Association Committee for 2004-2005. This committee works with IP law associations across the United States to encourage cooperation with the AIPLA, and includes activities such as sponsoring and promoting educational programs, IP law advocacy and information sharing. Mr. Petti is also active on AIPLA's Programs Committee and On-line Education Committee. Fitch Even Presents Symposium On "Pharmaceutical Legislation And Regulation" For The American Chemical Society's Fall 2004 National Meeting
August 23, 2004 Partner Ken Colton co-organized and moderated the American Chemical Society ("ACS") symposium "Pharmaceutical Legislation and Regulation" on August 23, 2004 in Philadelphia, PA during the Fall 2004 ACS National Meeting. The symposium featured panel presentations on the Hatch-Waxman Act, ANDA litigation, foreign drug importation and generic biological materials (innovator and generic perspectives). Mr. Colton served as Chairman of the ACS's Chemistry and The Law Division in 2003. Cytomedix Receives Favorable Patent Infringement Ruling
July 28, 2004 Cytomedix, Inc. has received a favorable ruling from the United States District Court in a lawsuit it brought against Little Rock Foot Clinic and other named defendants for infringement of its patented platelet-derived therapies for treating wounds and other damaged tissue. On July 26, 2004, Judge James B. Zagel of the Northern District of Illinois entered a summary judgment ruling of patent infringement, finding the defendants' use of a process supplied by SafeBlood Technologies, Inc., known as the SafeBlood Graft™ procedure, literally infringes Cytomedix's U.S. Patent No. 5,165,938. This ruling follows Cytomedix's recent successful enforcement of the '938 patent against other infringers. On June 8, 2004, the United States District Court for the Northern District of Illinois entered a consent judgment against 21st Century Wound Care and Advanced Therapy, L.L.C., and its owner, James Gandy. In that consent judgment, the defendants admitted that the '938 patent is valid and enforceable and that they infringed the patent. The Court entered an injunction enjoining the defendants from making, using, offering to sell, or selling any processes or products that infringe the claims of the patent. The Cytomedix litigation team at Fitch Even includes John Flannery, Tim Maloney, Karl Fink and Rudy Kratz. Fitch Even Partners Designated Leading Lawyers In Illinois
July 2, 2004 Several Fitch Even partners were recently named leading Illinois lawyers in the field of intellectual property in a survey conducted by the Law Bulletin Publishing Company. The Fitch Even attorneys who have achieved this distinction now include Fran Even, John Flannery, Karl Fink, Jim Hamill, Dick Kaba, Bob Jones, Tim Levstik, Joe Nabor, Phil Petti, Ken Samples, Jim Schumann, Joe Shipley and Julius Tabin. Fitch Even Welcomes New Partner
July 1, 2004 Fitch Even is pleased to welcome Gary D. Mann as a partner in the firm's Los Angeles office. Mr. Mann has practiced for over twenty years in the areas of patent, trademark and other intellectual property litigation, having been lead trial counsel in several cases. In recent years, his practice has expanded to include patent prosecution and counseling work in the mechanical, electrical and software arts. Rain Bird Corporation Obtains Preliminary Injunction Protecting Trademark Rights
June 21, 2004 On June 21, 2004, the United States District Court for the Central District of California entered a preliminary injunction on behalf of Fitch Even client Rain Bird Corporation in the case captioned Rain Bird Corp. v. Hit Products Corp., Civil Action No. 02-09422 RMT (Mcx). The injunction prohibits the sale of sprinklers that infringe the trade dress of Rain Bird Corporation's 800 series pop-up sprinklers and the registered trademark RAIN BIRD®. Rain Bird is represented by John Bauersfeld and Steve Schroer. Fitch Even Attends Major International Intellectual Property Congress
June 19-23, 2004 Partner Tim Levstik represented Fitch Even at the 39th Congress of the International Association for the Protection of Industrial Property which took place in Geneva, Switzerland, June 19 - 23, 2004. The Congress, which was attended by over two thousand intellectual property lawyers from all over the world, provided a forum for discussing a wide variety of topics which relate to and affect the patent and trademark laws of virtually all countries and the interaction of the laws between the various countries. The current emphasis is to find ways to harmonize these laws and to facilitate obtaining and enforcing intellectual property rights throughout the world. Auto Meter Obtains Consent Orders In ITC Investigation Of Automotive Measuring Devices
June 18, 2004 The International Trade Commission has agreed to enter consent orders pursuant to settlement agreements between Auto Meter and four of the respondents in the International Trade Commission investigation In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels for Such Devices, No. 337-TA-494. Auto Meter instituted the action against 18 parties to stop the importation of tachometers and gauges that Auto Meter contends infringe its Super Bezel trademark, Registration No. 1,903,908, and the trade dress of Auto Meter's Monster Tachometer. The settling parties agreed to stop importing the products at issue, and one also agreed to a license from Auto Meter. Auto Meter is represented by Phil Petti with co-counsel Merritt Blakeslee of DeKeiffer & Horgan. Fitch Even Welcomes 2004 Summer Associate Class
