`Property and Litigation
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`Kirkland & Ellis LLP
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`Chicago, Illinois
`t: +1 312-862-3261
`f: +1 312-862-2200
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`Los Angeles, California
`t: +1 213-680-8348
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`f +1 213 680 8500f: +1 213-680-8500
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`luke.dauchot@kirkland.com
`
`Education
`Case Western Reserve University
`School of Law; J.D., 1986
`Case Western Reserve University;
`B.A.,1983
` magna cum laude
` Phi Beta Kappa
`
`Luke L. Dauchot, P.C.
`
`Luke is a trial lawyer who focuses his practice on intellectual property and
`complex commercial cases. Admitted to practice in California, Illinois, and
`Ohio, Luke has tried numerous patent infringement and commercial cases in
`venues throughout the country. He has been recognized by The American
`Lawyer as one of Kirkland’s first-chair “young and hungry” IP trial lawyers,
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`by Law360 as one of its patent litigation “MVPs ” and by one of California’sby Law360 as one of its patent litigation MVPs, and by one of California s
`leading legal journals as among California’s top-75 IP attorneys. As lead
`counsel, Luke has obtained multiple defense and some of the country’s
`highest patent plaintiff’s verdicts, including a $226 million Massachusetts jury
`award, a California jury verdict in the amount of $70 million, and another
`California jury verdict in the amount of $101.2 million. Admitted to practice
`before a number of appellate courts including the United States Court of
`
`Appeals for the Federal Circuit Luke has also briefed and argued cases onAppeals for the Federal Circuit, Luke has also briefed and argued cases on
`appeal.
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`Clients have called on Luke’s litigation and trial skills in disputes involving a
`wide range of technical areas. A substantial part of Luke’s practice focuses on
`medical device matters, including cardiovascular and orthopedic devices,
`instruments, and methods. His work in this area has led to recognition by
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`tiblipublications such as The American Lawyer, Corporate Counsel, The Daily h Th A i L C t C l Th D il
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`Journal, Managing Intellectual Property, IP Law360, Southern California
`Super Lawyers and The Los Angeles Business Journal.
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`Representative Matters
`Medtronic v. NuVasive (patent litigation)
`United States District Court for the Southern District of California
` As lead trial counsel, won $101.2 million for Warsaw Orthopedic, Inc. (a
`Medtronic entity) in the first phase of a patent infringement dispute with
`NuVasive, Inc. The jury found that NuVasive’s spinal technology infringed all
`three of Warsaw’s asserted patents.
` Case was listed in Los Angeles Daily Journal “Jury Awards $101 million to
`medical device maker in patent case” (September 23, 2011); AmLaw Litigation
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`Daily “Kirkland, Dewey Win $101 Million Jury Verdict for Medtronic in Spinal y , y y p
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`Implant Patent Case” (September 20, 2011); Law360 “Jury Hands Medtronic
`$101M in Spine Device IP Fight” (September 20, 2011); Bloomberg News
`“Medtronic Wins $101 Million Award from NuVasive Over Spine Device
`Patents” (September 20, 2011).
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`www.kirkland.com 1
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`Admissions/Qualifications
`2004, California
`1988, Ohio
`1986, Illinois
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`Professional Associations &
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`hibMemberships
`American Bar Association,
`Intellectual Property Law and
`Litigation Sections
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`American Intellectual Property
`Law Association
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`International Bar Association
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`Los Angeles Intellectual Property
`Law Association
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`Judge Paul R. Michel Intellectual
`Property American Inn of Court –
`Executive Committee Member
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`Foreign Languages
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`D t hDutch
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`French
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`Luke L. Dauchot, P.C.
`
`Alcatel-Lucent v. Microsoft (patent litigation)
`United States District Court for the Southern District of California
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` As lead trial counsel for Alcatel-Lucent, won $70 million patent infringement
`jury verdict in the retrial of a long-running patent infringement dispute with
`Microsoft
` Case was listed in AmLaw Litigation Daily “Kirkland Wins $70 Million Patent
`Verdict for Alcatel in Retrial Against Microsoft” (August 1, 2011); Los Angeles
`Daily Journal “Microsoft Loses Patent Fight to Alcatel-Lucent” (August 1,
`2011); Bloomberg News “Microsoft Must Pay Alcatel $70 Million in Patent
`Damages, U.S. Jury Says” (July 29, 2011).
`Ericsson Inc. v. D-LINK Systems, Inc.
