Law Firm News

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Law Firm News

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Morgan Lewis & Bockius LLP

William Jackson Matney, Jr. and Robert W. Busby Join Morgan Lewis
Morgan, Lewis & Bockius LLP is pleased to announce that William Jackson (Jack) Matney, Jr. and Robert W. (Bob) Busby have joined the firm as partners in the Washington, D.C. office. Mr. Matney and Mr. Busby focus on patent litigation and related patent services.

Mr. Matney has worked on patent matters involving a wide variety of technical subjects. In the area of trademarks, he has prosecuted trademark applications and handled cyber squatting and typo-squatting matters before both federal courts and WIPO panels.

Mr. Matney has a B.S. in chemical engineering from Virginia Polytechnic Institute & State University, an M.B.A in finance from Central Michigan University, and a J.D., with honors, from George Washington University Law School. Prior to graduating from GWU, Mr. Matney worked for eight years at Dow Chemical Company and for four years as an examiner at the United States Patent and Trademark Office.

Mr. Busby concentrates his practice on intellectual property litigation and has also prepared and prosecuted a wide range of patent applications on various technologies and products. He has been significantly involved in all aspects of district court litigation in various district courts, including leading jury trials and handling claim construction hearings.

Mr. Busby has a B.S. in electrical engineering from the Naval Academy and graduated with high honors, Order of the Coif, in 1997 from the George Washington University Law School. Prior to practicing law, Mr. Busby served in the U.S. Navy for 11 years, beginning as an electronics technician and ending as an officer on a nuclear submarine.

"Our clients will be impressed by the global platform of the firm and its deep bench in Intellectual Property," said Mr. Matney. Mr. Busby added, "Morgan Lewis has recently enjoyed a series of successful results in patent litigations, including a Top Ten patent infringement damage award for a key firm client and the issuance of an exclusion order by the U.S. International Trade Commission. This patent litigation strength will be attractive to clients." Robert J. Gaybrick, co-chair of the firm's Intellectual Property Practice, commented, "The addition of Jack and Bob adds even more talent to the firm's patent litigation and counseling practices, which are areas of high strategic importance.

02-27-2007

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Wiley, Rein & Fielding, L.L.P.

Thomas Brunner Named a Leading Insurance Lawyer
Thomas W. Brunner, chair of Wiley Rein LLP’s Insurance Practice has been named a “Leading Insurance Lawyer” by the Legal Times.

The Legal Times profile of Mr. Brunner spotlights some of his many successes and notes that the Insurance Practice he and five other attorneys launched more than 20 years ago, now boasts 40 attorneys specializing in a wide range of insurance specialties, including federal and state regulation, health care, general liability and property coverage, professional liability, reinsurance, transactions and insurance fraud. Commenting on the challenges—given the complexities of cases and the myriad of each state’s rules and regulations—such a diverse practice presents, Mr. Brunner told Legal Times, “Keeping up with it can be very hard, but that’s also part of what’s fun.”

As reported by the Legal Times, Mr. Brunner “represents an impressive list of clients, including such well-known insurers as AIG, Chubb, CNA, Nationwide, St. Paul Travelers, Swiss Re and the Winterthur Group.” Clients interviewed for the profile told the paper that Mr. Brunner’s “knowledge of the industry and his analytical and strategic skills are what set him apart.”

Mr. Brunner is a graduate of Columbia University, and he received his J.D. from Yale University.

02-27-2007

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Sughrue Mion PLLC

Old Dominion "Quacks" Held Not To Infringe Crocs' Foam Shoes
The International Trade Commission (ITC) issued a decision terminating Old Dominion Footwear from a proceeding instituted by Crocs, Inc., makers of the popular foam clog-like shoe, against twelve of Crocs’ competitors. This decision, obtained by Old Dominion’s counsel Sughrue Mion, PLLC, an international intellectual property firm in Washington D.C., ensured Old Dominion that it could continue to sell its AquaDuck® line of Quacks shoes; a condition that is less certain for the other eleven companies.

In 2006, Crocs filed a complaint alleging infringement of Crocs’ design and utility patents for foam footwear by twelve respondents. Crocs sought a general exclusion order to prohibit all foam footwear, including Old Dominion Footwear’s Quacks shoes, from being imported and sold in the United States. Virginia-based Old Dominion Footwear was not named in the complaint, but its Quacks shoes were alleged to be infringing Crocs’ design patent. Upon learning that its client’s Quacks shoes were being targeted for infringement, the Sughrue trial team successfully moved to intervene on behalf of Old Dominion Footwear as a party in the investigation.

On November 7, 2006, the Administrative Law Judge (ALJ) with the ITC determined that none of the respondents infringed Crocs’ design patent. However, this decision was appealed by Crocs to the Commission. On February 15, 2007, the Commission ruled to terminate the investigation with respect to Old Dominion Footwear while remanding the ALJ’s decision for further consideration. The Commission’s decision affirmed the ALJ’s holding that the AquaDuck® line of Quacks shoes does not infringe Crocs’ design patent while leaving the remaining respondents to continue to defend their designs against Crocs’ attack.

“This is a great outcome for us,” Barry Guthrie, CFO for Old Dominion Footwear, said. “Even if Crocs is able to secure an exclusion order for other manufacturers and sellers of foam footwear, Old Dominion can continue to sell our Quacks shoes. These are very popular shoes for us, and this decision assures that we can continue to sell our Quacks shoes no matter what the outcome as to our competitors. We are quite pleased with Sughrue’s work for us in this case.”

