Intellectual Property

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Brian C. Riopelle Partner T: +1 804 775 1084 briopelle@mcguirewoods.com

Janet P. Peyton Partner T: +1 804 775 1166 jpeyton@mcguirewoods.com

Paul Van den Bulck Partner T: +32 2 629 42 39 pvandenbulck@mcguirewoods.com

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E.I. du Pont de Nemours and Company

E.I. du Pont de Nemours & Co. v. Kolon Industries, Inc., Case No. 3 :09cv58 (E.D. Va.). Represented plaintiff in a trade secrets case against Kolon Industries, a South Korean manufacturing company. After a seven-week trial, the jury found that Kolon illegally obtained information regarding DuPont's Kevlar® aramid fiber from former DuPont employees and awarded DuPont $920 million in damages.

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One of Fortune's most admired companies

McGuireWoods was co-counsel for one of the World's most admired companies in this patent case involving Voice over Internet Protocol technology. A jury in U.S. District Court in Alexandria found that the defendant had infringed on three patents held by our client and awarded them $58 million.

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Mobile network operator

Patent case involving wireless broadband modems asserted against most of the domestic wireless carriers. McGuireWoods was selected by all defense counsel to be lead trial counsel.

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Leading generic and specialty pharmaceutical company

Represented a generic pharmaceutical company in case filed by a leading global health care company where the allegations relate to infringement of a patent involving salts and formulations of fenofibric acid used as lipid and cholesterol lowering agents.

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Wireless device manufacturer

McGuireWoods was co-counsel to a manufacturer of wireless devices, in patent litigation brought by a patent holding company. McGuireWoods was retained to represent our client after the Federal Circuit issued its first opinion on appeal and played a central role in the team that represented the client in the widely-publicized district court remand proceedings.

Representative Matter

A California-based manufacturer

Defended a California-based manufacturer sued over its use of the trademark “Grout Shield” along with its “Miracle Sealants Company” logo on products sold through Home Depot and other distributors. The New York-based plaintiff asserted claims of trademark and trade dress infringement, false designation of origin and unfair competition under federal and New York law. After a full evidentiary hearing with live testimony, the court issued a 30-page memorandum and order denying every aspect of the relief plaintiff sought. The case then settled favorably.

Case Study

McGuireWoods represents Plano Molding in Frabill acquisition

McGuireWoods LLP announced today that it represented Plano Molding Company in its acquisition of Frabill Inc. The transaction, which was announced on Monday, closed on June 15. It brings together under one roof Plano, the worldwide leader in fishing tackle storage systems, and Frabill, the North American leader in live bait storage, landing nets and portable ice fishing shelters and related accessories.

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Private liberal arts and sciences college in Virginia

Represented a private liberal arts and sciences college in Virginia in a trademark dispute with certain disaffected alumnae.

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Manufacturer and seller of sustainable building materials and furnishings

Represented a California-based manufacturer and seller of sustainable building materials and furnishings in a dispute with a Nevada-based host and promoter of trade shows in litigation over use of the mark "Livingreen." A favorable settlement was reached at the beginning of trial of the case.

Case Study

Brussels team successfully represents international online gambling operator in trademark infringement case

McGuireWoods recently represented an international online gambling operator in a trademark infringement case brought before the Court of First Instance of Paris by the group Pari Mutuel Urbain (PMU), which until recently had held a monopoly in France on gambling on horse racing.

Case Study

Patent team negotiates settlement for KSD Enterprises LLC

McGuireWoods patent litigators from Tysons Corner recently defended KSD in a make-or-break-the-company case. Shortly after the first depositions and expert reports, we negotiated a settlement agreement. KSD Enterprises, LLC of Clarksburg, W.Va., makes Methane Exhausters, which remove methane from coal mines and landfills. The exhausters can make coal mines safer and landfills cleaner, generate electricity from the methane they’re removing, and even generate revenue from carbon credits. In December 2009, KSD was sued for patent infringement, contributory infringement, and inducement of infringement, as well as breach of contract and conversion of assets.

Case Study

McGuireWoods wins key patent trial for wireless carriers

A Richmond federal jury took less than two hours on Dec. 14, 2009, to rule in favor of McGuireWoods’ client Verizon Wireless, and several other wireless carriers in a massive patent infringement case. The jury ruled the wireless carriers did not violate a patent by selling wireless aircards, and it declared that the dialing technology patent at the center of the suit – held by DNT – was invalid.

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Autosports legend

Defended autosports legend in a trademark trial and appeal board proceeding filed by a worldwide leader and manufacturer of sports equipment opposing registrations of our client as word mark and signature mark, and reached a favorable settlement.

Representative Matter

Ship maintenance software vendor

Represented a ship maintenance software vendor in claims against ABS Nautical Systems, a subsidiary of the American Bureau of Shipping, in an arbitration for breach of a joint venture agreement, fraud and copyright infringement.

Case Study

Significant ruling secured for world leader in handheld computing

Palm, Inc. secured a significant victory in its patent dispute with NTP, Inc., a Virginia-based patent holding company. On March 23, 2007, a U.S. District Court judge in Richmond, Va., granted Palm's motion to stay NTP's patent infringement lawsuit against Palm, pending the conclusion of patent office reexamination proceedings, and all subsequent appeals. This is the first time a judge in the Eastern District of Virginia's "rocket docket" has completely stayed a patent suit pending reexamination proceedings. McGuireWoods is co-counsel to Palm in the matter.

Case Study

$58 million verdict in patent case for Verizon

McGuireWoods recently represented Verizon Communications, Inc. in a major victory over Internet phone provider Vonage Holdings Corp. On March 8, 2007, an Alexandria U.S. District Court jury found that Vonage had infringed upon three Verizon patents, and awarded Verizon $58 million. Verizon’s motion to permanently enjoin Vonage from using the patented technology was granted March 23. The patents involved technology that allows Voice over Internet Protocol callers to make calls using traditional phones; allows custom calling features such as call forwarding; and supports phone calls on Wi-Fi networks.

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