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| This Week's Feature |
Who Owns the Intellectual Property in Your Case? Standing as a Defense to Patent Litigation
By Vickie L. Henry, Foley Hoag LLP, Boston, Massachusetts
In every patent lawsuit, an early defense question should be whether the patent holder really owns the patent. Surprisingly, they often do not. That is because one of the named inventors was bound by an invention assignment agreement with a former employer at the time of the alleged invention. This could be the key to a successful defense-or at least a sufficient cloud to leverage a favorable settlement. A September 2007 decision by the Federal Circuit, IpVenture, Inc. v. ProStar Computer, Inc., 2007 WL 2812677 (Fed. Cir. Sep. 28, 2007), highlights the requirements for an effective invention assignment agreement and what parties can do after the litigation is filed to make their positions stronger.
[FULL STORY]
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| DRI News |
 President of the Virginia Association of Defense Attorneys
Congratulations to Terrence L. Graves, a principal with Sands Anderson Marks & Miller, PC in Richmond, Virginia, who has been recently installed as the president of the Virginia Association of Defense Attorneys (VADA). A DRI member since 1992, Mr. Graves is a former Virginia State Representative.
[FULL STORY]
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Welcome to DRI's 17 newly appointed State Representatives!
Bradley J. Beehler, Morley Law Firm, Ltd., Grand Forks, ND
Phillip S. Bixby, Friedman Gaythwaite Wolf & Leavitt LLP, Portland, ME
H. Michael Bowers, Wilkes Bowers, P.A., Charleston, SC
Daniel H. Diepenbrock, Law Offices of Daniel H. Diepenbrock, P.A., Liberal, KS
[FULL STORY]
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 Keeping Up with the Latest Electronic Discovery Rules
Leading attorneys explain and analyze the new federal procedure rules, and provide practical tips that every attorney should consider in advising his or her clients in DRI's publication, Understanding the New E-Discovery Rules. Topics include two-tiered discovery, the safe harbor, production in native format, preservation of electronic documents, and international implications. This publication is an essential resource for all defense litigators and in-house counsel who are confronted with e-discovery issues. To order, click here, or call Customer Service at 312.795.1101.
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 DRI's Commercial Litigation Committee's Financial Institution and Creditors' Rights SLG is presenting their teleconference, "High Risk Cases Triggered by the Sub-Prime Lending Crisis," on Tuesday, November 27. Cases arising from the sub-prime lending crisis are hot litigation topics this year. This teleconference will teach you how to recognize and deal with the serious issues your clients are facing as a result of the collapse of the sub-prime market. The program will cover legislative and litigation responses to the sub-prime lending crisis and will focus on ways to recognize and resolve threats to your clients' businesses. To register, click here, or call KRM Information Services at 800.775.7654.
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| And The Defense Wins! |
 DRI member James M. Hoey and two of his partners at Clausen Miller in Chicago obtained a very favorable result for client Three Rivers Insurance Company after a three week jury trial in the U.S. District Court for the Western District of Pennsylvania. The case involved the 2001 collapse of a large piece of machinery called a stacker/reclaimer which was used at the plaintiff's bauxite mining and shipping operation in Guinea, West Africa. Bauxite is the raw material used to make aluminum.
[FULL STORY]
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 Stephen L. Corn of Craig & Craig in Mattoon, Illinois, prevailed in a medical negligence case in Champaign County, Illinois. The plaintiff suffered a third degree perineal laceration during the birth of her second child. She filed suit claiming that the certified nurse midwife who undertook the repair of the laceration used the wrong suture material. As a result, the plaintiff claimed that she suffered a breakdown of the repair, resulting in the need for follow-up surgery.
[FULL STORY]
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Brickford Y. Brown and C. Dewayne Lonas of Moran Kiker Brown PC in Richmond, Virginia successfully defended CNH America LLC and its dealer, Old Dominion Tractor and Equipment Company, in a product liability suit alleging that CNH improperly designed and manufactured a Ford 555E loader backhoe. The plaintiff pled theories of breach of warranty and negligence, although the warranty claims against both defendants were dismissed on summary judgment just before trial. The plaintiff pursued his negligence claims in a week-long jury trial in the Henrico County Circuit Court in Richmond, Virginia in March 2007.
[FULL STORY]
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Butler Snow successfully represented Deere & Company in a products liability lawsuit where the plaintiff claimed it purchased defective tractors that were unsuitable for its landforming business. The Circuit Court of Humphreys County, Mississippi granted summary judgment on strict liability and negligence claims. Frank Holbrook and Amy Pepke of Butler Snow's Memphis office prepared the brief, and Mr. Holbrook argued the motion. Mr. Holbrook defended the remaining claims during a five day trial in Humphreys County, Mississippi where the plaintiff sought damages in excess of $1.2 million. The jury returned a defense verdict in favor of Deere & Company on all claims.
