
Kinney & Lange Newsletter
Kinney & Lange has a
newsletter "K&L IP News", which features coverage on a variety of
intellectual property law topics. You can download your free copy of the
latest issue here (PDF format).
Kinney & Lange Welcomes its Fall 2009
Associates
Kinney & Lange is pleased to welcome its
newest associates - Brian Craggs, Matt Dushek, John McIntire, and
Catherine Shultz.
Dave Fairbairn
is 2008 Super Lawyer
Kinney & Lange
congratulates its 2008 Super Lawyer
David R. Fairbairn. Minnesota Law & Politics
surveyed 18,000 randomly selected Minnesota attorneys regarding those members of the
Minnesota State Bar whom they considered to be Super Lawyers. The Minnesota Law &
Politics Selection Committee evaluated the nominations received and made the
final selections. Only five percent of the total lawyers in the
state are selected for inclusion on the Super Lawyers list. This
is Dave's sixth consecutive year of being named a Super Lawyer.
Kinney &
Lange Wins $44 Million for Client
Kinney & Lange
represented SPX Corporation in a binding arbitration proceeding involving infringement by
Snap-on, Inc. of three basic patents owned by SPX on digital waveform displays for
automotive engine analyzers. The dispute originated in U.S. District Court for the
Northern District of Illinois before U.S. District Court Judge John F. Grady, who decided
many of the issues raised by the pleadings, including deciding all claim construction
issues during over 20 days of Markman hearings on multiple patents. Eventually,
the parties agreed to try all remaining issues to a mutually-selected arbitrator. The
trial to the arbitrator occurred in two phases over 19 days: phase one comprised several
counts arising out of SPX's hiring of the former president of Sun Electric (which was
acquired by Snap-on in 1992) and phase two related to Snap-on's infringement of the three
SPX patents. By agreement of the parties, the Arbitrator selected the "last final
offer" of the parties that was closest to the appropriate damages award for the
combined phases of the arbitration (sometimes referred to as "baseball
arbitration"). Snap-on's last final offer was $3 million in its favor and SPX's last
final offer was $44 million in its favor. The Arbitrator found for SPX and awarded it $44
million.
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