Representative Patent Litigation
The following cases are representative of the litigation experience of Beem patent attorneys.
180s, Inc. et al. v. Gordini U.S.A., Inc., Patent and trade dress infringement (defendant), pleadings and discovery practice (D. Md.) (ear warmers) (pending).
Air Products v. Commissioner of Patents, Won summary judgment against U.S. Commissioner of Patents and Trademarks (resulting in reinstatement of client’s patent application.) (D.D.C.).
American National Can v. Continental PET Technologies, Patent infringement, represented patent owner in discovery and motion practice (D. Conn.) (injection blow molding).
Biopolymerengineering, Inc. et al. v. Biorigin, Patent infringement litigation (defendant), discovery and motion practice (N.D. Ill.) (beta glucan) (obtained Stipulated Dismissal from plaintiff of all claims).
BlackJack Sulky Ltd. v. Evolution Racing, LLC et al., Patent infringement (defendant), (N.D. Ohio) (racing sulkies) (settlement reached).
Colt Industries v. Index-Werke, Briefed patent infringement appeal in Federal Circuit (turning machine).
D.Y.L. Co., Ltd. v. Camping World, Inc., Pet food container patent infringement (plaintiff), (N.D. Ill.) (monetary settlement reached including stipulated final judgment including permanent injunction against defendant).
GlaxoSmithKline v. Torpharm, Warner-Lambert v. Torpharm, and Abbott v. Torpharm, Patent infringement litigation, discovery and motion practice (N.D. Ill.) (pharmaceuticals).
Heat-N-Glo v. Heatilator, Patent infringement and trade secret litigation involving direct vent fireplaces (S.D. Ia.) (won motions and partial dismissal en route to settlement).
James River v. Hallmark Cards, Paper plate patent litigation (E.D. Wis.).
Knorr-Bremse v. Dana, 383 F.3d 1337 (Fed. Cir. 2004) (en banc), Held: no adverse inference can be drawn from refusal to waive attorney-client privilege and produce opinion of counsel (Beem was principal author of brief of amicus curiae American Bar Association, urging the Court to hold as it ultimately did).
Lakewood Engineering and Mfg. Co., Inc., Gregg Szilagyi et al. v. Chicago American Manufacturing, LLC. et al., Including patent and trademark infringement (defendant), discovery and motion practice (Bankr. N.D. Ill.) (box fans).
MCI v. AT&T, Telecommunications software patent infringement litigation (E.D. Pa.).
Mentor v. Inamed, McGhan Medical, and Cox-Uphoff. Patent infringement litigation and appeals in Central District of California (Los Angeles), U.S. Bankruptcy Court for C.D.Cal. (Santa Barbara) (received recommendation from Court for litigation results and favorable settlement), N.D. Tex. (Dallas), Federal Circuit and U.S. Supreme Court.
Phillips Petroleum v. U.S. Steel et al., Team member in successful Federal Circuit appeal affirming district court judgment of patent infringement, culminating 30 years of litigation and interferences over Nobel prize-winning invention of crystalline polypropylene.
Portfolio Technologies, Inc. v. Church & Dwight Co., Inc. and Medtech Products, Ltd. and Intellx, Inc., Patent infringement litigation (plaintiff), discovery and motion practice, trial (International Trade Commission), briefed appeal and oral argument in Federal Circuit (male prophylactics).
Presto Industries v. Dazey Corporation, Design patent and trade dress litigation (N.D. Ill.).
Rite-Hite Corporation v. Serco Corporation, Four-week jury trial (N.D. Tex.) (jury found both parties’ patents valid and not infringed).
Torpharm v. Genpharm & Novopharm, Briefed and argued Federal Circuit appeal and prepared and filed petition for certiorari to U.S. Supreme Court.