June 10, 2004 Fitch Even is pleased to welcome Nada Ardeleanu, Jeremy Bridge, Michelle Glessner, Shameen Thakrar, Kathryn Devine and Meghan Rooney as summer associates in the firm's Chicago office. We also welcome Patrick Lavender and Marcus Hunt as summer associates in the San Diego office, and Matthew T. Bresnahan and Hillary A. Hohnbaum as summer associates in the firm's San Luis Obispo office. Default Orders Entered In Auto Meter's ITC Investigation Of Automotive Measuring Devices
June 8, 2004 On June 7 and June 9, 2004 default orders were entered against infringers Modern Work, Inc. of Taiwan and Dynamik Exhaust Industry Co., Ltd. and LPL Transtrade Co. of Taiwan in the International Trade Commission investigation: In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels For Such Devices, No. 337-TA-494. Two other default motions were previously granted against Auto Gauge Co. Ltd. and Tenzo R. Auto Meter Products initiated the ITC case against 18 parties to stop the importation of tachometers and gauges that infringe Auto Meter's Super Bezel trademark, Registration No. 1,903,908, the trade dress of Auto Meter's Monster Tachometer and other registered trademarks. Auto Meter is represented by Phil Petti with co-counsel Merritt Blakeslee of DeKeiffer & Horgan. Rain Bird Corporation Successfully Opposes Preliminary Injunction Motion
May 27, 2004 On May 27, 2004, the United States District Court for the District of Minnesota denied a motion for preliminary injunction in a patent infringement suit brought by the Toro Company against Rain Bird Corporation. The case involves wireless rain sensors used in automated watering systems. Rain Bird is represented by John Bauersfeld and Steve Schroer. Fitch Even Adds Partner John Bauersfeld To Open New Los Angeles Office
May 1, 2004 Fitch Even is pleased to welcome John Bauersfeld, who has joined the firm as a partner and will lead the firm's new Los Angeles, California office. Mr. Bauersfeld has more than 35 years of experience practicing patent, trademark and copyright law. He has served as lead counsel in numerous patent infringement and other IP litigations, both at the trial court and appellate level. He represents a diverse client base and adds considerable depth and experience to the firm. The Los Angeles office will enhance Fitch Even's ability to serve clients in the West Coast market. Fitch Even Partner Accepts Award from American Chemical Society
Spring 2004 Fitch Even partner, Ken Colton, accepted the ChemLuminary award on behalf of the Chemistry and the Law Division of the American Chemical Society at the National Meeting in New York City. This award recognized the committees innovation and outstanding service to ACS members. Mr. Colton chaired the Chemistry and the Law Division for the year 2003. Cytomedix Obtains Favorable Markman Claim Interpretation Ruling
March 26, 2004 Fitch Even client, Cytomedix, Inc., has received a favorable ruling from United States District Court Judge James B. Zagel of the Northern District of Illinois regarding the scope of the claims of U.S. Patent No. 5,165,938. The patent relates to the use of platelet-derived therapies for treating wounds and other damaged tissue. Judge Zagel's ruling represents a significant milestone for Cytomedix in its ongoing efforts to enforce the patent in the company's core chronic wound care market, as well as within a number of other markets where platelet gel therapies are currently utilized to enhance the quality of healing. Fitch Even's litigation team for Cytomedix includes John Flannery, Tim Maloney, Karl Fink and Rudy Kratz. iWork Software Wins Federal Circuit Appeal
January 12, 2004 The United States Court of Appeals for the Federal Circuit today entered judgment on behalf of iWork Software LLC affirming a district court decision to dismiss a declaratory judgment lawsuit brought against iWork by webMethods, Inc. The webMethods suit was filed in the United States District Court for the Eastern District of Virginia in response to a patent infringement action commenced by iWork in the Northern District of Illinois against certain users of application integration tools. Fitch Even's litigation team obtained an order transferring the Virginia case to the Northern District of Illinois, and then persuaded that court to dismiss the case on jurisdictional grounds. Tim Maloney argued for iWork in the District Court defending the District Court ruling on appeal. Fitch Even Elects New Partner
January 1, 2004 Fitch Even is pleased to announce that Rudy Kratz has been elected partner of the firm. Mr. Kratz joined Fitch Even's Chicago office in 2000, after working for several years as a law clerk for the Illinois Supreme Court and as a commercial civil litigator. He now focuses primarily on patent and other intellectual property litigation. |