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Finnegan defended four different affiliates of GP Batteries International Ltd. in an alkaline battery patent infringement case filed by Eveready at the International Trade Commission against 26 respondents.  SEC records indicated that Duracell had previously paid Eveready $20 million for a license under the Eveready patent and that Rayovac and Panasonic had also been forced into paying Eveready a royalty for their alkaline batteries.  Working closely with the Chairman of the Board, we devised a defense that resulted in a settlement agreement prior to trial that other respondents characterized as a "walk-away" deal. 

Finnegan has guided the development of Rockwell Collins’ portfolio that includes over 50 patents and pending applications directed to control and navigation of manned and unmanned air vehicles. These patents cover technologies ranging from fault-tolerant automatic control systems, single lever power controllers, systems for controlling multi-input/multi-output systems using feedback LTI’zation, image-augmented inertial navigation systems, celestial-image augmented navigation and targeting systems, vertical take-off and landing control systems, systems for autonomously landing aircraft, and systems for improving the efficiency of power generation systems.

As Finnegan’s clients advance innovations that analyze big data, provide back-end storage and data solutions, monitor information from mobile devices and vehicles, and provide user-friendly display interfaces, we help them procure patent protection and build sophisticated portfolios around all related technology areas. We also assist them with developing enforcement strategies and defending against infringement accusations.

We represented the Institut Pasteur against the National Institutes of Health in an interference which sought to determine which party was first to discover the AIDS virus and to invent the AIDS antibody test kit. Ultimately, this high-profile, high-stakes interference was settled by the intervention of the President of the United States and the Prime Minister of France.  In another important interference for client Institut Pasteur, we challenged a patent owned by Chiron Corporation for a sensitive method of detecting HIV infection in human patients. The method has had widespread application in the diagnosis of such infections. Institut Pasteur succeeded in defending against Chiron’s attacks on its patent application and was awarded priority of invention by the PTO. This victory strengthened Institut Pasteur’s patent portfolio on HIV technology, which is licensed to benefit the public health and welfare.

Finnegan defended The Hillman Group against charges that it monopolized or attempted to monopolize in the key duplication marketplace. Finnegan negotiated a favorable settlement of the claims.

Administrative Law Judge Theodore Essex of the U.S. International Trade Commission issued an initial determination in favor of Finnegan clients Pioneer Corporation and Pioneer Electronics (USA) Inc., holding that Pioneer does not infringe any claim of the four patents asserted by Honeywell International. Judge Essex also ruled that the asserted claims in three of Honeywell’s patents are invalid. The technology at issue involves GPS navigation units. Three of Pioneer’s competitors were parties to this ITC investigation but settled with Honeywell before trial. After presiding over a week-long trial in June and evaluating the parties’ post-trial submissions, Judge Essex issued a detailed 172-page opinion absolving Pioneer of any liability in connection with this litigation.

Finnegan won two major victories for U.S. Philips Corporation: the first against KXD Technology, Inc., the second against International Norcent Technology, Inc. In both cases, the U.S. District Court for the Central District of California found willful infringement of Philips’s patents directed to DVD technology and awarded Philips monetary damages. In the KXD case, Philips was awarded more than $91 million in trebled damages and interest, a permanent injunction, and attorney’s fees and litigation expenses. In the Norcent patent infringement action, the jury returned a verdict that found the Norcent defendants liable for willful patent infringement and awarded Philips $12.8 million.

Finnegan requested inter partes reexaminations of three patents on LCD backlighting technology, which had been asserted against several firm clients in the Eastern District of Texas. Although one of the patents had been successfully litigated to jury verdict against another company, the patent owner settled with Finnegan’s clients after the reexaminations were initiated and the clients ceased participation in the ongoing inter partes reexaminations. Even without the participation of Finnegan’s clients, however, the USPTO adopted the multiple grounds of rejection Finnegan presented in the original requests for inter partes reexamination, requiring the patent owner to narrowly amend all 108 claims of the asserted patents.

The U.S. District Court for the Western District of Washington ruled in favor of Finnegan client Philips following a trial in Koninklijke Philips Electronics v. Cardiac Science Operating Co.  The Court found that Cardiac Science’s patent application did not support the claims copied from Philips’s defibrillator patent and reversed the U.S. Patent and Trademark Office's decision against Philips in an interference.

We provoked an interference for Boston Scientific against a patent owned by Everest Medical. We were able to prove that the Boston Scientific inventors were the true first inventors and the Board entered a judgment of priority of invention for Boston Scientific. The subject matter was electrosurgical scissors.


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