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Sidebar with AIPLA:
An inside look at the oral arguments at the US Supreme Court and the US Court of Appeals for the
Federal Circuit.
SIDEBAR VI: LEXMARK INTERNATIONAL, INC. V.
IMPRESSION PRODUCTS, INC.
Tuesday, October 13, 2015
~ TABLE OF CONTENTS ~
I. Overview
II. Reference Links
III. PowerPoint Presentations IV. Speaker Biographies
V. Questions & Webinar Survey
~ OVERVIEW ~ The en banc Federal Circuit on October 2, 2015, heard oral argument on whether the Court’s law on international patent exhaustion and conditional sales must be changed in light of recent Supreme Court decisions. Lexmark International, Inc. v. Impression Products, Inc., en banc Fed. Cir., No. 2014-1617, oral argument 10/2/2015. This hour-long webinar will analyze the arguments on each side of the case as well as the questions posed by the Federal Circuit judges from the perspectives of attorneys representing each party to the case. Panelists: Andrew Pincus, Mayer Brown; represented a group of computer
companies. Kristin Yohannan, Cadwalader Wickersham & Taft, LLP; represented
AIPLA in writing our amicus brief. Jim Crowne, AIPLA Deputy Executive Director for Legal Affairs
(moderator)
~ REFERENCE LINKS ~ Oral Argument Recording:
http://www.cafc.uscourts.gov/oral-argument-recordings?title=lexmark&field_case_number_value=&field_date_value2[value][date]=2015-10-02
Lexmark brief: http://www.aipla.org/resources2/reports/AIPLA%20Direct%202015/Documents/DOJ%20Amicus%20in%20Lexmark.pdf
Impression Products brief: http://www.aipla.org/resources2/reports/AIPLA%20Direct%202015/Documents/ImpCAFC-brief.pdf
Computer companies amicus brief: http://www.aipla.org/resources2/reports/AIPLA%20Direct%202015/Documents/LG,%20Dell,%20Google,%20Intel,%20Samsung%20Amicus%20Brief.pdf
Justice Dept. amicus brief: http://www.aipla.org/resources2/reports/AIPLA%20Direct%202015/Documents/DOJ%20Amicus%20in%20Lexmark.pdf
AIPLA amicus brief: http://www.aipla.org/advocacy/judicial/2015/Documents/AIPLA%20Lexmark%20Amicus%20Filing.pdf
AIPLA Direct summary of the oral argument:
http://www.aipla.org/resources2/reports/AIPLA%20Direct%202015/Pages/151008AIPLADirect.aspx
10/13/2015
1
Serving the
Creative and Legal Communities
Tuesday, October 13, 2015
Sidebar with AIPLA – An inside look at Lexmark International v. Impression Products
1 © AIPLA 2015
2:00 pm – 3:00 pm Eastern 12:00 pm – 1:00 pm Mountain
1:00 pm – 2:00 pm Central 11:00 am – 12:00 noon Pacific
10/13/2015
2
How to submit a question
2
10/13/2015
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Presented by…
3 © AIPLA 2015
Jim Crowne Moderator
AIPLA
Andrew Pincus Mayer Brown
Kristin Yohannan Cadwalader Wickersham
& Taft, LLP
10/13/2015
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Common law bars restraints on the alienation
of property.
“If a man be possessed of a horse or any other
chattel, real or personal, and give his whole
interest or property therein, upon condition that the donee or vendee shall not alien the same,
the same is void, because his whole interest and property is out of him.” Lord Edward Coke.
International Exhaustion and
Conditional Sales
4 © AIPLA 2015
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Copyright: 17 U.S.C. 109(a): Notwithstanding the copyright owner’s distribution right, the owner of
a copy “lawfully made under this title” may sell or otherwise dispose of that copy.
Patent: The first authorized sale of a patented
article “exhausts” the patent when an unconditional sale frees the purchaser from
patent liability for use and resale. U.S. v. General Elec. Co. 272 U.S. 476 (1926).
5 © AIPLA 2015
Exhaustion rules for IP
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Exhaustion rules for IP
Trademarks: Trademark rights are exhausted as to a given item upon the first authorized
sale of that item. Bandag, Inc. v. Al Bolser’s Tire Stores, Inc., 750 F.2d 903.
Antitrust: The general antitrust rule for postsale
restrictions on use and resale also applies to such restrictions on sold patented articles; a
restriction within the scope of the patent claims is valid. Mallinckrodt, Inc. v. Medipart,
Inc., 976 F.2d 700.
6 © AIPLA 2015
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Disputed applications of exhaustion rule
Mallinckrodt, no exhaustion: A post-sale
restriction on re-use of a patented
nebulizer was enforceable in a patent
infringement action. (1992)
Jazz Photo, no exhaustion: US patent
rights are not exhausted by a first sale
that occurs abroad because patent
exhaustion is a legal doctrine that has
no extraterritorial application. (2001)
7 © AIPLA 2015
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Disputed applications of exhaustion rule
Quanta, exhaustion: Restrictions in master
sales agreement but not in the patent
license did not apply to downstream
buyers. (2008)
Kirtsaeng, exhaustion The first sale statute
in the Copyright Act (17 U.S.C. 109(a)),
stating the exhaustion rule for copyrights,
is not limited by geography. (2013)
© AIPLA 2015 8
10/13/2015
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Lexmark sells some of its patented ink cartridges under a discounted price plan that includes a
“single use” restriction.
Lexmark sued after-market ink cartridge makers for
infringing its patented technology in its printer cartridges by purchasing and re-using expended
cartridges.
The district court held that a patent owner cannot
avoid exhaustion with conditional sales in the U.S. under Quanta, but can do so for foreign sales
under Jazz Photo.
9 © AIPLA 2015
Lexmark v. Impression Products
10/13/2015
10
On appeal, the Federal Circuit sua sponte
granted en banc review on two questions:
1. Must Federal Circuit law on conditional sales under Mallinckrodt be overruled in light of the
Supreme Court’s Quanta decision?
2. Must Federal Circuit law on international exhaustion be overruled in light of the Supreme
Court’s decision in Kirtsaeng on exhaustion under Section 109(a) of the Copyright Act.
10 © AIPLA 2015
Lexmark v. Impression Products
10/13/2015
11
Preliminary Questions
What is the difference between exhaustion of
rights for a patented article and exhaustion
of rights for an unpatented article?
