But the firm isn’t myopically focused on litigation, Jameson
insists. The IP group’s roots are in patent prosecution, and the prosecution
practice remains vital to the group.
“I don’t think it’s a good idea for a large firm such as ours to
focus exclusively on IP litigation,” says Jameson. “Our prosecution
work complements our litigation work, and vice versa.”
Case in point: Partner Stephan P. Gribok drafted and prosecuted
the patent involved in Markman v. Westview Instruments, and supported
appeals up to U.S. Supreme Court in what went on to
become a watershed patent infringement case.
The case resulted in decisions of the Federal Circuit and the
Supreme Court establishing that interpretation of patent claims is
a question of law to be decided by a judge rather than by a jury, in
what have become known as "Markman" hearings. According to
one study, since Markman I, the percentage of patent infringement
cases decided on summary judgment has doubled from 12% to 24%.
As a result of the decision, the claim construction process has
become a critical step in most patent infringement cases, one in
which the evidence to be presented and the timing of the hearing
are of paramount importance.
Looking ahead, Jameson says the firm plans to continue to
grow its IP group and to add more lawyers in the near future.
“We’re looking for more lawyers who share the entrepreneurial,
growth-minded agenda of our chairman, our group, and the
firm,” Jameson says. “It’s self-evident that our way of doing things
is catching on with the best IP lawyers out there, and we’re going
to keep grabbing them up.”
