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Learning ropes of technology takes Chu from toys to TiVo.


LITIGATION An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 related to computer software and hardware has become one of the most prominent parts of intellectual property law.

But it wasn't so long ago that a lack of real understanding of the technology and the issues--on the part of the public, attorneys and even the firms they were representing--had created a Wild West-style legal landscape.

Morgan Chu Morgan Chu (Chinese: 朱慶文; pinyin: Zhū Qìngwén) is an American lawyer from southern California. He is a Partner and Executive Committee Member of Irell & Manella LLP. From 1997 to 2003, Chu was Managing Partner of the firm.  of Irell & Manella LLP LLP - Lower Layer Protocol  is one of the top IP lawyers in L.A. But he was, by his own estimation, "very green and very wet behind the ears" when he got involved with a case involving Mattel Inc. and hand-held computers back in 1978. His firm didn't have a separate IP practice at that time and tried to run down the case.

"The senior lawyers in the firm told the client we didn't have any experience in patent work and that I really didn't know much about tech," Chu recalled. The client persisted, however. Mattel hired an additional patent lawyer and some tech consultants and offered the assistance of their own in-house patent department.

The reinforcements must have helped, because when the case went to trial, Chu's team won. "And that was our inauspicious in·aus·pi·cious  
adj.
Not favorable; not auspicious.



inaus·pi
 beginning," he said. Despite the win, Chu and the firm learned a lesson. The firm's IP practice has been marked by cautious growth. They do not attempt to keep pace with the demand for their services.

"We routinely turned away potential new clients, and work from existing clients, because we do not feel we can adequately take on the new work given the lawyers and assistants and staff we have," Chu said. Picking their spots enables the firm to claim some significant victories.

In 1986, Chu was involved in the nation's first software patent case, The client was Candle Corp., which had been accused of infringing on software patents in the large computer systems it installed for banks and insurance companies. The team led by Chu convinced the judge that plaintiff Boole & Babbage Inc. didn't have a valid patent.

"There was a time when software wasn't patentable," Chu said. Things have certainly changed. Now it's just a question of keeping up with the ever-increasing applications.

Chu said that with cell phones, laptops, PDAs, Blackberries and portable game devices, some people in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  carry as many as five devices with computer software. Even some cars, Chu points out, are like computers.

Chu is currently representing TiVo Inc., which is suing the satellite television firm Dish Network See DBS.  and its parent EchoStar Communications Corp. TiVo claims Dish is unlawfully employing its unique recording and playback software.

Chu said it's not just the increasing number of platforms, the amount of software to be patented and the added complexity of the work, but also the scope and number of parties involved in litigation that makes cases for law farms explode.

"Today it's quite common to have one or more plaintiffs and four, five, 10, even 20 defendants," Chu said. "It's common to have two companies fighting with litigation in three courts in the U.S. And it's common when there's enough at stake in the litigation to have it going on in one or more places in Europe while there's litigation going on in several cites in the U.S. and several cities in Asia."

Chu, the son of Chinese immigrants, favors a bow tie as part of his work attire these days. He said that he appreciates his firm's corporate culture, which celebrates creativity and smarts, and the fact that it looks for more than technological expertise in its IP attorneys.

"It's more important that they be creative, energetic ... and darn good lawyers."

IRELL & MANELLA LLP

L.A. Lawyers: 171

L.A. IP Lawyers: 90

High Flyers: Morgan Chu, Partner, IP, litigation and high tech; Perry M. Goldberg, partner, IP and litigation; Richard B. Kendall, partner, IP and entertainment litigation; Robert N. Klieger, partner, IP and entertainment litigation

Dean's List dean's list
n. pl. deans' lists
A list of students in a high school, college, or university who have attained high academic rank.
 for Software

Robert G. Krupka

Partner, Intellectual Property

Kirkland & Ellis LLP

L.A. Lawyers: 115

L.A. IP Lawyers: 25

Clients: Motorola Inc., Honeywell, WMS Gaming WMS Gaming, Inc. is a subsidiary of WMS Industries, Inc, which manufactures casino slot machines. The company is credited with the introduction of 5 reel video slot machines to the world-wide market, and WMS Gaming is also well known for their manufacture of pinball machines.  Inc., General Foods Corp.

Good to Know: The firm has taken 60 cases to judgment and 12 to trial with only one loss. Krupka runs Kirkland's burgeoning IP practice in L.A. He has accumulated $1 billion in verdicts for his clients and settlements totaling $2.5 billion.

Honor Roll honor roll
n.
A list of names of people worthy of honor, especially:
a. A list of students who have earned high grades during a specified period.

b. A list of people who have served in the armed forces.
 for Software

Rick Richmond

Partner

Kirkland & Ellis LLP

Good Work: He was part of a trial team that won $560 million in compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.  for Dr. Gary Michelson against a Medtronic Inc subsidiary.

Good to Know: He works closely with Krupka but avoids the limelight.

Mark Scarsi

Partner, Intellectual Property & Technology

O'Melveny & Myers LLP

Casework case·work  
n.
Social work devoted to the needs of individual clients or cases.



casework
: Represents Apple inc. in its multidistrict litigation A procedure provided by federal statute (28 U.S.C.A. § 1407) that permits civil lawsuits with at least one common (and often intricate) Question of Fact that have been pending in different federal district courts to be transferred and consolidated for pretrial proceedings  of the JPEG JPEG
 in full Joint Photographic Experts Group

Standard computer file format for storing graphic images in a compressed form for general use. JPEG images are compressed using a mathematical algorithm.
 standard. He also represents Lockheed Martin in patent litigation involving attitude control of satellites.

Need to Know: Former Navy man and software engineer

Evan Finkel

Partner, Intellectual Property

Pillsbury Winthrop Shaw Pittman Pillsbury Winthrop Shaw Pittman LLP is an international, full-service law firm with strengths in the energy, financial services, real estate and technology sectors and offices located throughout the United States and the world, including key financial centers such as New York,  LLP

L.A. Lawyers: 80

L.A. IP Lawyers: 17

Specialty: Unfair competition and computer law focusing on hardware, software, peripherals, computer-implemented business methods

Kent Goss

Partner, Intellectual Property

Pillsbury Winthrop Shaw Pittman LLP

Specialty: Right of publicity, software copyright infringement

Kevin G. McBride

Partner

Jones Day

L.A. Lawyers: 130

L.A. IP Lawyers: 30

Clients: Hughes Electronics Corp., Honda Motor Corp., DirectV, Motorola
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Article Details
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Title Annotation:Morgan Chu
Comment:Learning ropes of technology takes Chu from toys to TiVo.(Morgan Chu)
Author:York, Emily Bryson
Publication:Los Angeles Business Journal
Geographic Code:1USA
Date:Mar 13, 2006
Words:888
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