Is the exhaustion doctrine directed to the sale
of the article or to the sale of the patent
right?
Does an authorized sale compel the patent
owner to surrender to the buyer all patent
rights in the sold article?
11 © AIPLA 2015
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Conditional sales questions
Does it matter that the post-sale restriction
imposed by the patent owner is based on
health and safety?
What is the difference between an
authorized sale and a sale that complies with
post-sale restrictions?
Is an unauthorized sale by a licensee subject
to an infringement action or is it only subject
to a breach of contract action?
12 © AIPLA 2015
10/13/2015
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Conditional sales questions
What are the patent owner’s remedies
against a downstream user if that user lies to
the selling licensee about its uses?
Why isn’t a conditional sale for practical
purposes a lease? Is it different from shrink-
wrap licensing?
Does Section 271(d)(5) eliminate antitrust
concerns for most post-sale restrictions?
13 © AIPLA 2015
10/13/2015
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International exhaustion questions
Is Kirtsaeng dispositive here as a statement
about common law exhaustion, or is properly
limited as a statutory interpretation decision
under the Copyright Act?
What does Kirtsaeng say about applying U.S.
common law exhaustion principles
extraterritorially?
What about the government’s argument that
patent owners can impose foreign-sale
conditions only if they do so explicitly?
14 © AIPLA 2015
10/13/2015
15
International exhaustion questions
Does a requirement that the patent owner
give notice of a reservation of rights
undermine the strict liability character of
patent rights by introducing an element of
intent?
Is the government’s position on international
exhaustion consistent with its position that
patent owners may not reserve rights in
domestic sales?
15 © AIPLA 2015
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16 © AIPLA 2015
10/13/2015
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Thank you for participating in today’s program!
17 © AIPLA 2015
If you have any questions for today’s presenters that were not addressed or
were stuck in the queue, please email them to:
We appreciate your feedback! Please take a moment to complete our online
survey using the following link:
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You can also find the evaluation on our website at:
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10/13/2015 Mayer Brown
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Andrew J. [email protected] DCT +1 202 263 3220F +1 202 263 5220
Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the UnitedStates and in federal and state appellate courts; developing legal strategy for trial courts; and presenting policyand legal arguments to Congress, state legislatures, and regulatory agencies.
Andy has argued 24 cases in the Supreme Court, including AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011).For his victory in Concepcion, Andy was named Litigator of the Week by the American Lawyer and AppellateLawyer of the Week by The National Law Journal. Andy's work in Concepcion and successful defense of ChicagoMayor Rahm Emanuel's right to run for office were cited by the American Lawyer in its article naming MayerBrown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report. Law360’s2014 Appellate A‐List profile of Andy is here.
A former Assistant to the Solicitor General in the United States Department of Justice (1984‐1988), Andy co‐founded and serves as co‐director of the Yale Law School's Supreme Court Advocacy Clinic (2006‐present),which provides pro bono representation in 10‐15 Supreme Court cases each year. Andy's Supreme Court oralarguments are available here. A selection of his more than 250 appellate briefs is available here.
Andy's practice also includes detailed written and oral advocacy before Congress, other legislative bodies, andregulatory agencies regarding a variety of policy and legal issues. He frequently testifies before Congress on avariety of subjects, including patent reform, the Consumer Financial Protection Bureau, reform of the federallitigation system, and the Supreme Court's decisions in cases involving business law issues. Andy successfullyrepresented clients in connection with passage of the Private Securities Litigation Reform Act.
According to Legal 500 (2014), Andy has a "superb reputation" and "is 'one of the best Supreme Courtadvocates in the country' and a 'brilliant strategist'" (2013). An "'excellent Supreme Court oralist'" (2011), he "iscited by clients as 'a total superstar' who is 'unbelievably smart,' and who 'objectively belongs on any list ofleaders'" (2008). Chambers USA reports (2014) that commentators describe Andy as "'an excellent lawyer'" whois "'very smart'"; they "praise the breadth of" Andy's Supreme Court practice, "and state that he 'gets tappedfor the really important matters'" (2013). Andy is "a superb lawyer who is involved in lots of influential cases"(2010) and "is commended for his "masterful performances'" before the Court (2009). Andy's appellateexperience has also won him recognition in The Best Lawyers in America (2006‐2015).
Reporters often turn to Andy for commentary on Supreme Court cases. He also frequently speaks and writes onlegal issues for academic, professional, and general audiences.
While serving as General Counsel of the United States Department of Commerce (1997‐2000), Andy hadprincipal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global andNational Commerce Act. He also participated in formulation of policy concerning intellectual propertyprotection, privacy, domain name management, taxation of electronic commerce, export controls, internationaltrade, and consumer protection.
Before rejoining Mayer Brown, Andy served as General Counsel of Andersen Worldwide S.C. Following lawschool graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for theDistrict of Columbia (1981‐1982), after which he practiced with another major law firm in Washington.
Andy is a contributor to Class Defense, the firm's blog on key issues affecting class action law and policy.