`United States District Court for the Eastern District of Texas
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` Lead trial counsel for Intel Corporation
`Finjan, Inc. v. McAfee, Inc. (patent litigation)
`United States District Court of Delaware
` Represented McAfee, Inc. as lead trial counsel in patent litigation brought by
`Finjan, Inc. against McAfee, Symantec, Sophos and Websense
`
`Stryker v Biedermann Motech GmbH (patent litigation)Stryker v. Biedermann Motech GmbH (patent litigation)
`United States District Court for the District of Columbia
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` As lead trial counsel for Biedermann Motech, successfully defended company in
`2010 bench trial on 35 U.S.C. Section 146 appeal of USPTO interference ruling
`Biedermann Motech GmbH v. Alphatec (patent litigation)
`United States District Court for the District of Massachusetts
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` As lead trial counsel for Biedermann, argued and won Markman hearing and
`summary judgment motions; case settled in May of 2008 for a sum in excess of
`$10 million. The settlement was reported in Bloomberg News.
`Helix Information Services, Inc. v. Hawaiian Gardens Casino (patent
`litigation)
`United States District Court for the Central District of California
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` Won summary judgment of non-infringement on behalf of Hawaiian Gardens
`Casino, and obtained partial summary judgment that the named inventor had
`withheld material prior art from the U.S. Patent Office. The rulings were later
`vacated at the request of plaintiff as part of the stipulated dismissal.
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`www.kirkland.com 2
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`Distinctions
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`IAM Patent 1000: The World’s
`Leading Patent Practitioners,
`2012
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`The Legal 500 U.S.,
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`Recommended Lawyer, 2012Recommended Lawyer, 2012
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`Law360’s “2011 MVP”
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`The Daily Journal’s “Top 75
`Intellectual Property Lawyers in
`California,” 2009 — 2013
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`The Recorder’s 2011 "Attorneys of
`the Year"
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`“Southern California Super
`Lawyers,” 2009 — 2013
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`Luke L. Dauchot, P.C.
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`Biedermann Motech GmbH v. Medtronic (patent litigation)
`United States District Court for the District of Massachusetts
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` As lead trial counsel for Biedermann, won patent infringement jury verdict in the
`amount of $226 million, second largest patent infringement award in 2007, and
`reportedly largest award in the history of Massachusetts
` Case was listed in The American Lawyer “Young and Hungry” (January 2008);
`The American Lawyer “Big Suits” (December 2007); Bloomberg News
`“Medtronic Loses Bid to Void J&J $226 Million Verdict” (December 2007); IP
`Law360 “Judge Nails Medtronic with $226M Screw Judgement” (December
`2007); Managing Intellectual Property “KSR Cited as Court Backs $226.3
`Million Award” (December 2007).
`Medtronic v. Michelson (patent/commercial litigation)
`United States District Court for the Western District of Tennessee
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` Won breach of contract/patent infringement jury trial ($170 million
`compensatory damages; $400 million punitive damages); settled for 1.35 billion
`in April 2005 (largest patent settlement in history)
` Case was listed in The American Lawyer “Winning Ways” (March 2005); “Big
`Suits” (December 2004) and Lawyers Weekly USA “Doctor Wins $560 Million
`
`for His Invention” (October 25 2004)for His Invention (October 25, 2004).
` Verdict was cited in The Los Angeles Times “Jury Orders Medtronic to Pay
`Punitive Damages of $400 Million to L.A. Inventor” (October 13, 2004)
`Settlement was cited in Los Angeles Business Journal “Doctor Billion” (May
`2005).
`WR Grace v. Zapata Industries (patent litigation)
`United States District Court for the Southern District of Florida
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` Obtained defense jury verdict on obviousness grounds in chemical composition
`matter
`University of Akron v. Shell Oil Company (patent litigation)
`United States District Court for the Northern District of Ohio
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` Won JMOL on behalf of Shell Oil following close of plaintiffs’ case in matter
`
`involving oil additive productsinvolving oil additive products
`Cleveland Cliffs v. Cyprus Amax (commercial litigation)
`Lake County, Minnesota
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` Won jury verdict for client (one of largest awards in county’s history) in
`commercial indemnity case involving iron ore facilities
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`www.kirkland.com 3
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`Luke L. Dauchot, P.C.
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`Other Matters
` Completed successful appeals in United States Court of Appeals for the Federal,
`Sixth, and Seventh Circuits
` Tried additional cases/expedited remedy proceedings in venues throughout the
`country
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` Secured favorable settlements in patent trademark and trade secret litigation Secured favorable settlements in patent, trademark, and trade secret litigation
`pending in venues throughout the country
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`Publications
` Luke L. Dauchot – Q&A – Law360, July 2009
` Luke L. Dauchot – “Markman Marks Ten Years: Where Do Things Stand?”
`American Bar Association Section of Intellectual Property Law, 21st Annual IPL
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`Conference Course Materials April 2006Conference Course Materials, April 2006
` Luke L. Dauchot – “The Doctrine of Equivalents: An Endangered Species?”
