Paul Hastings Scores IP Victory in Federal Circuit Appeal

November 10, 2009

New York, NY (November 10, 2009) Paul, Hastings, Janofsky & Walker LLP, a leading global law firm, announced today that it secured a win for Moser Baer, the worlds second-largest manufacturer of optical and magnetic storage media in an alleged patent infringement suit and breach of contract claims brought by Philips Electronics.

On an interlocutory appeal, the Federal Circuit reversed a ruling by a Minnesota district court, which granted Philips judgment on pleadings regarding license issues and left the patent issues to be tried.  In reversing the ruling, the Federal Circuit ruled that judgment should instead be entered in favor of Moser Baer, its joint venture partner Imation, and others under the license agreements.
According to the Federal Circuits opinion, The parties constructed licenses with a fluid scope that grew with the acquisition of additional patent rights and a fluid membership that changed as the parties sophisticated corporations operating throughout the world changed their corporate structures. The court thus holds that the licenses granted by the agreement extend to any subsidiary of either Imation or Philips...regardless of when Imation or Philips acquired or formed that subsidiary."

Jeff Randall served as lead counsel for Moser Baer and led a team that included Allan Soobert, Jeff Pade, Trisha Chang and Kim Moore.

Paul, Hastings, Janofsky & Walker is a leading global law firm with offices in Asia, Europe, and the United States. We provide innovative legal solutions to financial institutions and Fortune 500 companies. Please visit www.paulhastings.com for more information.



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