Medtronic Inc. v. Boston Scientific Corp. et al.:Represented Medtronic, Inc. in a dispute with Mirowksi Family Ventures assertion that Medtronic’s cardiac resynchronization devices infringed certain claims of U.S. Patent Nos. RE38,119 and RE39,897. After a bench trial, a Delaware district court held that Mirowski Family Ventures, as the patentee, bore the burden of proving infringement and failed to meet that burden, entering a judgment of non-infringement on behalf of Medtronic. On appeal, the Federal Circuit reversed the district court on the burden of proof issue and held that Medtronic, as the licensee, bore the burden of proving non-infringement. Medtronic filed a petition for certiorari to the U.S. Supreme Court. The Supreme Court granted the petition and reversed the Federal Circuit, holding that the patentee always bears the burden of proof, even where the licensor cannot counterclaim for infringement because of the existence of a license agreement. On remand from the Supreme Court, the Federal Circuit affirmed the district court’s finding of non-infringement for Medtronic, awarding Medtronic a complete victory in the case.
Represents the White Bear Lake Restoration Association against the Minnesota DNR in an action under the Minnesota Environmental Rights Act seeking to prevent further destruction and impairment of White Bear Lake and the underlying aquifer region.
Representing mineral rights owners in a putative class action against the State of North Dakota and others for the alleged unlawful taking of mineral interests along navigable waters in the State. Ms. Conlin's clients claim that the State and others have wrongfully claimed title to their mineral interests and wrongfully leased those interests for the extraction and production of oil and gas.
Trial counsel for a major forest-products company in a multiparty Superfund environmental litigation focusing on riparian PCB contamination.
Trial counsel for major retailer in defense of creditors’ claims in bankruptcy.
Represented Efficient Drivetrains, Inc. in a dispute with Toyota Motor Corp. regarding a portfolio of fuel-efficient technology patents for hybrid and plug in hybrid vehicles. The dispute was resolved on February 21, 2012 when a confidential agreement was reached, providing Toyota with freedom to operate.
Defended Philips Beverage Company in 2009 against a $100 million claim for alleged breach of Belvedere vodka licensing agreements brought by French multi-national seller of luxury goods-Moet Hennessy Louis Vuitton-and obtained a complete and unanimous defense verdict and an award of fees from the three member panel.
Acted as trial counsel in Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation: Represented Eolas and the University of California in patent infringement action involving web browser technology for the delivery of interactive applications embedded in web pages. Obtained jury verdict in favor of plaintiffs in the amount of $520.6 million and judgment was entered for $565,894,868 which included prejudgment interest. The Federal Circuit affirmed the finding of infringement and the damages award, and ordered that Microsoft's invalidity and inequitable conduct defenses be retried. The case settled on a confidential basis four days before the start of the invalidity retrial.
Mirant Corp. v. NRG Energy Inc.: Defended NRG Energy Inc. in a highly-publicized lawsuit filed by Mirant Corp in Delaware Chancery Court involving NRG's rejection of Mirant's $8 billion unsolicited takeover bid. The case was dismissed upon defendant's motion.
Represented Great Clips, Inc., the largest single-brand hair salon in North America, in a 2010 trademark infringement case brought by Great Cuts, Inc. and established through trial court and court of appeals rulings Great Clips' right to use its longstanding trademarked name in its national expansion.
Represented Pitney Bowes Inc. in numerous intellectual property and commercial matters, including a significant patent infringement dispute against Hewlett-Packard regarding laser jet printers, which resulted in a $400 million settlement award and the rights to critical intellectual property.
Successfully defended Pitney Bowes in a patent trial involving five patents relating to data transfer. Jury found all five patents invalid and the Federal Circuit summarily affirmed.
Obtained a $96.3 million verdict for Honeywell Inc. in a patent infringement suit against Minolta, which prompted subsequent cases against others in the industry resulting in total royalties approaching $500 million.
Defended Northwest Airlines in a patent infringement suit relating to GPS and avionics technology. Following targeted and key discovery, the case was dismissed upon the plaintiff's motion.
Represented Medtronic in a commercial litigation dispute involving sale of certain assets by Elan Pharmaceuticals which were subject to an agreement with Medtronic. Case settled after initial discovery and mediation.
Defended Estee Lauder in a putative class action which was dismissed with prejudice prior to class certification.
Obtained a multi-million dollar judgment as trial counsel for TriStrata Technology, Inc. in a patent infringement litigation against Mary Kay Inc. relating to alpha-hydroxy acid anti-aging skin technology. The Federal Circuit summarily affirmed final judgment of over $43 million.
Successfully defended General Electric Company in several patent and complex business and commercial litigation matters, including defending the client in a significant patent infringement action brought by General Motors Company involving diesel locomotive engines. Summary judgment of invalidity due to on-sale bar was upheld by the Federal Circuit.