10/13/2015 Mayer Brown
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Education
Yale University, BA, cum laudeColumbia Law School, JD; Notes & Comments Editor, Columbia Law Review, James Kent Scholar; HarlanFiske Stone Scholar
Admissions
New YorkDistrict of ColumbiaUS Supreme CourtUS Court of Appeals for the District of Columbia CircuitUS Court of Appeals for the First CircuitUS Court of Appeals for the Second CircuitUS Court of Appeals for the Third CircuitUS Court of Appeals for the Fourth CircuitUS Court of Appeals for the Fifth CircuitUS Court of Appeals for the Seventh CircuitUS Court of Appeals for the Ninth CircuitUS Court of Appeals for the Eleventh CircuitUS Court of Appeals for the Federal Circuit
Activities
Andy served as a member of the Advisory Commission on Electronic Commerce established by theInternet Tax Freedom Act, 1999‐2000
News & Publications
"Businesses See Chance to Derail Lawsuits as Supreme Court Returns," Bloomberg Politics, 5 October2015"Affirmative Action, Class Actions And Conspiracy On Supreme Court's Fall Docket," Forbes, 4 September2015"Microsoft "Ireland" Case Raises Fears as Appeal Nears," Corporate Counsel, 21 August 2015"Clock Is Ticking for Decision on Landmark Insider‐Trading Ruling," Bloomberg, 27 July 2015"Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds," USChamber of Commerce Institute for Legal Reform, 25 March 2015"Hearing: The State of Class Actions Ten Years After the ENactment of the Class Action Fairness Act," TheUnited States House of Representatives, 27 February 2015"Hearing: Examining Recent Supreme Court Cases in the Patent Arena," The United States House ofRepresentatives, 12 February 2015"Slate Amicus: “Thank You” Not “Please”," Slate, 25 January 2015"Oral Arguments Before the US Supreme Court in Williams‐Yulee v. Florida Bar," 21 January 2015"Retail Cases To Watch In 2015," Law360, 2 January 2015"Worth the Candle? Deference to a Trial Court’s Finding of Facts in Claim Construction," Inside Counsel,31 December 2014"Microsoft Gets Allies to Help Tell US to Back Off on Irish Search Warrant," PCWorld, 16 December 2014"Elite Law Firms Spin Gold From Getting Cases Before Supreme Court," Reuters, 8 December 2014"At America’s Court of Last Resort, a Handful of Lawyers Now Dominates the Docket," Reuters, 8December 2014"Patent Law Made Easier," Corporate Counsel, 1 November 2014"Mayer Brown partner Andrew Pincus receives US Chamber of Commerce Institute for Legal Reform’sResearch & Policy Award," 27 October 2014"Labor Law, Facebook Threats and Administrative Overreach on Supreme Court Docket," Forbes, 3October 2014"Supreme Court Term to Open With Quirky Business Docket," Fortune, 2 October 2014"Evolving Technology and the Fourth Amendment: The Implications of Riley v.California," Cato SupremeCourt Review, 17 September 2014"Mayer Brown's Policy Power Player: Andrew Pincus," Law360, 12 August 2014"CFPB Enforcement Action Casts Shadow On Debt Collectors," Law360, 30 July 2014"Roberts Bridges Court's Ideological Divide, But Shaky Consensus Reveals Depth of Split," The UnitedStates Law Week (subscription required), 22 July 2014"CFPB Enforcement Action Against Payday Lender Has Broad Implications for Financial Institutions,"
10/13/2015 Mayer Brown
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States Law Week (subscription required), 22 July 2014"CFPB Enforcement Action Against Payday Lender Has Broad Implications for Financial Institutions,"Mayer Brown Legal Update, 17 July 2014"Often‐split court agrees your privacy matters," Associated Press, 2 July 2014"Supreme Court Contraceptive Ruling and Term Round‐Up," Market Makers ‐ Bloomberg TV, 30 June2014"Legal Experts, Advocates React to Supreme Court’s Hobby Lobby Ruling," The Wall Street Journal LawBlog, 30 June 2014"Obama Loses On NLRB Recess Appointments, But Employers Unlikely To Win," Forbes, 26 June 2014"Ruling Limits President's Recess Appointments," Associated Press, 26 June 2014"Supreme Court decision invalidates NLRB recess appointments," InsideCounsel, 26 June 2014"Supreme Court will require warrants for searching smartphones," InsideCounsel, 25 June 2014"Lawyers React To Supreme Court's Cellphone Search Ruling," Law360, 25 June 2014"Big Business Has Eye on Supreme Court," Market Makers ‐ Bloomberg TV, 20 June 2014"US top court issues narrow ruling on software patents," Reuters, 19 June 2014"CFPB Study of Arbitration and Credit Cards Seen by Both Sides as Opaque Undertaking," Bloomberg Law(subscription required), 16 May 2014"Arbitration Three Years After Concepcion," The Am Law Litigation Daily, 13 May 2014"2nd Circ. Closes Door On Morrison Debate, Or Does It?," Law360, 8 May 2014"Pivotal Supreme Court case could expand unwarranted cellphone searches," InsideCounsel, 29 April2014"Weighing The Risks Of Warrantless Phone Searches During Arrests," NPR's Morning Edition, 29 April2014"Can the police search your cellphone without a warrant?," Fortune, 28 April 2014"A Busy Two Weeks for Court as Adjournment Draws Nigh," National Law Journal, 16 April 2014"The Right to Silence Your Phone," Newsweek, 19 March 2014"Tech Giants Say Justices Can Bolster Software Patent Rules," Law360, 13 March 2014"US Supreme Court Dramatically Narrows Grounds for General Personal Jurisdiction," Mayer Brown LegalUpdate, 13 March 2014"Reading the Halliburton Argument’s Tea Leaves," Mayer Brown's Class Defense Blog, 5 March 2014"Does Precedent or Congressional Action Prevent the Supreme Court from Reconsidering the Fraud‐on‐the Market Doctrine in Halliburton?," Mayer Brown's Class Defense Blog, 4 March 2014"Invalid Alice IP Shouldn't Bar Software Patents, Tech Cos. Say," Law360, 27 February 2014"What’s Wrong With Securities Class Action Lawsuits? The Cost to Investors of Today’s Private SecuritiesClass Action System Far Outweighs Any Benefits," Mayer Brown White Paper, 5 February 2014"What’s Wrong With Securities Class Action Lawsuits?The Cost to Investors of Today’s Private Securities Class Action System Far Outweighs Any Benefits,"Mayer Brown White Paper, 5 February 2014"Strine Asks High Court To Take Up 'Secret' Arbitration Case," Law360, 22 January 2014"US Supreme Court asked to review Delaware's 'secret trials' case," Reuters, 21 January 2014"Justices Shield Multinational Companies in Dirty War Case," The National Law Journal (subscriptionrequired), 14 January 2014"DaimlerChrysler Ruling Lends Certainty To Jurisdiction Feuds," Law360, 14 January 2014"Daimler Wins as US High Court Rejects Human‐Rights Suit," Bloomberg, 14 January 2014"Supreme Court Arguments Don't Bode Well For President's Appointments Power," Forbes, 13 January2014"Wall Street Journal Editorial Discusses Mayer Brown Study of Class Action Litigation," The Wall StreetJournal (subscription required), 30 December 2013"Federal Appellate Treatise, Second Edition," Mayer Brown Book, December 2013"Six Mayer Brown partners named to Washingtonian’s Best Lawyers list," 6 December 2013"Calif. Unconscionability Analysis In Conflict With FAA," Law360, 20 November 2013"Will the Supreme Court Take On Contraception Coverage Challenge?," Roll Call, 18 November 2013"9th Circuit speaks (twice) on arbitration agreements," Daily Journal, 18 November 2013"Regulatory Climate is Unsettled," The National Law Journal (subscription required), 18 November 2013"Panel: Supreme Court has Potential to Reshape Agency Authority," The Blog of the Legal Times, 13November 2013"Debate sharpens on proposed changes to federal rules on discovery," Reuters, 6 November 2013"Discovery Rules Changes Greeted With Skepticism in Senate," The National Law Journal (subscriptionrequired), 5 November 2013"Senate Panel Weighs Changes To Discovery Rules," Law360, 5 November 2013"Will California Strike Again? The Latest Word From the California Supreme Court On EnforcingArbitration Agreements," Mayer Brown Legal Update, 29 October 2013"9th Circ. Removes Calif. Barrier To Arbitration Enforcement," Law360, 28 October 2013"Justices Wrestle With Question: Why Is Daimler Human Rights Case In California?," Forbes, 15 October2013"Supreme Court Has Deep Docket in Its New Term," The New York Times, 7 October 2013"Precedents on the Line in New Term," The National Law Journal, 30 September 2013
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"Precedents on the Line in New Term," The National Law Journal, 30 September 2013"Chamber of Commerce turns to small courts for big wins," Reuters, 23 September 2013"High Court Urged To Tackle Cellphone Search Split," Law360, 5 September 2013"A Fractious, and Fractured, Term at the Supreme Court," The National Law Journal (subscriptionrequired), 1 July 2013"Justices Strike Down DOMA in Landmark Ruling," The National Law Journal (subscription required), 26June 2013"DOMA ruling affects 1,000 laws and programs," Lawyers USA (subscription required), 26 June 2013"BigLaw Attys Praise High Court's Gay Marriage Rulings," Law360, 26 June 2013"Supreme Court Rejects DOMA, Sets Same‐Sex Marriage On Path To Equality," Forbes, 26 June 2013"Attys React To High Court's Affirmative Action Ruling," Law360, 24 June 2013"Supreme Court Compromises in Affirmative Action Case," The National Law Journal (subscriptionrequired), 24 June 2013"High Court Isn’t Keen On Class Actions, Latest Term Shows," Law360, 21 June 2013"Justices Support Corporate Arbitration," The New York Times, 20 June 2013"Analysis: Big business the winner in US Supreme Court class action cases," Reuters, 20 June 2013"Supreme Court blocks class‐action claim against American Express," Los Angeles Times, 20 June 2013"What hope remains for consumers, employees after SCOTUS Amex ruling?," Reuters, 20 June 2013"Supreme Court Rejects Challenge to Arbitration Agreements," Mayer Brown's Class Defense Blog, 20June 2013"Justices' AmEx Ruling Greenlights Class Action Waivers," Law360, 20 June 2013"Bolstering Arbitration, Supreme Court Sides with Amex," The National Law Journal (subscriptionrequired), 20 June 2013"US Supreme Court rules for doctors in health plan fees case," Thomson Reuters News & Insight, 11 June2013"Stanford professor: State qui tam actions could be answer to Concepcion," Thomson Reuters News &Insight, 31 May 2013"Think twice before calling the Supreme Court “pro‐business"," InsideCounsel, 31 May 2013"Odds Are Kennedy Will Decide Affirmative Action Case. But What Will He Decide?," Forbes, 29 May2013"For powerful appeals court, Senate will struggle to fill vacancies," NBC News, 29 May 2013"High Court To Resolve CAFA Circuit Split In LCD Case," Law360, 28 May 2013"Delaware Asks Appeals Court to Revive Judge‐Run Arbitrations," The Wall Street Journal (subscriptionrequired), 17 May 2013"Appeals court questions 'secret justice' in Delaware," Thomson Reuters News & Insight, 17 May 2013"Federal court hears appeal over Delaware court secrecy," Delawareonline.com, 16 May 2013"Court Defends Secretive Arbitrations To 3rd. Circ.," Law360, 16 May 2013"Pro‐business procedures add to litigation costs: plaintiffs' lawyers," Thomson Reuters News & Insight, 16May 2013"Delaware's Chancery Court seeks to restart 'secret' hearings," Thomson Reuters News & Insight, 16 May2013"Fed. court hears appeal over Del. court secrecy," Bloomberg Businessweek, 16 May 2013"Analysis: Most vital part of Monsanto opinion may be what wasn't in it," Thomson Reuters News &Insight, 14 May 2013"Technology company lawyers praise limited Supreme Court patent ruling," The Daily Journal(subscription required), 14 May 2013"Is the Alien Tort a Zombie Doctrine? Andrew Pincus Responds," The Litigation Daily, 29 April 2013"US Supreme Court Holds that the Alien Tort Statute Does Not Apply Extraterritorially," Mayer BrownLegal Update, 18 April 2013"Justices Limit Reach of Alien Tort Law," The National Law Journal (subscription required), 17 April 2013"Companies Shielded as US Court Cuts Human‐Rights Suits," Bloomberg, 17 April 2013"Lawyers React To Supreme Court's Alien Tort Ruling," Law360, 17 April 2013"Justices rule U.S. courts not world forum for human rights suits," Los Angeles Times, 17 April 2013"Ninth Circuit Narrows California Exception To Arbitration Agreements, But Puts Off Deciding WhetherFAA Preempts The Exception Altogether," Mayer Brown's Class Defense Blog, 11 April 2013"Out of Prison? For Some, That Might Mean Out of Luck," The New York Times, 1 April 2013"Both sides in Supreme Court antitrust case find reasons for hope," Thomson Reuters News & Insight, 28February 2013"A rare win for class action plaintiffs in one case, but prospects dim in another," The National Law Journal(subscription required), 27 February 2013"AmEx Opens Door For Justices To Build On Concepcion," Law360, 26 February 2013"Silicon Valley patent lawyers fret over implications of US Supreme Court agriculture case," The DailyJournal (subscription required), 19 February 2013"Arbitration case this term could lead to broadest ruling against class actions," The National Law Journal,13 February 2013"District of Columbia Circuit Holds NLRB Recess Appointments Invalid, Undermining Numerous NLRB and
