Luke J. McCammon

Represented patent owner Caterpillar at the U.S. International Trade Commission (ITC), where Wirtgen America and several related entities were found liable for infringing Caterpillar’s patent. In a final determination, the ITC affirmed Administrative Law Judge Lord’s ruling that Caterpillar’s patent was infringed. The commission issued limited exclusion and cease-and-desist orders barring Wirtgen from importing infringing products for sale in the United States.

Represented Chinese respondent Hangzhou Chic Intelligent Design in two ITC cases, one brought by Razor and the other brought by Segway, achieving ALJ findings of no infringement and no domestic industry after trial in each case; both results were affirmed by the Commission.

Defended accused infringers ADT and Digital Security Controls, both part of Tyco International, in a case involving a telephone line coupler; obtained directed verdict of no infringement, which was affirmed on appeal.

Represented SAP in a patent litigation and subsequent appeal involving software products; Obtained a stipulated judgment of non-infringement in light of the court's Markman ruling.

Represented complainant Rambus against nVidia and sixteen other respondents seeking to exclude nVidia’s memory controllers from the United States. After a full evidentiary hearing, the ITC found that all accused products infringed, issued exclusion orders barring importation by all respondents, and issued cease-and-desist orders against those respondents with inventory in the United States.  Following bench trial, during pendency of the appeal to the Federal Circuit, each supplier respondent executed a license agreement with Rambus.

Finnegan represented Emergy, Inc., d/b/a Meati Foods in a trade secret misappropriation, breach of contract, and correction of inventorship case against The Better Meat Company (BMC) and Augustus Pattillo involving alternative meat made from mycelium.

Emergy alleged that Augustus Pattillo stole its trade secrets on the cultivation and production of mycelium that he learned while working as a lab technician for Emergy’s founders, misused them in his work with BMC, breached his nondisclosure agreement with Emergy, and improperly filed patent applications on Emergy’s technology and assigned them to BMC.

BMC filed claims of tortious interference and unfair competition against Emergy, which Emergy succeeded in striking under California’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. After prevailing under the anti-SLAPP statute, Emergy was statutorily entitled to recover its reasonable attorneys’ fees and costs for defending against BMC’s stricken claims of tortious interference and unfair competition

Early in the litigation, Emergy defeated BMC’s motion to dismiss Emergy’s trade secret misappropriation and breach of implied contract claims. Emergy later defeated BMC’s motion for summary judgment on Emergy’s trade secret misappropriation, breach of contract, and breach of implied contract claims. The case settled soon after the Court issued its summary judgment ruling.