Nan E. Joesten, Partner

Notable Engagements for Intellectual Property and Technology

• Patent
  3M Innovative Properties v. The Clorox Company - We represented Clorox, Brita, Pentair and Sears in a patent infringement lawsuit brought by 3M and its Cuno subsidiary in Minneapolis. The case involves two patents covering replacement water filters used in refrigerators. The court issued a favorable claims construction for Defendants in December 2007 as part of a ruling denying summary judgment. The case then settled on terms favorable to our clients.
• Dainippon Screen Mfg. Co. Ltd. v. CFMT, Inc., et al. - This declaratory relief action was filed in March 1997, requesting a judgment of noninfringement and invalidity.  We successfully appealed a jurisdiction dismissal (142 F.3d 1266), and after remand, the patentee counterclaimed on four patents involving semiconductor cleaning and drying technology used in state-of-the-art semiconductor fabrication equipment.  We presented claim construction arguments at several Markman hearings. Following a month-long jury trial, this case was successfully settled.
• Dolby Laboratories v. Lucent Technologies – We represented Dolby in seeking a declaratory judgment that Dolby’s AC-3 technology does not infringe patents Lucent had asserted against Dolby’s licensees.  Following protracted litigation, in which we obtained discovery sanctions against Lucent on multiple occasions and attorneys fees at the conclusion of the case, we successfully obtained orders granting summary judgment of non-infringement on the patents-in-suit.  The Federal Circuit affirmed the district court's orders awarding summary judgment and attorney's fees.
• Software Performance
  Sabre v. American Airlines – Represented Sabre Inc. in a court case and related arbitration over American Airlines' refusal to make all of its air fares available in the Sabre Computerized Reservation System.  The case settled with an agreement that, among other things, provided Sabre with its desired access to American's web fares.
• Trademark
  Grills To Go v. W.C. Bradley Co. - We are defending W.C. Bradley Co., a manufacturer of barbecue grills, in this trademark infringement action and have filed a cross-complaint against the plaintiff alleging our own Lanham Act claim.  The case is currently pending in the Eastern District of California.

Notable Engagements for Restructuring & Insolvency

• Section 1114 Retiree Benefits Representation
  General Motors Bankruptcy.  Representing the General Motors Retirees Association to preserve the benefits of more than 122,000 salaried retirees of General Motors to protect their critical health, prescription drug, life insurance, catastrophic medical, pension, and other benefits.

Other Notable Engagements

• Digital Technology
  MIT v. Dolby Laboratories - We defended Dolby Laboratories in an action brought by the Massachusetts Institute of Technology relating to a licensing agreement for the development of digital sound technology used in high definition televisions.   After a jury trial in the District Court in Boston, a favorable settlement was reached for our client.

< back to bio