LOTW Runners-Up and Shout Outs
Patent wins for Latham and Kirkland lead our latest batch of Litigator of the Week runners-up.
February 12, 2021 at 07:25 AM
6 minute read
Let's get straight to the Litigator the Week runners-up and shout outs this morning.
David Frazier and Michael Morin and associate Reba Rabenstein of Latham & Watkins get a runner-up nod for their win in the first virtual patent bench trial to push off in Massachusetts. Last Friday, U.S. District Judge Allison Burroughs found for their client, pharmaceutical company Astellas, in a case against ImStem Biotechnology. After a 2 1/2-week bench trial, the judge sided with Astellas on who should be listed as the inventor for technology related to the generation of mesenchymal stem cells.
Also landing runner-up honors this week is a team from Kirkland & Ellis led by partner Amanda Hollis, Kourtney Baltzer and Dan Gross representing rapid diagnostic maker Alere. The Kirkland team won final judgment from the Patent Trial and Appeal Board finding that claims brought by patent enforcement entity Rembrandt were unpatentable. The decision reverses an earlier finding and is among the first where the PTAB has zapped all claims since the U.S. Supreme Court handed down its 2018 decision in SAS Institute v Iancu holding that the PTAB has to reach final judgment on all contested patent claims in cases like Alere's. The ruling covers all the claims Rembrandt is asserting against Alere in parallel district court proceedings in San Diego where Kirkland is also counsel.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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