10/13/2015 Mayer Brown
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"District of Columbia Circuit Holds NLRB Recess Appointments Invalid, Undermining Numerous NLRB andConsumer Financial Protection Bureau Decisions," Mayer Brown Legal Update, 29 January 2013"After D.C. Circuit Ruling, What Happens to NLRB Decisions and its GC?," Corporate Counsel, 29 January2013"For CFPB, Parsing Which Rules Stay, and Which May Go," American Banker (subscription required), 28January 2013"Can The President End‐Run The NLRB Recess‐Appointments Ruling?," Forbes, 28 January 2013"Court says Obama exceeded authority in making appointments," The Washington Post, 26 January 2013"New York Appeals Court Precludes Attempted End Run Around Morrison," Mayer Brown Legal Update,22 January 2013"It May Float, but a Home Isn’t a Boat, Justices Rule," The New York Times, 15 January 2013"US Chamber Opposes Proposed SEC Disclosure Rule for Political Contributions," Corporate Counsel, 15January 2013"With 'Kilgore', Ninth Circuit Won't Make It Easy to Escape Arbitration," The Recorder, 11 December2012"Another slap down of a state court for not honoring arbitration clauses," National Law Journal(subscription required), 28 November 2012"Obamacare Opponents: Don't Get Hopes Up Over Supreme Court Order To Revisit Case," Forbes, 26November 2012"Appellate lessons from U.S. Supreme Court blockbusters," The Daily Record Newswire, 9 November2012"Summary Judgments for November 6," Thomson Reuters News & Insight, 6 November 2012"Mayer Brown launches Class Defense Blog," 22 October 2012"In Kiobel case, a question leads to another argument," The National Law Journal (subscription required),26 September 2012"Supreme Court Getting 'Back to Business' in Fall Term, U.S. Chamber Groups Say," Main Justice, 24September 2012"Get the facts straight in ‘Concepcion’," The National Law Journal, 23 July 2012"Analysis: Rivals on left, right battle in Supreme Court," Reuters, 13 July 2012"How The Health Care Ruling Might Affect Civil Rights," NPR, 6 July 2012"The Medicaid ruling's ripple effect," Politico, 3 July 2012"Analysis: Legal eagles redefine healthcare winners, losers," Reuters, 3 July 2012"For Pincus, tax issue was always at center of health care case," The National Law Journal, 2 July 2012"6 cases and litigation trends affecting in‐house counsel," InsideCounsel, 28 June 2012"John Roberts' health care vote scrutinized," CBS News, 28 June 2012"SCOTUS: What Congress can't regulate, it can tax," Thomson Reuters News & Insight, 28 June 2012"In health care and immigration cases, vindication for Verrilli," The National Law Journal, 28 June 2012"Inside the Obamacare Ruling: How Roberts Got A Majority," Forbes, 28 June 2012"US Supreme Court To Resolve Important Class‐Certification Issue in Comcast Corp. v. Behrend," MayerBrown Legal Update, 27 June 2012"Arizona v. United States," CBS Radio News, 26 June 2012"Supreme Court could rule for both sides on healthcare, immigration," Los Angeles Times, 24 June 2012"Arbitration After AT&T Mobility v. Concepcion: Judicial, Regulatory and Strategic Legal Responses ToHigh Court’s 2011 Ruling," The Metropolitan Corporate Counsel, 21 June 2012"Attorneys Debate What Happened to Civil Jury Trials, And Whether They Will Be Missed," The Blog ofLegal Times, 18 June 2012"2012 Appellate Hot List: Mayer Brown brought the revolution," The National Law Journal, 18 June 2012"Mayer Brown named to National Law Journal’s “Appellate Hot List” for fifth consecutive year," 18 June2012"Voting‐Rights Surprise at High Court May Foreshadow Health Care," Bloomberg, 7 June 2012"California Appellate Court Issues Major Decision on Enforceability of Arbitration Agreements inEmployment Context," Mayer Brown Legal Update, 6 June 2012"A return ticket to SCOTUS? The 2nd Circuit declines to rehear AmEx decision," Thomson Reuters News &Insight, 31 May 2012"Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit," MayerBrown Legal Update, 30 May 2012"'Concepcion,' one year later," The National Law Journal, 28 May 2012"Depends on how you define access," Thomson Reuters News & Insight, 25 May 2012"The Advantages of Arbitration," New York Times DealBook, 24 May 2012"Solicitor general's performance inspires both critics and defenders," MSNBC, 27 April 2012"Dukes‐ing it out: Wal‐Mart versus Concepcion, one year later," Thomson Reuters News & Insight, 27April 2012"Health Care Law Oral Argument Preview," Mayer Brown Presentation, 14 March 2012"Concepcion and the Arbitration of Federal Claims," Bloomberg Law, 2 March 2012"Federal Appeals Court Refuses To Enforce Agreement To Arbitrate Antitrust Claim On An IndividualBasis," Mayer Brown Legal Update, 10 February 2012
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Basis," Mayer Brown Legal Update, 10 February 2012"Barriers to Justice and Accountability: How the Supreme Court’s Recent Rulings Will Affect CorporateBehavior," Mayer Brown Article, 28 June 2011"Supreme Court: 2010‐11 term in review," USA Today, 27 June 2011"In these cases, the waiting is the hardest part," National Law Journal, 11 May 2011"U.S. Supreme Court Issues Opinion in AT&T Mobility LLC v. Concepcion," Mayer Brown Legal Update, 28April 2011"Law Experts Call For Flexible Patent Legislation," National Journal, 10 March 2011"LoL, BTW ... My Boss Is Monitoring Every Text That I Send, ;)," ALM, 19 April 2010"Stevens' Departure Leaves Big Shoes to Fill at High Court," ALM, 12 April 2010"Obama’s statement on Stevens," ALM, 9 April 2010"Justices to Consider a Border Battle Over Lawsuits," ALM, 29 March 2010"US consumer protection proposals attacked," Financial Times, 18 March 2010"Top 10 lobbying fights over financial reform overhaul legislation," The Hill, 16 March 2010"House deal bolsters defense of preemption," Source Media, 11 December 2009"Eight Mayer Brown Partners named to Washingtonian's Top Lawyers List," 7 December 2009"Congress goes full bore on governance legislation," Compliance Week, 17 