Concentration

Patent litigation and prosecution

Summary

Elizabeth Flannery works on a range of intellectual property matters, focusing primarily on patent litigation in a variety of industries. Ms. Flannery has represented clients in disputes involving a variety of technologies that include medical devices, oilfield equipment and consumer appliances, such as refrigerators and plasma displays. Ms. Flannery also has experience in preparing patent opinions, and in preparing and prosecuting patent applications, primarily for inventions in the chemical and energy industries.

Representative Engagements

• LG Electronics, Inc. v. Whirlpool (District Court of Delaware) – Represented Whirlpool and its subsidiary Maytag in a patent infringement action involving refrigerator storage and dispensing systems. At trial in March of 2010, Whirlpool obtained a favorable jury verdict on both its key patent and on the one patent LG pursued at trial. This case is in the post-trial phase.
• LG Electronics, Inc. v. Whirlpool Corp. (District Court of New Jersey) - Baker Botts is defending Whirlpool in a four patent case brought by LG Electronics. The patents relate to ice and water delivery systems for refrigerators/freezers. The case is in its early stages with no trial date set. Argued Markman hearing.
• In re Certain Refrigerators and Components thereof (USITC) – Baker Botts represents Whirlpool Corp. in the International Trade Commission in a case involving indoor ice making systems for refrigerators, which involved a five-day hearing that was conducted before an Administrative Law Judge in December of 2008.
• Kinetic Concepts, Inc., et al. v. Bluesky Medical Corp., et al. (Western District of Texas) – Baker Botts successfully obtained a verdict in July of 2006 from a San Antonio jury that its clients Medela, Inc., and its Swiss parent, Medela AG, were not liable for patent infringement or unfair competition in a case concerning KCI's V.A.C. (vacuum-assisted closure) wound treatment technology. Final judgment was entered in our client's favor in early 2007, and was affirmed on appeal.
• Kinetic Concepts, Inc. (KCI) v. Medela AG, et al. (Eastern District of Texas) – Baker Botts represents Medela in a second patent infringement action brought by KCI involving wound healing patents. A motion to transfer to the Western District of Texas was granted, and the case is now pending in the Western District of Texas.  
• Halliburton Energy Services, Inc.
  • drafting and prosecution of patent applications relating to drilling, well stimulation, and cementing technologies
  • advice regarding risk management issues and freedom to operate
  • evaluation of patent portfolios relating to drilling and well stimulation technologies
  • representation in patent litigation in federal district court for the Northern District of Texas relating to downhole plug technologies 
• PGI International, Ltd. v. Anderson, Greenwood & Co. (Western District of Texas) – Baker Botts represented plaintiff PGI in a patent infringement case involving stabilized connectors for instrument manifolds for pipelines; case settled after the Markman hearing on favorable terms
• Major pharmaceutical company – analysis and preparation of opinion regarding patents directed to blood processing systems

Publications, Speeches and Presentations

• "Holding Patents Hostage? The Need for HIV/AIDS Drugs in Poor Countries Threatens the Health of International Patent Protection," Les Nouvelles, June 2006