Law Firm News

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Law Firm News

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Thelen, Reid, Brown, Raysman & Steiner, LLP

Thelen Wins Patent Infringement Case for SCAFCO
A Thelen Reid Brown Raysman & Steiner LLP trial team has won a significant patent infringement victory on summary judgment for client SCAFCO Corporation.

On June 11, 2007, in a complete victory for our client, the U.S. District court for the Central District of California found in favor of SCAFCO on the grounds that the plaintiff, Brady Construction Innovations, Inc., impermissibly enlarged the scope of its patent on steel beams more than two years after the original patent was issued. The patent in question specifically referred to a slotted header system, using studs with pre-drilled holes, for use in the construction industry.

SCAFCO argued that, while additional language was added to the patent claim in the reissue of the patent, the language did not narrow the claim. The key to the ruling was that merely adding words to a patent claim did not necessarily narrow its scope.

"The two-year rule against 'enlarging the scope' is rigid," said lead trial attorney and Thelen Los Angeles partner Breton A. Bocchieri. "The patent holder, Brady Construction, argued that the claims were not broadened because, according to Brady, new terms were added to the claims at issue, which narrowed the scope of the patent. The challenges in this case were explaining why the added language did not narrow the scope of the purported invention at issue, and why the reissued claim violated the rule against broadening."

Bocchieri added: "We demonstrated that the invention had, in fact, been broadened more than two years after issuance of the patent, and that the patent was invalid under the rigid rule."

Bocchieri was assisted in the matter by Los Angeles of counsel Thomas A. Douvan.

07-06-2007

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Stradley Ronon Stevens & Young, LLP

Saler Appointed to Independent Commission by Gov. Rendell
Stradley Ronon Government & Public Affairs Co-chair John R. Saler was recently appointed by Pennsylvania Gov. Ed Rendell and unanimously confirmed by the Pennsylvania Senate to the Pennsylvania Public Television Network (PPTN) Commission, which is the policy and decision-making board for PPTN. The Commission is an independent group that provides leadership and accountability in guiding, supporting, and advocating public telecommunications to educate, enlighten, inspire and connect the citizens of the Commonwealth. PPTN is a technology service and grant-making agency to eight PPTN member public television stations.

"I am honored to serve the Commonwealth and Gov. Ed Rendell on the PA Public Television Network Commission. I have been a strong proponent of public television throughout my entire professional life," said Saler. "And as the father of young children, I am grateful to programmers and producers alike who afford us the opportunity to both learn and be entertained in such creative ways."

As co-chair of the firm's government & public affairs practice group, Saler provides government and media relations services to Fortune 500 companies, privately held firms and nonprofit organizations. He represents businesses in a wide array of industries including health care, telecommunications, financial services, insurance, utilities, real estate, gaming and pharmaceuticals. Saler is a registered lobbyist in Pennsylvania and Washington, D.C.

07-06-2007

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Pillsbury Winthrop Shaw Pittman LLP

Media Advisory: Pillsbury Open Source Team Leader Explains Significant Implications of Newly Released GPL3 Open Source License
McLean, Va.: The Free Software Foundation recently released the GNU General Public License, version 3, or “GPL3.” The changes have significant implications on commercial and open source enterprises. A number of influential players, including Linus Torvalds, have not yet indicated whether they will switch to GPL3 or remain with GPL2. Torvalds is the primary voice for the Linux operating system. Some of the most significant changes from GPL2, which has been used since 1991, include limitations on use of digital rights management (DRM) tools, mandatory patent licensing requirements and the waiver of certain rights to enforce patents (even as a counterclaim if sued first) and the prevention of what the FSF refers to as “tivoization,” that is, preventing consumers from modifying software in certain consumer products.

Another significant change relates to what “source code” must be released if you modify and release GPL3 software Other changes in GPL3 include changes to the terminology to avoid US copyright law centric terms to “internationalize” GPL3 and making the GPL3 compatible with some licenses which are not compatible with GPL2. Due to these changes, it is imperative that entities considering the use of GPL3 software understand the ramifications of doing so.

“Changes from GPL2 to GPL3 are significant and require a clear understanding on the part of CIO’s and general counsel,” commented James G. Gatto, a partner and National Section Leader of Pillsbury Winthrop Shaw Pittman’s Intellectual Property practice and co-leader of the practice’s Open Source team. “Many of the changes in GPL3 are good changes and there are certainly some advantages to using GPL3. However, for some entities, GPL2 will remain a better choice.”

