Page 48 - NYLJ Professional Excellence 2021
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LITIGATION DEPARTMENT OF THE YEAR:
                                             INTELLECTUAL PROPERTY

                                 KIRKLAND & ELLIS





















           Q&A      What are some of the department's most satis-
                    fying successes of the past year and why? One
           of the most satisfying aspects of Kirkland’s business is the   KIRKLAND HAS A DEEP POOL OF EXTREMELY TALENTED
           wide range of matters our incredible selection of clients   AND COMMITTED TRIAL LAWYERS, RANGING FROM HIGHLY
           entrusts us to handle. Highlights from the past year include   EXPERIENCED FIRST-CHAIR ATTORNEYS DOWN THROUGH
           a complete victory for Intel in a multi-jurisdiction litigation   OUR CONSISTENTLY STRONG ASSOCIATES. WE HAVE THE
           involving circuit layout and fabrication technology patents,   ABILITY ON A MOMENT’S NOTICE TO PUT TOGETHER AN
           where we obtained a final determination of no violation in   OUTSTANDING TEAM WITH EXTENSIVE EXPERIENCE IN ALL
           the ITC, as well as summary judgment of non-infringement   ASPECTS OF PATENT, COPYRIGHT, TRADEMARK, TRADE
           in the Northern District of California on all five asserted     SECRET, AND OTHER AREAS OF IP LAW. TRIAL IS ALWAYS
           patents.                                            FIRST AND FOREMOST IN OUR MINDS WHEN KIRKLAND
             We also obtained a major victory for Lucky Brand in the   TAKES A CASE. DEVELOPING KEY THEORIES AND THEMES
           U.S. Supreme Court in its long-running trademark dispute with   EARLY IN A LITIGATION ALLOWS US TO FLESH OUT CRITICAL
           Marcel. The court ruled 9-0 in Lucky Brand’s favor, providing   SUPPORTING EVIDENCE DURING DISCOVERY, ENSURING
           much-needed clarity on the doctrine of res judicata.  THAT WE CAN PRESENT A COMPELLING STORY AT TRIAL.
             In a case for a pharmaceutical client, a Delaware judge
           ruled after a fully remote bench trial that all claims of a
           patent directed to Parkinson’s disease treatments asserted
           against our client were invalid.                  District of Illinois jury deliberated for just over two hours
             On the trade secret front, Kirkland teams won more than   before awarding Motorola Solutions our full damages request.
           $1 billion in damages for clients in 2020. A Southern District   In addition, Kirkland resolved long-running patent litigation
           of New York jury awarded damages to our client TriZetto,   for WesternGeco, a Schlumberger subsidiary, in litigation
           finding that competitor Syntel had misappropriated hundreds   against ION Geophysical over remote-sensing technology for
           of TriZetto’s trade secrets. And in a high-profile, global trade   deep-water oil and gas exploration. This result came after
           secret and copyright dispute between our client Motorola   11 years of litigation, including two winning U.S. Supreme
           Solutions and its China-based competitor Hytera, a Northern   Court arguments.


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