November 2009"Justices to study patents on business methods," Wall Street Journal Online, 9 November 2009"Can you patent an idea?," CNBC, 6 November 2009"Making Sausage," The Deal, 2 October 2009"Corporate Disputes Dominate the Docket as a New Justice Joins the Court," ALM, 28 September 2009"Preview of major business cases in Supreme Court’s 2009‐2010 term," BusinessWeek, 24 September2009"The cert pool: Sotomayor joins it, lawyers attack it," ALM, 21 September 2009"Guest perspective: Sotomayor stumped only once," Wall Street Journal Online, 17 July 2009"Sotomayor may get hardball questions from her own party," Wall Street Journal Online, 10 July 2009"Andrew Pincus quoted on Ricci decision," Multiple News Outlets, 29 June 2009"A Different Approach to Antimonopolization Enforcement for the Obama Administration," Mayer BrownArticle, 25 June 2009"US Supreme Court Grants Certiorari in Bilski," Mayer Brown Legal Update, 2 June 2009"Antitrust's Big Break," BusinessWeek, 11 May 2009"Mayer Brown Captures Victory at the Supreme Court in Immigration Law Case," 3 March 2009"Many familiar faces to appear before justices," The National Law Journal, 22 September 2008"Among business cases, pre‐emption looms large," The National Law Journal, 22 September 2008"Legal Times Quotes Mayer Brown Partner Andy Pincus On Supreme Court Patent Case," Mayer BrownArticle, 9 June 2008"Mayer Brown on winning side in three Supreme Court decisions relating to federal preemption of statelaw," 26 February 2008"Mayer Brown Attorneys Named In The Washingtonian's Big Guns: 800 Top Lawyers," 28 November 2007"Mayer Brown Holds First Annual Pro Bono Awards Program," Mayer Brown Article, 15 November 2007"Southern Center for Human Rights Honors Mayer Brown For Guantanamo Work," 7 November 2007"Antitrust and the Roberts Court," Antitrust Magazine, Fall 2007"National Law Journal Quotes Andy Pincus in Article On Law School Supreme Court Clinics," 1 August2007"NLADA Honors Mayer, Brown, Rowe & Maw For Guantanamo Work," 20 June 2007"Andy Pincus Quoted In Washington Post Commenting On Supreme Court Decision In Sole v. Wyner,"Mayer Brown Article, 5 June 2007"USA Today Quotes Andy Pincus on Supreme Court Arguments," 10 April 2007"Andy Pincus Argues Important Constitutional Case in Supreme Court," 28 February 2007"Andy Pincus comments on the impact of Supreme Court decisions on the business community," MayerBrown Article, 11 January 2007"Mayer, Brown, Rowe & Maw Announces Formation of Congressional Oversight Strategy Group," Mayer,Brown, Rowe & Maw LLP, 5 January 2007"Andy Pincus comments on the school desegregation cases," Legal Times, 4 December 2006"Under Threat ‐ Supreme Court Should Tell Judges to Balance Equities Before Squashing Infringers withInjunctions," Legal Times, 27 March 2006
Events
"What’s Happening in Delaware? And Why You Need to Know," PLI’s 47th Annual Institute on SecuritiesRegulation, 28 October 2015 ‐ 29 October 20152015 Organization of International Investment (OFII) General Counsel Conference, 1 October 2015 ‐ 2October 2015"No Injury Classes and Article III Standing," DRI's Class Actions: Latest Developments in Law and Practice,28 July 2015
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28 July 2015The Heritage Foundation’s Scholars & Scribes Review the Rulings, 9 July 2015Supreme Court and Business: Assessing This Term’s Decisions and Looking Forward to Next Term'sDocket, 1 July 2015Yale Law School Association of New York City Constitutional Law Breakfast: Supreme Court Watchers, 29June 2015 ‐ 30 June 2015Patent Litigation Trends Impacting the Financial Services Sector, 14 May 2015George Washington University Law School Symposium on Intellectual Property, 12 May 2015Issue Preclusion: The Impact of B&B Hardware on Patent Law, 9 April 2015PLI's 20th Annual Consumer Financial Services Institute, 6 April 2015 ‐ 7 April 2015The CFPB’s Study of Arbitration: What Does It Mean For Potential Regulation, and How Will BusinessesRespond?, 6 April 2015"Panel Discussion, Lost in the Fine Print," The Center on Civil Justice and the Alliance for Justice, 30March 201515th Annual Albert A. DeStefano Lecture on Corporate, Securities and Financial Law, 26 March 2015"The Environment of Enforcement: Creating a Better," Ninth Annual Capital Markets Summit, 25 March2015Electronic Privacy Update Sponsored by Microsoft, 15 December 2014No‐Injury Class Actions: The Rise of Statutorily‐Created Harm and the Need for High Court Intervention, 9December 2014Cyber Crime and Data Breaches: Is Your Company Prepared for the Potential Litigation & EnforcementFallout, 17 November 2014The Future of Class Action Litigation: A View From the Consumer Class, 7 November 2014"The Enforcement Prism: Principled Prosecution or Profiteering?," 15th Annual Legal Reform Summit, 21October 2014Resnick Program Lunch Series Event: The Supreme Court's Decision in POM v. Coke, 6 October 2014Supreme Court Preview 2014, 19‐20 September 2014Alice v. CLS Bank: Increased Clarity or Greater Confusion in Applying Section 101?, 5 August 2014"Supreme Court Watchers" Breakfast, Washington DC, 1 July 2014Supreme Court and Business: Assessing This Term’s Decisions and Looking Forward to Next Term'sDocket, 1 July 2014"Supreme Court Watchers" Breakfast, New York, 30 June 2014US Supreme Court Issues Important Opinion on Copyright Act in ABC v. Aereo ‐ Right of PublicPerformance ‐ TV Broadcasting, 30 June 2014US Supreme Court Issues Important Opinion on Patent Eligibility of Computer‐Implemented Inventions,24 June 2014The Continuing Impact of Dodd‐Frank, 18 June 2014US Supreme Court Overturns Federal Circuit on Liability for Inducing Infringement and Standard forDefiniteness of Patent Claims: What Does This Mean for Patent Owners and Challengers?, 5 June 2014US Supreme Court Dramatically Narrows Grounds for General Personal Jurisdiction, 5 June 2014Financial Institutions and Consumer Credit Subcommittee Hearing entitled “Legislative Proposals toImprove Transparency and Accountability at the CFPB”, 21 May 2014Arbitration and the CFPB, 16 May 2014Exceptional Case Awards in Patent Infringement Cases, 15 May 2014Sidebar with AIPLA: An inside look at the oral argumentAlice Corporation Pty, Ltd. v. CLS Bank Internationa, 1 May 2014Buyer Beware: General Mills and Arbitration Clauses, 1 May 2014A Constitutional Conversation with