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The Inequitable Conduct Plague in U.S. Patent Litgation: Is it Over and is the CAFC Moving Away from an Absolute Liability Standard?
Finnegan Henderson lawyers Thomas Irving and Adriana Burgy with law clerk Stacy Lewis authored a BNA International IP & Technology Programme article about recent Federal Circuit cases that discuss inequitable conduct. Starting with the decision in Purdue Pharma v. Endo Pharmaceuticals the Court appears to be shifting away from an absolute liability standard and providing some relief against the "habit" of charging inequitable conduct in almost every major patent case.

07-17-2006

Nationally Prominent Litigator Gregory Evans Joins Milbank
Milbank, Tweed, Hadley & McCloy LLP announced today that Gregory Evans, age 45, a nationally prominent trial lawyer and litigation attorney, has joined the Firm in its Los Angeles office. Prior to joining Milbank, Mr. Evans was a partner in the litigation department at Orrick, Herrington & Sutcliffe LLP.

Mr. Evans’ experience includes trials and litigation for numerous blue chip clients, including Vodafone, Nike, Sherwin-Williams Co., Village Voice Media, U-Haul, Nissan, Hewlett-Packard, The Burlington Northern and Santa Fe Railway Company, 3M Corporation, and Sysco. He will continue his practice in all types of business disputes, including contracts, unfair competition, trade secrets, tort, corporate governance, stock-option vesting, fraud, consumer class action, land use, anti-trust, environmental, and RICO.

In a statewide profile, the Daily Journal publications (The Los Angeles Daily Journal and The San Francisco Daily Journal) called Mr. Evans one of California’s top litigators and most highly regarded lawyers. The American Lawyer named him one of America’s top 45 lawyers under age 45.

Mr. Evans also devotes many hours to community involvement and was recently recognized in the Los Angeles and San Francisco-area legal newspapers for his business and civic achievements. He serves on the national Board of the NAACP Legal and Education Defense Fund, an organization founded by Justice Thurgood Marshall. He is also a member of La Raza Lawyers, a member of the Board of Governors of the Association of Business Trial Lawyers, and president of Angel’s Flight, a center for runaway and homeless youth in Los Angeles. Mr. Evans is a member of the Board of Trustees for Catholic Charities of Los Angeles and the Board of Directors of the YMCA of San Francisco.

07-17-2006

Celebrating Together with The New Milestones Foundation
In July, a group of Graves Dougherty volunteers worked at Kinney Housing, a small apartment complex owned and maintained by The New Milestones Foundation. The complex provides housing for independent persons with mental illness that come through the Austin Travis County Mental Health Mental Retardation Center.

The GDHM volunteer group helped in landscaping the grounds of Kinney Housing. With a little luck and lots of water, the lovely plants will continue to enhance the yard for years to come.

The New Milestones Foundation works in partnership with the Austin Travis County MHMR Center to expand awareness, eradicate stigma, and raise funding to address the needs of those in our community affected by mental retardation, mental illness or substance abuse issues.

07-17-2006

Two White & Case Lawyers Named Tops in International Arbitration
An article in the July-September 2006 issue of PLC Cross-Border Quarterly ranked Stephen Bond (Paris) and Carolyn Lamm (Washington DC) as two of the Top 20 International Arbitration lawyers in the world in an article titled ""The Arbitration Elite - In a League of Their Own.""

The magazine, published by Practical Law Company, noted that Lamm ""has earned plaudits for her work on ICSID disputes; standout work for the year includes PIATCO v Republic of the Philippines (valued at over US$1 billion)"" while Bond ""specialises in the field of international commercial arbitration. Predominantly serves on disputes relating to the oil and gas sectors, and international joint ventures.

07-17-2006

“Delta Hires EVP of Human Resources and Labor Relations”
Michael Campbell joins Delta Air Lines as Executive Vice President, Human Resources and Labor Relations

07-17-2006

Law Firm Profile: Dechert LLP
Dechert LLP has expanded at a sprinter’s pace in
recent years. So quickly, in fact, that the firm’s growth will likely taper off in
the near future, according to IP practice chair Martin J. Black.