Gatto adds that while GPL3 and GPL2 will both remain options going forward, the use of software covered by GPL2 will not be compatible with software covered by GPL3. This and other factors require a deliberate choice by companies as to which to use for any given project, after weighing the business objectives and legal ramifications.

Pillsbury Winthrop Shaw Pittman’s Open Source team advises clients on all aspects of Open Source issues. Its Intellectual Property practice advises clients on developing successful and comprehensive IP strategies by protecting, managing, asserting, defending, and leveraging their IP assets. With a team of over 180 IP attorneys, plus technical consultants and patent agents, in Northern Virginia, San Francisco, Silicon Valley, Los Angeles, Washington, D.C., New York, San Diego, Sacramento, Tokyo, London, and other offices around the country, Pillsbury’s IP team has a wide range of advanced scientific and technical degrees in areas including electrical and mechanical engineering, chemistry, biology, physics, and other technical disciplines.

07-06-2007

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Parker Poe Adams & Bernstein LLP

Parker Poe Expands Employment & Employee Benefits Group
Michael L. Schenk has joined Parker Poe as special counsel in the Charlotte office. Mr. Schenk’s practice focuses extensively on qualified and nonqualified retirement plans, executive compensation arrangements and stock-based compensation. He regularly represents clients before the Internal Revenue Service, with specific focus on the IRS’ Employee Plans division, as well as the Employee Benefits Security Administration of the US Department of Labor.

Mr. Schenk advises a wide range of clients, including technology, health care and manufacturing companies as well as tax-exempt and governmental entities. He primarily focuses on 401(k) plans, with extensive experience in correcting qualified plan operational and documentary errors on behalf of clients utilizing the IRS’ Employee Plans Compliance Resolution System.

Mr. Schenk received his BBA from Eastern Michigan University and his JD, cum laude, from Wake Forest University

07-06-2007

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Parker Poe Adams & Bernstein LLP

J. Christopher Clark Expands Parker Poe’s Myrtle Beach Office
Chris Clark has joined Parker Poe Adams & Bernstein LLP as special counsel in the Myrtle Beach office. His practice is focused on commercial and civil litigation. He represents clients in construction defect and owner/contractor disputes, as well as in products liability, business torts, consumer protection, insurance defense and manufacturer liability cases.

Prior to joining Parker Poe, Mr. Clark served as litigation counsel for Burroughs & Chapin Company, Inc., a real estate development company in Myrtle Beach with holdings throughout the Southeast. Mr. Clark received his BA, cum laude, from the University of Kentucky and his JD, cum laude, from the University of South Carolina.

07-06-2007

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McAfee & Taft A Professional Corporation

Long Outlines Geico Case Ruling
Just days before joining McAfee & Taft, attorney Brandon Long was in Washington, D.C., hearing oral arguments before the nation's highest court. While with the law firm of Baker & McKenzie, Long drafted the petition asking the U.S. Supreme Court to hear Geico Insurance Co. v. Edo, a case involving alleged violations of the federal Fair Credit Reporting Act (FCRA).

The U.S. Supreme Court ultimately combined the Geico case with a similar case involving Safeco Insurance Company, and a ruling was handed down in June 2007.

Journal Record reporter Marie Price interviewed Long about his firsthand experience working on the case, the court's decision, and what impact the ruling will have on buyers and sellers of insurance with regard to the FCRA.

07-06-2007

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McAfee & Taft A Professional Corporation

Brad Klepper Elected President of Rebuilding Together OKC
Attorney Brad Klepper has been elected president of Rebuilding Together OKC for the 2007 – 2008 term, and colleagues David Ketelsleger and Dudley Hyde serve on the board of directors.

Klepper has volunteered and provided pro bono architectural and legal counsel to Rebuilding Together OKC since 1993 and most recently served as the vice president of the board of directors.

Rebuilding Together’s mission is to rebuild lives and neighborhoods by making homes safe, secure and weatherproof for low-income senior citizens in the Oklahoma City metropolitan area. The organization provides free home repairs, emergency home repairs and home modifications that foster safer mobility through its Year-Round Emergency Repair / Home Modification Program and its annual April Work Day.

Klepper is a licensed architect whose legal practice is concentrated on construction law and intellectual property-related matters. He also serves as general counsel for the Oklahoma Board of Architects, Landscape Architects and Interior Designers.

Prior to embarking on a law career, he worked at the international architectural firm of Rees Associates, Inc.

07-06-2007

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