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DRI members Thomas Hayes and Bonnie B. Shappy of Hayes & Windish in Woodstock, Vermont, recently got an affirmance by the Vermont Supreme Court of summary judgment for his client, a school district, in an important case on causation and school district liability for off-campus events. A 15-year-old girl left school during the day and was later raped and murdered. The estate tried to hold the school district liable. The defense got summary judgment on causation grounds, and the estate appealed. The Vermont Supreme Court affirmed.
[FULL STORY]
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DRI wants to hear about your win! Send a short summary and recent photo of yourself to Barb Lowery by e-mail (blowery@dri.org) or fax (312.795.0747).
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| Leader Spotlight |
 Kathy J. Maus, a partner in the Tallahassee office of Butler Pappas, is active in the firm's bad faith, casualty, and first- and third-party insurance coverage practices. Kathy is a board certified civil trial lawyer and is licensed in Florida, each of Florida's three federal district courts within the Eleventh Circuit, and the United States Supreme Court. Her practice is concentrated throughout the southeastern United States and Puerto Rico.
[FULL STORY]
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| Legislative Tracking |
 Legislative Update - CONSTRUCTION LAW
Maryland
MD HB 12: Construction Industry Employee Misclassification Act.
• An Act to prohibit construction industry employers from failing to classify an individual as an employee with the intent to evade payment of wages, benefits, taxes, or other contributions as required under specified provisions of State law; to require a contractor to require a subcontractor's insurance carrier to provide specified evidence of workers' compensation insurance; to require specified persons engaged in construction to file with the State Comptroller a specified return; and for related purposes.
• 10/29/2007 - Introduced.
Michigan
MI SB 865: Statute of limitations.
• A bill to amend and revise sections of the code regarding statute of limitations and statute of repose for actions against architects, engineers and construction contractors.
• 11/01/2007 - Introduced; referred to the Committee on the Judiciary.
CORPORATE INTEGRITY AND WHITE COLLAR CRIME
Federal
FD HB 4047: Whistleblower protections.
• An Act to streamline the administration of whistleblower protections for private sector employees.
• 11/01/2007 - Introduced; referred to the Committee on Education and Labor.
EMPLOYMENT LAW
Federal
FD HB 3982: Unauthorized aliens.
• An Act to continue to prohibit the hiring, recruitment, or referral of unauthorized aliens, and for other purposes.
• 10/29/2007 - Introduced; referred to committees on the Judiciary, Ways and Means, and Education and Labor.
FD HB 4015: Job Protection for Survivors Act.
• To provide job protection for victims of domestic violence, dating violence, sexual assault, or stalking.
• 10/31/2007 - Introduced; referred to the Judiciary, Administration, Oversight and Government Reform, and Education and Labor committees.
INSURANCE LAW
Federal
FD HB 4014: Insurance Non-Discrimination for Survivors Act.
• An Act to prohibit discrimination in insurance coverage to victims of domestic violence, dating violence, sexual assault, or stalking.
• 10/31/2007 - Introduced; referred to Financial Services and Energy and Commerce committees.
Michigan
MI SB 866: Unfair trade practices.
• A bill to amend 1956 PA 218, entitled "The Insurance Code of 1956," (MCL 500.100 to 500.8302) by adding section 2026a; requiring insurers to not reasonably deny a claim for coverage or payment.
• 11/01/2007 - Introduced; referred to Committee on Economic Development and Regulatory Reform.
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| Quote of the Week |
Feeling gratitude and not expressing it is like wrapping a present and not giving it.
-William Arthur Ward
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| DRI CLE Calendar |
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ERISA Litigation ¯ Controlling Use of Discovery by Claimants (teleconference)
November 13, 2007
Experts 101: Cultivating Your Experts and Impeaching Others (teleconference)
November 14, 2007
High-Risk Cases Triggered by the Sub-Prime Lending Crisis (teleconference)
November 27, 2007
What To Do When Your Client Gets Hit with an IP Claim (teleconference)
December 11, 2007
Insurance Coverage and Practice
December 13-14, 2007
Sheraton New York Hotel and Towers, New York, New York
Practicing with Non-Lawyers and in "Law-Related Businesses" (teleconference)
December 18, 2007
Civil Rights and Governmental Tort Liability
January 24-25, 2008
Hyatt Regency Scottsdale, Scottsdale, Arizona
Product Liability
February 6-8, 2008
Arizona Biltmore, Phoenix, Arizona
Appellate Advocacy
February 28-29, 2008
JW Marriott Orlando, Grande Lakes, Orlando, Florida
Toxic Torts and Environmental Law
February 28-29, 2008
The Ritz-Carlton, New Orleans, New Orleans, Louisiana
For all other seminars and teleconferences, click here.
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Jury Instructions for Employment Defense Litigators
Products Liability Defenses-2007 |
