Frank J. West

Representative Matters

• Successfully represented Asahi Glass Company, Ltd., a Japanese glass manufacturer, and its subsidiary AFG Industries, Inc., a U.S. glass manufacturer, claiming patent infringement by Cardinal IG Co. of Asahi and AFG’s jointly owned patent relating to thin film low-emissivity coatings typically used in double-pane windows. After a four-day trial, the Federal District Court Judge granted judgment to Asahi and AFG on the issue of infringement. Thereafter, the jury returned a verdict of more than $25.1 million to which the court awarded prejudgment interest of more than $18.5 million, for a total of more than $43.7 million in damages. AFG and Asahi Glass v. Cardinal IG, No. 2:96-cv-244 (E.D. Tenn. 2005).
• Successfully represented Toshiba at trial, obtaining a holding that competitor Loral Fairchild’s early Charge-Coupled Device (CCD) patent was invalid and not infringed. Loral Fairchild, Corp. v. Matsushita Elec. Indus. Co., Ltd., No. 91-5056(S.D.N.Y. 2001).
• Representing client Buffalo Inc. and its subsidiary Buffalo Technology (USA) Inc., successfully appealed grant of summary judgment and permanent injunction in favor of CSIRO in a high-profile patent infringement case involving Wi-Fi technology relating to the transmission of wireless signals. This case was significant in that it was the first time that a court entered a permanent injunction in favor of a non-practicing entity since the Supreme Court’s landmarkeBay decision. The Federal Circuit vacated and remanded the case. CSIRO v. Buffalo, No. 2:06-cv-324 (Fed. Cir. 2008).

Other representative litigations, ITC proceedings, and 35 USC 146 actions in which Mr. West has been counsel include:

• Astellas Pharma, Inc. v. Sandoz, Inc.,07-cv-1721 (N.D. Ill.).
• Glaxowellcome v. Ben Venue Labs,96-cv-0278 (N.D. Ohio).
• Kyorin, Senju and Allergan v. Apotex,07-cv-779 (D. Del.).
• Linex Technology, Inc. v. Buffalo Technology (USA), Inc., 07-cv-222 (E.D. Tex.).
• Lupin Ltd. v. Astellas Pharma, Inc.,06-cv-400 (E.D. Va.).
• Moore North America, Inc. v. The Standard Register Co., Inc.,98-cv-485 (W.D.N.Y.).
• Optimumpath, LLC v. Buffalo, Inc.,09-cv-1398 (N.D. Cal.).
• SanDisk Corp. v. MELCO Holdings, Inc., 07-cv-605 (W.D. Wis.).
• Sigma Tau Industrie Farmaceutiche Riunite, S.p.A.v. Lonza
• Smithkline Beecham v. Sumika Fine Chemicals, 01-cv-2602 (E.D. Pa.).
• Wi-Lan, Inc. v. Buffalo Technology (USA), Inc.,07-cv-473 (E.D. Tex.).
• Zambon Group S.p.A. v. Pfizer, Inc., Warner-Lambert, L.L.C., and Goedecke
• Aktiengesellschaft,03-cv-5334 (D.N.J.)Zambon Group v. Teva, 04-cv-1157 (D.D.C.).
• In re Certain Semiconductor Memory Devices and Products Containing Same, 337-TA-472 (USITC).
• In re Certain Organic Photoconductor Drums and Products Containing Same, 337-TA-411(USITC).
• Eastman Kodak Co. v. Duracell, Inc.,98-cv-234 (D.D.C.) (35 USC §146 action).
• Ramtron Int’l Corp. v. National Semiconductor Corp., 99-cv-0146 (D.D.C.) (35 U.S.C. §146 action).
• Univ. of Mass. v. Roslin Institute, 05-cv-353 (D.D.C.) (35 U.S.C. §146 action).