Andy Pincus: The IRS’s Plan to Regulate Political Speech, 30 April 2014Supreme Court Unanimously Overturns Federal Circuit Standards For Shifting Of Attorneys' Fees InPatent Cases: What Are the New Rules Of The Road?, 30 April 2014Milbank Tweed Forum ‐ The Jury Trial is Dying: Should We Mourn its Demise?, 9 April 2014Practising Law Institute’s 19th Annual Consumer Financial Services Institute, 7‐8 April 2014Annual Pedrick Lecture, 28 March 2014Erica P. John Fund & Beyond: The Past, Present, and Future of Securities Class Actions, 28 February 2014Record‐Breaking Fines Imposed on Financial Institutions: Policy Considerations and ResponsibleAlternatives, 23 January 2014Reducing the Costs of Discovery in Litigation: How Will the Proposed Amendments to the FRCP MakeDiscovery More Efficient?, 5 December 2013USC Gould School of Law ‐ LACBA Corporate Law Departments 2013 Institute for Corporate Counsel, 3December 2013General Counsel Conference, 14‐15 October 2013"Remedies and Recompense: An Examination of Securities Arbitration and Class Actions," The 96thAnnual Conference of the North American Securities Administrators Association in Salt Lake City, Utah, 7October 2013"Federal Arbitration Act/Concepcion Update," Product Liability Advisory Council’s 2013 Fall Conference inLas Vegas, Nevada, 3 October 2013
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Las Vegas, Nevada, 3 October 2013CLE International’s 9th Annual Class Action Conference, 3‐4 October 2013William & Mary Law School Supreme Court Preview 2013, 27‐28 September 2013Washington Legal Foundation’s Media Briefing: “The U.S. Supreme Court: Previewing the October 2013Term”, 19 September 2013Supreme Court 2012‐2014 Term Preview, 16 September 20132013‐2014 Supreme Court Preview sponsored by American Constitution Society for Law and Policy, 16September 2013University of Cincinnati College of Law Celebrates the 75th Anniversary of the Federal Rules of CivilProcedure, 27 August 2013Class Actions in the Supreme Court in the 2012 Term, 2 July 2013Supreme Court and Business: Assessing This Term's Decisions and Looking Forward to Next Term'sDocket (Part I), 27 June 2013Supreme Court Reaffirms Enforceability of Arbitration Agreements: The Impact of the Decision inAmerican Express Co. v. Italian Colors Restaurant, 26 June 2013“Supreme Court Watchers” Breakfast, 26 June 2013AGEP Third Annual Public Policy Institute on Financial Services, 1‐3 May 2013Class Action Arbitration and the Supreme Court: Implications for the Future of Antitrust and ArbitrationLaw, 6 May 2013Arbitration and Class Actions Two Years After Concepcion, 1 May 2013PLI’s 18th Annual Consumer Financial Services Institute, 8‐9 April 2013CFPB’s Ability‐to‐Repay and Qualified Mortgage Rule and the Recent US Court of Appeals’ DecisionRegarding Recess Appointments, 31 January 2013Congressional Civil Justice Caucus Academy: The Role of State Attorneys General in Enforcing FederalLaw, 25 January 201313th Annual Legal Reform Summit, 24 October 2012CWAG (Conference of Western Attorney Generals) 2012, 22 July 2012 ‐ 25 July 2012Supreme Court and Business: Assessing This Term's Decisions and Looking Forward to Next Term'sDocket, 28 June 2012The Continuing Impact of Dodd Frank, 26 June 201224th Annual General Counsel Conference, 12 June 2012 ‐ 13 June 2012Second Annual Attorney General Public Policy Institute, “Financial Services Regulation”, 3 June 2012 ‐ 5June 2012Concepcion After One Year: The Changed World of Arbitration and Class Actions, 15 May 2012Arbitration after AT&T Mobility v. Concepcion: Judicial, Regulatory and Strategic Legal Responses to HighCourt’s 2011 Ruling, 8 May 2012Affordable Care Act Cases, 2 April 2012Health Care Law Oral Argument Preview, 13 March 2012Prepping For Judicial Surgery: A Crash Course on Healthcare Reform In the U.S. Supreme Court, 13 March2012Concepcion versus the NLRB: How Should Employers React to the NLRB’s D.R. Horton Decision, 19January 2012Consumer Financial Protection Bureau: The First Three Months and Expectations for the New Year, 17November 2011Supreme Court and Business: Assessing this Term’s Decisions and Looking Forward to Next Term’sDocket, 29 June 2011Class Actions and Arbitration Agreements: The Impact of the Supreme Court’s Decision in AT&T Mobilityv. Concepcion, 4 May 2011National Association of Attorneys General Presidential Initiative Summit, “America’s Financial Recovery:Protecting Consumers as We Rebuild”, 11 April 2011Advertising Law & Public Policy Conference, 15 March 2011 ‐ 16 March 2011Symposium on Intellectual Property, 3 March 2011Emerging Challenges Facing US Accounting Firms – Chicago, 24 February 2011Emerging Challenges Facing US Accounting Firms – New York, 15 February 2011Supreme Court and Business: Assessing this Term's Decisions and Looking Forward to Next Term'sDocket, 8 July 2010Impact of the Supreme Court's "Honest Services" Ruling, 28 June 2010The Most Important Supreme Court Business Decision You Haven't Heard Of, 3 August 2009Drafting Enforceable Arbitration Agreements and Recent Trends in Arbitration Law, 6 August 2008
10/13/2015 Kristin Yohannan | Cadwalader
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700 Sixth Street, N.W.Washington , DC 20001 Tel +1 202 862 2275 [email protected]
Kristin L. Yohannan Special Counsel Washington
Practice Areas
ITC Litigation
Intellectual Property
Litigation
Patent & Trade SecretLitigation
Admissions
District of Columbia
Pennsylvania
Virginia
Clerkship
Hon. Pauline NewmanU.S. Court of Appeals forthe Federal Circuit
Education
George WashingtonUniversity Law School J.D., with high honors
University of Connecticut M.S., Molecular
Profile
Kristin Yohannan is an experienced trial attorney and appellate advocate,who counsels clients in cases before the federal district courts and the U.S.International Trade Commission (ITC). Her experience covers patent,antitrust and breach of contract cases in the pharmaceutical, chemical,biotechnological, semiconductor, liquid crystal display, software,electronic systems, mechanical systems, and metallurgical sectors. With aneducational background in biology, chemistry, and molecular genetics,Kristin combines technical knowledge with years of experience as a trialattorney and at the U.S. Patent and Trademark Office (USPTO) litigatingpatent, trademark and trade dress cases.
