Emmett J. McMahon
Experience
- Practice focuses on commercial litigation with emphasis in the area of intellectual property. Has handled patent, trademark, false advertising, securities and class action disputes for plaintiffs and defendants.
Selected Results*
Obtained $66,000,000 jury verdict in Grantley v. Clear Channel Communications, et al, in the U.S. District Court, Eastern District of Texas, Lufkin Division. The jury found willful infringement of four patents claiming integrated yield management systems for pricing and managing inventory. 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.
Trial and appellate counsel for Best Buy in RealSource, Inc. v. Best Buy Co., et al. involving patent claims asserted in U.S. District Court in Austin, Texas. The plaintiff alleged Best Buy's gift cards infringed its patent, and sought more than $32 million in damages. Summary judgment was granted. The judgment was affirmed by the Federal Circuit on June 23, 2008.
Obtained dismissal of all claims in Prometheus Laboratories, Inc., et al. v. Quest Diagnostics, Inc., U.S. District Court, San Diego, California. Patent case involving DNA.
Serves as trial counsel for American Express in patent lawsuits, including technology involving contactless credit cards, gift cards, means for transmission of card data across networks and the processing of data.
Trial counsel for plaintiff in Manufacturing Administration and Management Systems, Inc. v. Davox Corporation, et al. involving patent claims tried in the U.S. District Court in Boston. Patented technology involved software programs interfacing telephone switches and computers. Case settled during trial after a finding of infringement under the doctrine of equivalents.
Trial and appellate counsel for defendants in Luigino’s, Inc. v. Robert Peterson and IBP Inc. Plaintiff asserted a variety of claims for unfair competition, misappropriation of trade secrets and breaches of a confidentiality agreement. Plaintiff sought $500 million and a shut-down of an entire line of food products. Obtained summary judgment disposing of all claims. Affirmed at 317 F. 3d 909 (8th Cir. 2003).
Carlson Marketing Group, Inc. v. SME Associates, et al. Trial counsel for the plaintiff in obtaining a TRO shutting down a line of business based upon alleged misappropriation of trade secrets involving an Olympic hospitality business for the 2004 Summer Games in Athens. Case settled thereafter.
The Toro Company v. Outboard Marine Corporation: Represented plaintiff Toro in an action for fraud and breach of warranties involving Toro’s acquisition of Lawn Boy. Obtained confidential settlement for Toro.
Memberships
- American Bar Association (Antitrust Law Section)
- Hennepin County Bar Association
- Minnesota Intellectual Property Law Association
- Minnesota State Bar Association
- Missouri Bar Association
Bar Admissions
- Minnesota
- Missouri
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Minnesota
- U.S. District Court, North Dakota
- U.S. District Court, Western District of Missouri
Education
- University of Nebraska College of Law, J.D. (1981), Member of the Board of Editors, Nebraska Law Review
- University of Nebraska at Lincoln, B.S.
Selected Speeches
- Frequent speaker at Minnesota Institute of Legal Education seminars on Intellectual Property matters.
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