Michelle M. Kemp

Riddell Inc v. Kranos Corporation

U.S. District Court for the Northern District of Illinois
Obtained $5 million verdict for Riddell after jury found rival helmet maker Schutt Sports had willfully infringed two of Riddell’s patents when they created and marketed the “Vengeance” football helmet line.

U.S. Water Services, et al. v. Novozymes A/S, et al.

U.S. District Court for the Western District of Wisconsin
Obtained a jury verdict of contributory and induced infringement and no invalidity on behalf of U.S. Water Services. After a two-week trial, the jury awarded more than $7.5 million in royalties to U.S. Water Services after finding that the defendants infringed the asserted claims of two U.S. Water Services patents covering the use of phytase to reduce deposits in ethanol processing equipment.

Cree, Inc. v. Kingbright Corporation

U.S. District Court for the Western District of Wisconsin
Successfully represented Cree in the enforcement of patents relating to LED technology.

Cree, Inc. v. Harvatek Corporation

U.S. District Court for the Western District of Wisconsin
Successfully represented Cree in the enforcement of patents relating to LED technology.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Stadtmueller, J.)

U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. in a patent infringement case related to LED lighting products. Successfully obtained summary judgment ruling of non-infringement.

Ruud Lighting Inc. v. Cooper Lighting, LLC

U.S. District Court for the Eastern District of Wisconsin
Representing Ruud Lighting Inc. in a patent infringement case related to LED lighting products.

Omega Mfg Corp v. Valley Tissue Pkg. Inc.

U.S. District Court for the Eastern District of Wisconsin
Defended Valley Tissue against allegations of patent infringement related to conveyor belt technology.

Prompt Medical Systems, L.P. v. Epic Systems Corporation

U.S. District Court for the Eastern District of Texas
Defended Epic against allegations of infringement of patent relating to medical records software.

Chan, Techsearch LLC, IP Innovation LLC v. Intuit, Inc., Symantec Corporation, Electronic Arts, Inc.*

U.S. District court for the Northern District of California
Defended Symantec Corporation against claims of infringement of patent relating to portable storage devices (e.g., CD-ROMs) containing links to websites. After substantial discovery, including several third-party prior art references, the litigation was settled.

University of Washington v. The General Electric Company, et al.

U.S. District Court for the Western District of Washington
Represented the University in the enforcement of patent relating to medical imaging.

Regents of the University of California and Boston Scientific Corporation v. Micro Therapeutics Inc. (MTI), et al.*

U.S. District Court for the Northern District of California
Represented MTI in patent infringement case involving 12 patents relating to the repair of brain aneurysms by implanting platinum microcoils therein. Nine other corresponding worldwide litigations, as well as several European Patent Office (EPO) oppositions were also ongoing. MTI counterclaimed for antitrust violation against the Regents and Boston Scientific Corporation. The litigation was successfully completed in March 2008, with MTI receiving a worldwide license to operate under all of the asserted patents.

Wisconsin Alumni Research Foundation (WARF) v. Geron Corporation*

U.S. District Court for the Western District of Wisconsin
Represented WARF in a case to restructure exclusive stem-cell license.

Troll Busters LLC v. Quanta BioSciences Inc.

U.S. District Court for the Southern District of California
Defended Quanta BioSciences against allegations of false patent marking. Court granted Quanta's motion to dismiss

Rembrandt Data Storage, LP v. Seagate Technology LLC

U.S. District Court for the Western District of Wisconsin
Represented Rembrandt in assertion of patents relating to thin film heads used in hard disk drives.

Rembrandt Data Storage, LP v. Western Digital Corporation

U.S. District Court for the Western District of Wisconsin
Represented Rembrandt in assertion of patents relating to thin film read/write heads used in hard disk drives.

S.C. Johnson & Son Inc. and CTR, LDA v. The Dial Corporation*

U.S. District Court for the Western District of Wisconsin
Represented S.C. Johnson and CTR against Dial in a patent infringement case involving CTR’s patents covering multi-fragrancing technology used in consumer air freshener products. Case was resolved after claim construction.

