Intellectual Property Arbitration Leads to Complete Vindication of Maslon Client
March 12, 2007
A team of Maslon lawyers led at trial by partner Bill Pentelovitch recently completed a three-week intellectual property arbitration which resulted in complete vindication of their client, the defendant in the action, which was found to have committed no wrongdoing and against which none of the $164 million in damages sought was awarded.
The Maslon client was party to a license and development agreement in the area of microelectromechanical systems ("MEMS) devices. A dispute arose over the scope of the field of use, with the Maslon client taking the position that the field of use was limited to transmission of video images in medical applications. The plaintiff took the position that the field of use was broad enough to cover optical switching for telecommunications applications.
During the course of the trial approximately twenty five witnesses testified, including experts in the fields of optics, optical physics, and mechanical engineering. The technology involved was highly sophisticated and cutting edge at the time the agreement was entered into.