`American Bar Association Section of Intellectual Property Law, 21st Annual IPL
`Conference Course Materials, April 2006
` Luke L. Dauchot, CAFC Year in Review, 2005 National CLE Conference,
`Intellectual Property, Snowmass, Colorado
` Luke L. Dauchot and Jeffrey C. Metzcar, “Technical Advisors: Welcome
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`titifi EdS iScientific Education, But at What Cost to a Patent’s Notice Function? “ IP B t t Wh t C t t P t t’ N ti F ti ? “ IP
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`Litigator, March/April 2003
` Luke L. Dauchot, “Patent Claim Construction: Understanding the Game Called
`the Claim,” IP Litigator, August 2001
` Luke L. Dauchot, “Patent Claim Construction: Substantive and Procedural
`Update” 2001 National CLE Conference, Intellectual Property, Vail, Colorado
` Luke L. Dauchot, “The CAFC’s De Novo Regime: Are We Better Off?” Vol. 2,
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`SN 3 NNo. 3, News Source, a publication of the Chicago John Marshall Law School bli i f h Chi J h M h ll L S h l
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`Center for Intellectual Property Law, Summer 2000
` Luke L. Dauchot, “State of Patent Construction: Substantive and Procedural
`Background,” American Bar Association Section of Intellectual Property Law
`IPL Conference Course Materials, Summer 2000
` Luke L. Dauchot and Karl M. Laskas, 1999 American Bar Association Section of
`Intellectual Property Law 1999 Markman Survey, 18 A.B.A. SEC. Pub. I.P.L. 3,
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`S iSpring 20002000
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` Luke L. Dauchot, “The Federal Circuit’s De Novo Review of Patent Claim
`Construction: A Need For a More Balanced Approach,” 18 A.B.A. SEC. PUB.
`I.P.L. 1, Fall 1999
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`www.kirkland.com 4
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`Luke L. Dauchot, P.C.
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`Seminars
` “Follow the Money - Monetary Compensation in Intellectual Property Cases,”
`International Bar Association, Dublin Ireland, October 2012
` “The General Counsel’s Perspective: Insight for 2011 and Beyond,” 30th
`Anniversary Institute for Corporate Counsel, Los Angeles, California, December
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`20112011
` “But It’s Only A Drop in the Bucket!” The Judge Paul R. Michel Intellectual
`Property American Inn of Court, Los Angeles, California, November 2011
` “Smooth Moon Walking: Nikkie Shoes v. MJ Footwear,” The Los Angeles
`Intellectual Property American Inn of Court, Los Angeles, California, October
`2009
` “Emerging Trends in Patent Litigation,” Los Angeles Intellectual Property Law
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`Association Statewide Intellectual Property Spring Seminar Event LakeAssociation Statewide Intellectual Property Spring Seminar Event, Lake
`Arrowhead, California, June 2009
` “IP Litigation - Blessing or Curse? Practical Tips to Maximize Results and
`Minimize Exposure,” AmLaw 6th Annual General Counsel West Coast
`Conference, San Francisco, California, November 2008
` “IP Litigation: Global Best Practices,” American Bar Association Section of
`Intellectual Property Law, ABA 2008 Annual Meeting, New York, New York,
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`August 2008August 2008
` “Extrinsic Evidence in a Post-Phillips World,” Patent Claim Construction 2007:
`The Advanced Legal Forum, Washington, D.C., March 2007
` “Extrinsic Evidence in a Post-Phillips World,” Patent Claim Construction 2007:
`The Advanced Legal Forum, Palo Alto, California, January 2007
` “Markman Marks Ten Years: Where Do Things Stand?” American Bar
`Association Section of Intellectual Property Law, 21st Annual IPL Conference,
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`Arlington Virginia April 2006Arlington, Virginia, April 2006
` “The Doctrine of Equivalents: An Endangered Species?” - American Bar
`Association Section of Intellectual Property Law, 21st Annual IPL Conference,
`Arlington, Virginia, April 2006
` “CAFC Year in Review,” 2005 National CLE Conference, Intellectual Property,
`Snowmass, Colorado, January 2005
` “Claim Construction: Where are we and how did we get here?” Columbus
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`Intellectual Property Law Association January 2002Intellectual Property Law Association, January 2002
` “Patent Claim Construction: Where are we and how did we get here?” Cleveland
`Intellectual Property Law Association, October 2001
` “Patent Claim Construction: Substantive and Procedural Update,” 2001 National
`CLE Conference, Intellectual Property, Vail, Colorado, January 2001
` “The State of Claim Construction: A Panel Presentation,” American Bar
`Association Intellectual Property Section Summer Conference, Boston,
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`MMassachusetts, June 2000h tt J 2000
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` “The State of Patent Claim Construction,” Cleveland Intellectual Property Law
`Association, April 2000
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`www.kirkland.com 5