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 Patent Litigation
Trademark and Unfair Competition
ITC 337 Proceedings
IP and Related Antitrust Matters
Alternative Dispute Resolution
 Appeals
Damage Awards
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Appeals |
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Morgan & Finnegan's litigators work closely with our skilled patent lawyers and scientific advisors to create arguments that are not only persuasive to a judge or jury, but also tightly presented from a technical perspective. Nowhere is this more critical than in the appellate process. An unusually large number of intellectual property cases are appealed, so our procedure is to create doubly winning arguments, those that are convincing in the first instance and also stand up in the demanding forum of the appellate court. Our attorneys take great pride in the quality of documents and arguments underlying their cases, and demonstrate outstanding skill in presenting those cases in venues such as the Supreme Court, Courts of Appeals and state appellate courts throughout the country.
Most of our trial court decisions have been affirmed on appeal. For example, we managed a 4-1/2-year litigation defending Bombardier against alleged infringement of personal watercraft and snowmobile security power technology owned by Boss Control, and obtained a summary judgment of noninfringement which was affirmed by the Court of Appeals for the Federal Circuit. We won a willful patent infringement award of $72 million for the Stryker Corp. in a patent infringement suit against Intermedics Orthopedics, and then successfully convinced the Federal Circuit Court of Appeals to uphold the decision of the lower court. We also successfully represented applicants in an en banc appeal to the Federal Circuit addressing the issue of the Federal Circuit's standard of review of Patent Office decisions.
We also effectively litigate in the appellate courts to overturn unfavorable verdicts, such as in our representation of Dynamics Corporation of America in a design patent and trade dress infringement case against Braun involving hand-held blenders. At the Federal Circuit, we obtained a reversal of a potentially costly jury verdict of willful patent infringement that would have required payment of triple damages, as well as a reversal of the verdicts of Lanham Act trade dress infringement and unfair competition under state law.
Occasionally the firm files amicus curiae briefs on behalf of our clients. We were lead counsel on the amicus brief filed in the Federal Circuit on behalf of IBM, Eastman Kodak and Ford Motor Company in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushik. The brief was specifically cited in the majority opinion. We were lead counsel on an amicus brief in the U. S. Supreme Court on behalf of IBM, Kodak, Ford, Agere Systems and the Financial Services Roundtable, and co-authored an amicus brief on behalf of the American Intellectual Property Law Association in the case of UMC Electronics Co. v. United States and the Federal Circuit Bar Association in Phillips v. AWH Corporation.
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