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Storix’s Intellectual Property Case Is One Worth Studying

A federal jury in San Diego ruled disaster recovery software developer Storix Inc. owns all rights to the copyrights to all versions of SBAdmin, its flagship bare-metal network recovery solution. The eight-person jury found unanimously that Storix’s founder Anthony Johnson had transferred ownership of all pre-incorporation copyrights to the company when it was incorporated in 2003 and that the copyrights to all post-incorporation works belong to the company under the work-for-hire doctrine. It’s a good ruling for IP practitioners to review.

The verdict is a big win for the company whose SBAdmin product provides disaster recovery solutions for the networks of more than 2,000 global customers, including numerous large enterprises. Storix intends to file a motion for attorneys’ fees. U.S. District Judge Marilyn L. Huff presided. Storix was represented by Paul Tyrell and Sean Sullivan of Procopio Cory Hargreaves & Savitch LLP.

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Speaking of Procopio, it continues to expand its influence on the San Diego legal market with the addition of two experienced lateral attorneys who will strengthen the firm’s experience in the areas of construction litigation and commercial insolvency. David A. Perkins has joined the firm’s construction group and William Smelko has joined the firm’s litigation team with a focus on bankruptcy. Both started in December as Of Counsel.

Perkins’ practice emphasizes business litigation as well as construction law and real estate litigation. Unique to many law firms, Perkins also offers mediation and arbitration services designed to foster resolution of complex construction and business cases.

Perkins previously ran his own construction law firm, most recently serving as a construction executive with one the largest reinforcing steel subcontractors in the U.S.

Smelko has more than 30 years of experience representing clients in litigation, with an emphasis on business bankruptcy, restructuring and corporate governance disputes. His practice also involves advising credit unions and other financial institutions on a variety of bankruptcy related matters.

Smelko started his legal career at Sullivan, Jones & Archer, a local boutique litigation firm specializing in antitrust and complex business litigation. He subsequently practiced bankruptcy and restructuring litigation with Wied & Smelko, as well as at Schall, Boudreau and Gore.

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Fish & Richardson has been named to the National Law Journal’s (NLJ) “2015 Appellate Hot List” as one of 20 firms that “represent appellate advocacy at its strongest — winning the big cases and changing the law.” This is the fifth time that Fish has been named to the Appellate Hot List.

The NLJ noted that, “Fish & Richardson likes a dual perspective on appeal. It commonly uses the lawyer who ran the trial to present oral arguments — with the help of a fresh take from at least one attorney in the firm’s appellate practice.”

The NLJ highlighted Fish’s two wins at the U.S. Court of Appeals for the Federal Circuit for longtime client Allergan PLC as an example of this winning strategy. In August 2015, the Federal Circuit affirmed a win that blocks Allergan’s four competitors from selling a generic version of its Lumigan glaucoma treatment, which has $200 million in annual sales, until 2027. In December 2014, the Federal Circuit’s ruling maintained patent protection for Allergan’s glaucoma drug Combigan, which has over $200 million in annual sales, until 2022. This ruling “affirmed the importance of fairness in the litigation of these drug cases,” said Jonathan Singer, the principal who was lead counsel on the appeal.

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Perkins Coie announced that 22 counsel and senior counsel have been promoted to partner, including new San Diego partner Kevin J. Patariu, who is a member of the firm’s patent litigation practice. He litigates for domestic and foreign clients before U.S. District Courts and the International Trade Commission. Patariu successfully tried two Section 337 investigations before the ITC. He has represented petitioners and patent owners in over 25 inter partes review post-grant proceedings before the U.S. Patent and Trademark Office. Patariu is a licensed professional engineer in California and co-inventor of eight patents, and draws on his technical experience when counseling clients on litigation and prosecution issues.

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Thomas Jefferson School of Law’s Center for Law and Social Justice has created an award to recognize student efforts in social justice after receiving an endowment in memory of alumnus Samuel Kossack, who died last year.

Kossack’s family and friends have donated generously to establish an award to recognize a currently enrolled Thomas Jefferson student who, through his or her own actions, promotes social justice either on an individual basis or by transforming systems that perpetuate injustice.

Recipients must demonstrate contributions to social justice through participation in activities such as volunteer work, relevant scholarship, advocacy of social justice, the law school’s pro bono program,

clinical courses, self-help clinics, or other work that directly serves the needs of marginalized or disadvantaged populations.

Kossack was a beacon for social justice. One law professor described him as a man “with sharp intelligence as he worked tirelessly to educate others about possible solutions. Kossack continued to champion social justice causes while maintaining honors student status at Thomas Jefferson School of Law. He was active in La Raza, an organization providing free or low-cost, bilingual, culturally-sensitive legal aid, community education and advocacy for low-income residents of California.

Randy Frisch is vice chancellor of business administration at National University and is a former publisher of the San Diego Business Journal. He is licensed to practice law in California, Nevada and Idaho.

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