Acuity Mutual Insurance Company v. Symantec Corporation, et al.

Represented Symantec in recovering for trademark and copyright damages from adjudged infringer's insurer. Obtained favorable decision on coverage from the Wisconsin Supreme Court.

Cambridge Antibody Technology Group Plc v. MorphoSys AG*

U.S. District Court for the District of Columbia
Represented defendant in a two-week jury trial in a patent infringement case involving phage display antibody libraries. Summary judgment granted in favor of MorphoSys following a hung jury.

Ashley Furniture Industries Inc. v. Lifestyle Enterprises and Ashley Furniture Industries Inc. v. Yuan Tai Enterprises

Represented Ashley Furniture in assertion of design patent.

Monsanto Corporation v. Pioneer Hi-Bred International Inc. (DuPont)

Represented Pioneer Hi-Bred in a patent case relating to genetically modified corn seed.

Hitachi Ltd. v. Samsung Display Devices Company, Ltd.*

U.S. District Court for the Eastern District of Virginia
Represented Samsung in a lawsuit involving electronic monitors and related electronic display technology. Case settled.

Ecolab Inc. v. Gardner Manufacturing Company

U.S. District Court for the District of Minnesota
Represented Gardner Manufacturing in a patent case involving lighted wall sconce/insect trap.

Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Randa, J.)

U.S. District Court for the Eastern District of Wisconsin
Defending Ruud Lighting Inc. and two of its officers in a breach of fiduciary duty/related claims and trade secret case. The Court granted Ruud's motion to dismiss the breach of fiduciary duty and related claims.

Wisconsin Alumni Research Foundation (WARF) v. Virtus Pharmaceuticals, LLC

U.S. District Court for the Western District of Wisconsin
Represented WARF in an action for infringement of WARF’s patent directed to the use of calcium formate to increase dietary calcium in a human patient. Obtained favorable settlement.

Wisconsin Alumni Research Foundation (WARF) v. WH Nutritionals, LLC

U.S. District Court for the Western District of Wisconsin
Represented WARF in an action for infringement of WARF’s patent directed to the use of calcium formate to increase dietary calcium in a human patient. Obtained favorable settlement.

* Prior Experience

Wisconsin Alumni Research Foundation (WARF) v. Medimmune, LLC

U.S. District Court for the Western District of Wisconsin
Represented WARF in enforcing license to technology relating to an influenza vaccine.

Yarborough v. S.C. Johnson & Son Inc., et al.

U.S. District Court for the Eastern District of Texas
Defended S.C. Johnson against allegations of false patent marking.

San Francisco Technology Inc. v. S.C. Johnson & Son Inc.

U.S. District Court for the Northern District of California
Defended S.C. Johnson against allegations of false patent marking.

Ralph M. Hungerpiller, Sr. v. S.C. Johnson & Son Inc., et al.

U.S. District Court for the Northern District of Alabama
Defended S.C. Johnson against allegations of false patent marking.

Knight v. Grossman

U.S. District Court for the Eastern District of Wisconsin
Represent, on a pro bono basis, a prison inmate, Knight, asserting violations of the U.S. Constitution and the Civil Rights Act (42 U.S.C. § 1983) relating to his medical treatment.

Mosby v. Cavey

U.S. District Court for the Western District of Wisconsin
Pro bono representation of inmate asserting §1983 claim of deliberate indifference to his serious medical need.

Shays v. Federal Election Commission*

U.S. District Court for the District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit
Pro bono representation of the congressional co-sponsors of the Bipartisan Campaign Reform Act (BCRA) in federal district and appellate court litigation challenging as inadequate various regulations promulgated by the Federal Election Commission, including those dealing with coordinated campaign communications. The D.C. Circuit found that several of the challenged regulations frustrated BCRA’s purpose of closing the soft money loophole in federal campaign law and were arbitrary and capricious under the Administrative Procedure Act. 414 F.3d 76 (2005); 528 F.3d 914 (2008).

* Prior Experience