“The speed at which the ITC works is clear in this decision. With patent cases in other venues, the case can go on for years,” William Mandir, a partner at Sughrue and lead trial counsel for Old Dominion Footwear, said. “The quick decision in favor of Old Dominion Footwear meant that their business was not interrupted and they could continue to meet consumer demand for their shoes, without worrying about what the outcome would be. The fact that Crocs, Inc.’s projected total revenues for fiscal year 2006 are more than $300 million illustrates the huge market potential in this industry and the high demand for quality products.”

In addition to Mr. Mandir, the Sughrue trial team included Mack Webner, Grant Rowan, and Daniel Williams.

02-27-2007

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Smith Anderson Blount Dorsett Mitchell & Jernigan LLP

Smith Anderson Receives 2007 Business Support of the Arts Award from the United Arts Council of Raleigh and Wake County and Chamber of Commerce
In a reception last evening, the United Arts Council of Raleigh and Wake County, Inc. and the Greater Raleigh Chamber of Commerce awarded its 2007 Business Support of the Arts award (Large Business category) to Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan.

Others recognized last evening were Greg Paul Builders (Small Business category), Margery and Earl Johnson, Jr. (Individual category) and Harris Creek Elementary principal Mrs. Vicki Perry (Arts Education category).

Each year, the United Arts Council and Chamber recognize "outstanding contributions to the arts" in the Triangle-area. Raleigh-based, non-profit visual arts center Artspace (www.artspacenc.org) nominated Smith Anderson for this award and noted in its nomination package that for many years, "the Firm and its employees have graciously given not only time and financial support, but passion to build a strong and vibrant arts community in our area." Recently, Smith Anderson's contributions included over 350 hours of pro bono legal service to Raleigh-area arts organizations.

"We greatly appreciate this recognition and look forward to many more years of service to the Raleigh arts community" said John L. Jernigan, managing partner at Smith Anderson.

02-27-2007

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Quarles & Brady

Kimberly Leach Johnson Elected to the Executive Committee of Quarles & Brady LLP
Quarles & Brady partner Kimberly Leach Johnson is elected to the Firm's Executive Committee. As the first representative from the Florida office, she will add her extensive Trusts & Estates experience to the Firm's highest governing body.

02-27-2007

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Perkins Coie LLP

Perkins Coie Awards $20,000 Grant for Stem Cell Research
Perkins Coie announced that it has presented its $20,000 "Award for Discovery" to Morayma Reyes, M.D., Ph.D., a researcher in the University of Washington's School of Medicine, South Lake Union campus, to fund a research project to isolate and identify stem cells to regenerate heart tissue.

The award is part of the firm's five-year commitment to support translational research at the UW Medical School's South Lake Union campus. Each year, from 2007 to 2011, the firm will award a $20,000 grant to support a new project to generate data that could be used as a basis for a new and significant research program that could be funded by NIH or other funding agencies. The award to Dr. Reyes is the first in this program.

In her grant application, Dr. Reyes explained that she and her team will use the award to fund a pilot study to explore whether cardiac muscle contains multipotent adult progenitor cells (MAPC) or MAPC-like cells. These cells are considered to be more suitable sources of stem cells to regenerate heart tissue.

"The long-term goal of this proposal is to use these stem cells to treat heart attacks and other cardiovascular diseases," she explained.

"We are delighted to be supporting cutting-edge science at the Medical School's South Lake Union campus," said Jim Lisbakken, a partner in the firm's Licensing & Technology practice and chair of the firm's Life Sciences Practice. "Dr. Reyes' research could one day save hundreds of lives, and we are proud to help make that a possibility."

"Perkins Coie is a leading international firm very much engaged in the Seattle community. Dr. Reyes' work has the potential to lead to the life-saving treatment of cardiac illnesses. It is a great partnership," said John Slattery, Ph.D., vice dean, Research and Graduate Education at the University of Washington's School of Medicine.

02-27-2007

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Thompson & Knight LLP

T&K Attorney Publishes Article on Risk-Shifting Agreements in Construction Contracts
For years, parties to construction contracts allocated their anticipated risks through indemnification and additional-insured agreements. However, a recent change in standard liability insurance policies may leave additional insureds without coverage for risks that the parties intend to cover," according to Thompson & Knight Senior Counsel David S. White. White's article entitled "Risk Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To," was published in the January 2007 issue of ALI-ABA's The Practical Real Estate Lawyer.

According to the article, additional-insured endorsements issued after 2004 leave the owner without insurance coverage and possibly subject the subcontractor to a lawsuit from the owner for which the subcontractor may have no coverage. White's article explains why this change has occurred and suggests appropriate remedies.

"Subcontractors should seek the best coverage available and communicate clearly with other parties to the contract exactly what insurance coverage is available. Only if the parties discuss insurance shortfalls ahead of time, can they reach a rational plan for managing workplace risks," White says.

White is Senior Counsel in the Trial Practice Group of Thompson & Knight's Dallas office. He focuses his practice on insurance coverage law and commercial litigation. He represents insurance professionals and policyholder clients in coverage and bad-faith litigation and counsels corporations, corporate directors, and individuals on strategies to strengthen risk management programs through insurance and contractual indemnification arrangements.

02-27-2007

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