Sean M. McEldowney

In re Certain Lithium Metal Oxide Cathode Materials (ITC). Represented BASF and Argonne National Laboratory in a Section 337 patent infringement suit alleging that BASF’s competitor, Umicore, infringed two patents related to materials used in lithium-ion batteries. After a full trial in front of an administrative law judge, obtained a favorable initial determination that was upheld by the full Commission, resulting in a limited exclusion order banning Umicore’s importation of the products at issue. Kirkland also successfully fended off Inter Partes Review petitions seeking to invalidate BASF and Argonne’s patents at the U.S. Patent Office.  

Carrier Corp. v. Goodman Global, Inc., et al. (D. Del). Represented Carrier in assertion of Carrier’s patent related to HVAC control technology against competitor Goodman Manufacturing. Obtained favorable claim construction and summary judgment orders. After five-day jury trial, the jury returned a finding in favor of Carrier on all issues, including findings of direct infringement, induced infringement, and validity for all asserted claims. Kirkland subsequently prevailed in an inter partes reexamination confirming the validity of Carrier’s patent. 

Geographic Services, Inc. v. The Boeing Co. (Va. Cir. Ct.). Defended Boeing against trade secret misappropriation claims related to geographic information systems databases. After taking over the case just months before trial, our team won a motion to strike (akin to a motion for directed verdict) at the close of plaintiff’s case.

Peraton, Inc. v. Raytheon Co. (E.D. Va.). Defended Raytheon against trade secret misappropriation and breach of contract claims relating to proposals for a contract with a U.S. intelligence agency. Mid-way through discovery, Raytheon successfully added a breach of contract counterclaim against Peraton and defeated Peraton’s motion for summary judgment on that counterclaim. After Raytheon moved for summary judgment against Peraton’s claim on both liability and damages grounds, the case settled.

B. Braun Melsungen AG v. Terumo Medical (D. Del.). Represented B. Braun Melsungen AG in patent infringement action in federal district court in Delaware regarding medical device products. Obtained successful jury verdict of infringement and validity on our client’s patents, and obtained an injunction against future sales of the accused products.

Allergan Sales, LLC v. Sandoz Inc. (E.D. Tex. & Fed. Cir.). Representing Sandoz in an ANDA suit filed by Allergan on patents related to glaucoma medications. After a bench trial, the court entered a judgment of non-infringement in favor of Sandoz on two of the three asserted patents. On appeal, the Federal Circuit upheld the finding of non-infringement as to those two patents and reversed the district court’s finding of non-infringement as to the third patent, thus leading to an outright verdict of non-infringement.

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc. (D. Del.). Represented Siemens Medical in patent infringement suit where Siemens Medical asserted infringement of its patent related to lutetium-based scintillation crystals for use in detecting gamma rays. After trial, the jury returned a $50 M verdict for our client.

Arkema, Inc. v. Honeywell, Inc. (E.D. Pa.). Representing Honeywell in suit brought by Arkema seeking a declaration of invalidity and non-infringement on Honeywell’s patents related to refrigeration chemicals. Successfully briefed motion to stay the case until the conclusion of proceedings at the U.S. Patent Office.

Lucent Technologies Inc. v. Gateway, Inc. (S.D. Cal.). Represented Lucent Technologies in patent infringement suit where Lucent Technologies asserted patents related to audio compression technology. Part of the trial team winning large jury verdict on infringement and validity.

Lucent Technologies Inc. & Multimedia Patent Trust v. Microsoft. (S.D. Cal.). Represented Lucent Technologies and Multimedia Patent Trust in patent infringement suit where Lucent Technologies and Multimedia Patent Trust asserted patents related to various software and hardware applications. Part of the trial team winning large jury verdict on infringement and validity.

NeuroGrafix, et al. v. Siemens Medical Solutions USA, Inc., et al. (C.D. Cal.) Defended Siemens against patent infringement claims brought by inventor and patentee related to software and hardware components in magnetic resonance imaging scanners. Successfully briefed a motion to dismiss four of the five plaintiffs from the suit, which precluded plaintiffs from seeking lost profits. Obtained favorable settlement after briefing and arguing claim construction that invalidated many of the patent claims. 

Samsung Electronics Co., Ltd. v. ON Semiconductor (D. Del.). Represented Samsung Electronics Co. in patent infringement suit where Samsung asserted several patents related semiconductor technology and ON Semiconductor counterclaimed asserting several of its own patents related to semiconductor technology.

Pro Bono Cases at the Court of Appeals for Veterans Claims. Represented veterans in multiple appeals to the CAVC seeking Veterans Benefits.