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Cyrus A. Morton


Experience

  • Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P., was an equity partner in the Intellectual Property Group at another law firm. 
  • Practice focuses on complex litigation with an emphasis on patent litigation. 
  • Registered patent attorney.

Outside Experience

  • 3M Company Tech Aide, Thermal Imaging Division (1993-1995), Named Inventor on U.S. Patent No. 5,858,624, titled Method for assembling planarization and indium-tin-oxide layer on a liquid crystal display color filter with a transfer process.  Co-authored three Records of Invention.

Selected Results*

Trial Counsel in Grantley Patent Holdings, Inc. v. Clear Channel Communications, Inc., a patent infringement case in which a federal jury in the Eastern District of Texas awarded Grantley Corporation, $66 million for infringing four patents related to an integrated inventory management system for radio advertising time.  The jury also found that the infringement was willful.  The verdict was announced on April 22, 2008.  On June 11, 2008, the court enhanced the damages by more than $16.5 million, awarded prejudgment interest, and entered judgment totaling more than $89,000,000.  The case settled while on appeal under confidential terms.

Lead counsel for defendant Draeger Safety Inc. in a patent infringement suit brought by Sperian Respiratory Protection U.S.A. in the Central District of California involving Self Contained Breathing Apparatus ("SCBA") for the fire service industry.  Following discovery and a Markman hearing, case settled confidentially with no changes made to Draeger Safety's product.

Trial counsel in Itron, Inc. v. Benghiat, a patent infringement lawsuit venued in Minnesota involving computer software claims to an improved utility meter reading device.  Itron sued Ralph Benghiat, for a declaration that his patent was invalid, unenforceable and not infringed.  In what The National Law Journal later featured as the “Verdict of the Week,” the jury awarded $7.4 million dollars and found willful infringement by Itron.  The case settled for $7.9 million following post trial motions.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

Lead counsel for defendants in Pederson et. al. v. Akona L.L.C. et. al., a patent inventorship, ownership and contract case venued in Minnesota, involving a floor sweeping compound.  Obtained a summary judgment ruling such that Akona owed no damages on any theory and any interest Pederson had in the patent as an inventor must be assigned to Akona.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

Represented defendant in ADE v. KLA-Tencor, a patent infringement case involving silicon wafer surface inspection systems venued in Delaware where ADE sought a nine figure damage award.  Prevailed at the summary judgment stage.  (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

Trial counsel for the Guardian ad Litem for three small children.  Following a two week trial the district court found that the injuries to one child were the result of abuse, and the circumstances warranted termination of parental rights. Click here for more information.

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

Memberships

  • American Intellectual Property Law Association
  • Minnesota Intellectual Property Law Association
  • Federal Bar Association
  • Federal Circuit Bar Association

Civic Associations

  • Volunteer Lawyers Network, Housing Court
  • MAP for Non-Profits

Bar Admissions

  • Minnesota
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Minnesota
  • U.S. Patent and Trademark Office

Education

  • University of Minnesota Law School, J.D., cum laude (1998), Intellectual Property Moot Court, Director, Competition Team Member, Student Intellectual Property Law Association
  • Hamline University, B.A., Physics, magna cum laude (1995)

Selected Speeches

  • Assessment and Valuation of Early Stage Medical Device Technology
    Medical Industry Leadership Institute, Carlson School of Management, University of Minnesota, Minneapolis, Minnesota (April 14, 2009)
  • Humphrey Institute Medical Devices
    Guest lecturer on patent litigation, Carlson School of Management (2004-2008)
  • Minnesota State Bar Association CLE
    Chaired panel of in-house patent litigators (2004)
  • Fight, Flight or Fraternize: How to Respond to a Cease and Desist Letter
    Med Tech Breakfast Industry Seminar (2004)

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