She has tried five cases before the ITC during the past five years and hasserved as lead counsel in cases before several federal district courts, andshe argued 15 cases before the U.S. Court of Appeals for the FederalCircuit.
Kristin is a member of the Board of Governance for the Federal CircuitBar Association. She currently serves as an editor for the Federal CircuitBar Association Journal and the cochair of the Veteran’s Pro BonoCommittee of the Federal Circuit Bar Association. Kristin is also a boardmember of Bloomberg BNA's Pharmaceutical Law & Industry Report.
Kristin received her J.D., with high honors, from The George WashingtonUniversity Law School, where she was also elected to the Order of theCoif. She holds a Master of Science degree in molecular genetics from theUniversity of Connecticut, and received her B.S. from Lafayette College,with an emphasis in biology and chemistry. After law school, Kristinclerked for the Honorable Pauline Newman of the U.S. Court of Appealsfor the Federal Circuit. She is admitted to practice in the District ofColumbia, Virginia, and Pennsylvania.
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Genetics
Lafayette College B.S.,Biology and Chemistry
Publications
Editor and contributing author, Federal Circuit Bar AssociationJournal."Patent Expiration and 180Day Generic Exclusivity Under theHatchWaxman Act: Teva v. Sebelius," Pharmaceutical Law &Industry Report (May 7, 2010)."Edward H. Phillips v. AWH Corp., et al.: Did the Federal CircuitChange Anything?" Patent Strategy & Management, vol. 6, no. 5(Sept. 2005)."2002 Patent Law Decision of the Federal Circuit," AmericanUniversity Law Review, vol. 52, no. 4 (2003).Chief editor and contributing author, The United States Court ofAppeals for the Federal Circuit: A History, 2d Ed. (2004).Editor and contributing author, Intellectual Property Law Monthly.
Experience
Representative Experience
MediaTek Inc. v. Freescale Semiconductor, Inc. (Northern District ofCalifornia).Counsel for Freescale against MediaTek in a multipatent case involvingsemiconductor technology. Successfully defended Freescale through trialagainst all four patents asserted by MediaTek. This case settled favorably,along with several other cases between the parties, as a result of the trialand before a verdict was rendered.
Certain Sintered Rare Earth Magnets, Methods of Making Same, andProducts Containing Same, Inv. No. 337TA855 (International TradeCommission). Counsel for Hitachi Metals against over thirty respondents in a multipatent case pertaining to the composition and manufacture of rare earthmagnets. This case settled favorably prior to trial.
Certain Electronic Digital Media Devices, Inv. No. 337TA796(International Trade Commission). Member of the team that successfully tried a highprofile smartphone casebefore the International Trade Commission for Apple.
Certain Liquid Crystal Display Modules, Products Containing Same andMethods for Using Same (International Trade Commission, Inv. No. 337TA634). Counsel for complainant Sharp in a multipatent litigation againstSamsung pertaining to liquid crystal display televisions and otherelectronic devices.
Certain Liquid Crystal Display Devices and Products Containing Same(International Trade Commission, Inv. No. 337TA631).
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Counsel for Sharp in a companion case to the 634 Investigation whereSharp was the respondent. Investigation involved a multipatent litigationagainst Samsung pertaining to liquid crystal display televisions.
Certain Semiconductor Chips With Minimized Chip Package Size andProducts Containing Same (International Trade Commission, 337TA605). Counsel for Spansion against Tessera in a multipatent litigation pertainingto semiconductor technology. Participated in successfully obtaining a staybased on parallel reexamination proceedings from the trial judge.
Other Representative Experience
Counseled various chemical, pharmaceutical, electrical andbiotechnological clients on infringement, validity, freedom tooperate, licensing and regulatory matters.Negotiated numerous complex telecommunications agreements forleading telecommunications providers.Experienced in writing amicus curiae briefs before the U.S.Supreme Court as counsel for the United States.Provided contract and licensing advice to a client acquiring abackground music service; evaluated numerous national andinternational music license agreements.Litigated numerous attorney disbarment prosecutions on behalf ofthe USPTO.Authored an international treaty on industrial design patents andprovided legal advice on patent legislation.Authored various parts to the 37 Code of Federal Regulations, whichgoverns the USPTO.
Other Representative Litigations
Certain Flash Memory and Products Containing Same (representedSpansion)Fast Memory Erase, LLC v. Spansion, Inc., et al.Certain Articulated Coordinate Measuring Arms and ComponentsThereof (represented Nikon)Baltimore Aircoil Co., Inc. v. Evapco, Inc.Brett Benson, et al. v. City of Chicago (represented Johns HopkinsUniversity)Nextpoint, Inc. v. Nextpoint Networks, Inc.AstraZeneca v. Mylan Pharmaceuticals, Inc., et al.Ortho McNeil v. Mylan Pharmaceuticals, Inc.Zuna Corp. v. Atico Int’l Inc., et al.Novamedix Dist. Ltd. v. Q. Todd Dickinson (USPTO)Vallana v. Nicholas Godici (USPTO)Humanoids Grp. v. James E. Rogan (USPTO)Eli Lilly Co. v. Barr Labs. Inc.SmithKline Beecham Corp. v. Apotex, Inc., et al.Hewlett Packard Co. v. Bausch & Lomb Inc.
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Odetics, Inc. v. Storage Technology Corp., et al.Kubota Tractor Corp. v. Gamut Trading Co., et al.
Representative Appeals
Harari, et al. v. Hollmer, et al.Sharp Corp., et al. v. Samsung Electronics, et al.In re Baker Hughes Inc.In re BelvedereIn re BergIn re BergerIn re BonczykIn re CederbladIn re CUBA, Inc.In re GatelyIn re GreenleafIn re KollarIn re LC LicensingIn re McDanielIn re ReevesIn re SastryIn re Wako Pure Chemical Dethmers Mfg. Co. v. Automated Equipment Mfg.
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