Karen P. Kimmey, Partner

Notable Engagements for Business Litigation

• Novartis/Various Arbitrations - Represented Novartis in a series of arbitrations arising out of technology licensing agreements.
• Titeflex - Serve as national coordinating counsel for products liability litigation relating to gas delivery system.
• Visa v. Maritz - Represented Visa in connection with claims against Maritz arising out of Maritz's attempt to develop and deploy a points based rewards program for Visa and its members.
• Weiner v. Cal Shake - Represented a class of homeowners in a trial relating to sale of defective products.

Notable Engagements for Intellectual Property and Technology

• Copyright
  CyberMedia v. Symantec, et al. - Represented an Atlanta-based software development company and its officers in connection with copyright and trade secret claims arising out of the development and sale of a popular software program.  
• Patent
  Creo Products v. Dainippon Screen - Successfully defended Japanese manufacturer Dainippon Screen against patent infringement and trade secret claims brought in the United States District Court for the Western District of Washington.  Obtained summary judgment of non-infringement in our client's favor based on application of prosecution history estoppel, and summary judgment dismissing all other claims and an award for attorneys' fees in favor of our client.  The district court judgment was affirmed in all respects by the Federal Circuit.
• Trade Secrets
  Ischemia Research and Educational Foundation v Pfizer, Inc., et al. –  Defended Pfizer, Inc. against claims of trade secret misappropriation.

Notable Engagements for Antitrust

• Stafursky et al. v. Internet Success Systems et al. - Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment.  We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state.  We then successfully settled the matter on favorable terms. 

Other Notable Engagements

• Life Sciences,Patent
  Chiron v. Hoffman-LaRoche - Represented Chiron Corporation as a plaintiff in this patent infringement action in the Northern District of California. The case involved the patent for a vaccine for the Hepatitis C virus, as well as antitrust counterclaims.
• Securities and Commodities Litigation
  Hodge v. Franklin; Vigneau v. Franklin - Represented the directors of a publicly traded Real Estate Investment Trust in companion state court class actions alleging violations of securities laws and related statutes.
• Waters et al. v. International Precious Metals Corporation et al. - Lead trial counsel for the investor class in a precedent setting case brought against the upstream owners of a telemarketing firm that sold options on commodity futures contracts.  In January 1997, on the morning of closing arguments after a five-month jury trial in federal court in Miami, the defendants agreed to establish a $40 million settlement fund to pay the claims of the investors who had lost their money.

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