But the firm’s IP practice continues to swell, and is expected to assume an
even more prominent role within the firm in coming years. Associates in the
firm’s Palo Alto office are begging for more hires to keep up with the
burgeoning workload, said partner Jim Elacqua.

Since 2004, the firm has hired about 300 lawyers, bringing its total workforce
to about 950 attorneys. Some of the firm’s hires have come in large groups:
57 joined Dechert from Swidler Berlin Shereff Friedman, 41 came to Dechert
from Coudert Brothers, and in February, Dechert raided Dewey Ballantine
and came away with 14 IP lawyers who helped launch an Austin,
Texas-based office devoted entirely to intellectual property.

Despite the breakneck pace of hiring, the firm’s personnel moves are far from
haphazard. Growth is always strategic at Dechert—the firm won’t add offices
or attorneys for the sake of growing, according to Martin Black.

“There are some firms which grow for the sake of growth,” Black said. “We
do not believe in that philosophy. We grow the practice areas that we feel are
important for our clients and actively try to manage that growth.”

About five years ago, Dechert identified intellectual property as a priority
practice area. The firm’s recent hires have been geared toward bolstering
either the IP practice or one of five other areas—including product liability
and white-collar crime—deemed integral.

“We decided that IP was an area that we really wanted to focus on and make
one of the pillars of the firm,” Black said. At Dechert, the lion’s share of IP
work is devoted to patent litigation, although the 70 attorneys in the practice
group also handle counseling, trademark and copyright issues, and trade
secret disputes.

Black estimated the group focused about 70% percent of its efforts on
litigation, 15% on patent counseling and related matters and 15% on general
IP advice.

Jim Elacqua, an IP litigator partner with Dechert’s Palo Alto branch, was part
of the 14-lawyer exodus from three Dewy Ballantine offices in February.

Dechert was more conducive to building a substantial IP practice in a large
firm environment, Elacqua said.

Certain cases, as well as client contacts, followed the 14 attorneys to
Dechert. Six cases that involved computer maker Gateway, including one
before the ITC, came over, as did client contacts from tech company 3M.

Elacqua clearly had no regrets about the move. He’s wanted to be a patent
litigator since he was a nineteen-year-old engineering student at Clarkson
University. A career in law crossed his mind after hearing his roommate talk
about his brother-in-law, who happened to be a patent attorney. Elacqua
relishes the opportunities he sees as a patent lawyer in Silicon Valley.

“I come to work and I enjoy the job, and I have for thirty years. Every day,
you’re facing something new—a cutting edge technology, or some new legal
issue,” Elacqua said. “What a great challenge to wake up to every day.”

Elacqua and Black both touted Dechert’s substantial experience with the
International Trade Commission as an asset that sets their firm apart from
the competition.

“The ITC is a really important forum for many of our clients now,” said Black.
“You need to have experienced counsel to litigate effectively there, and our
lawyers have covered several dozen cases before the ITC.”

“We have a critical mass of lawyers who can handle just about any type of
patent litigation,” Black added.

Dechert’s IP group has worked on behalf of clients including Microsoft Corp.,
Intel Corp., Boston Scientific Corp., Gateway Inc. and 3M.

While Dechert may not grow at the explosive clip of the past few years, it will
still grow, Black said.

“Success breeds more success,” said Black. “The firm is now firmly in the top
ranks of American law firms generally and we expect to stay there and
improve our position. The IP practice is on the same trajectory.”

Dechert’s future moves may include opening an office in Asia, according to
Black.
--By Ben James, ben.james@portfoliomedia.com

07-17-2006

Steve Gariepy to Chair of the Planned Giving Council for the Cleveland Museum of Art.
Crain's Cleveland Business

07-17-2006

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