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Knobbe Martens Successfully Defends Toshiba Before Federal Circuit Against Computer Docking Station

| Ted M. Cannon

Vito Canuso and Ted Cannon, partners with Knobbe Martens Olson & Bear LLP, successfully defended Toshiba America Information Systems before the Federal Circuit Court of Appeals against Computer Docking Station Corporation (CDSC), a subsidiary of patent enforcement company Acacia Research. The Federal Circuit agreed with Toshiba last Friday that CDSC's patent did not apply to the accused products sold by Toshiba, Dell Corporation, and Gateway Incorporated.

In January of 2006, CDSC filed suit against Dell, Gateway and Toshiba, and several other defendants contending that the defendant's laptop computers and docking stations infringed a patent for a portable microprocessing system. Affirming the District Court's decision of non-infringement, the Federal Circuit ruled that the statements made by the named inventors during prosecution of the patent prevented the patent from covering computers with built-in displays and keyboards, like the notebook and laptop computers sold by Toshiba. "This patent should never have been asserted against Toshiba, and the confirmation of the Federal Circuit allows our client to continue rightfully manufacturing notebook computers," said Canuso, who argued the appeal on behalf of Toshiba. "We are pleased that the trial court and the appellate court both agreed with our position and are very happy with the outcome."

Knobbe Martens represents clients in all areas of intellectual property law, including transactional and litigation practices. Clients include public and private companies worldwide at various stages of growth, from start-up to the Fortune 500. In 2008, Managing Intellectual Property magazine ranked the firm in the top tier for patent prosecution nationally and #1 for trademark prosecution in the West. Knobbe Martens also ranked #1 for growth in patent litigation and in the top 10 for number of patent litigation cases in a nationwide survey conducted by IP Law 360 in 2007. In addition, several members of the firm have been voted among the world's leading intellectual property lawyers. More information about the firm can be found at: knobbe.com

Contact: Heather Shearer (619) 293-3175