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   3Russell E. LevineChicago(312) 862-2466russell.levine@kirkland.comrussell.levine@kirkland.comKirkland & Ellis LLPwww.kirkland.comwww.kirkland.comlevinerussell.jpg Intellectual Property LawPatent LawPatent Infringement LitigationPatent Licensing
Russell E. Levinerussell.levine@kirkland.com
Kirkland & Ellis LLPhttp://www.kirkland.com
300 N LaSalle St
Chicago IL 60654
Ph.(312) 862-2466 Fx.(312) 862-2200
Recommended by peers in:    Extensive Experience in:
Intellectual Property Law    Patent Infringement Litigation
Patent Law    Patent Licensing
Advisory Board Member
County:  Cook
Litigator:  Yes

Practice Description:  
Russell is a partner in Kirkland's intellectual property group. Russell focuses his jury trial, bench trial and ADR practice on patent infringement matters and disputes involving and relating to patent license agreements. He has been lead counsel in actions across the country and in Section 337 proceedings before the International Trade Commission. His cases have resulted in numerous reported, precedential decisions. During his career, both as lead counsel and in conjunction with other K & E partners, Russell has litigated over 150 patents and has analyzed and counseled clients with respect to several hundred more.

Russell's appellate practice concentrates on appeals in the Court of Appeals for the Federal Circuit. He recently obtained Federal Circuit affirmance of a District Court decision dismissing a case filed against his client. He also recently obtained a 7th Circuit affirmance of a District Court decision dismissing a case brought against his client.

Russell's licensing practice has been active throughout his career in numerous bar associations. He currently serves as an LES International Delegate and as Co-Chair of the LESI Patent and Technology Committee. He is a past chairman of the Young Lawyers Committee of the AIPLA, and a past chairman of the LES Litigation Committee.

Russell also has been active throughout his career in civic, charitable and industry organizations. He currently is a member of the President's Council of Chicago's Museum of Science and Industry and Chairman of its Membership Committee. He also serves on the Editorial Board of the "Managing Intellectual Property" monthly publication.

Russell was recently inducted into the International Directory of Distinguished Leadership Hall of Fame for his contributions to the field of Intellectual Property. He also for several years running has been recommended by his peers in a statewide survey by Leading Lawyers to be among the Top Lawyers in Illinois in Intellectual Property.

Russell serves on numerous internal K & E committees, including Non-Share Partner Review, Chicago Office Operations, and New Client Screening.

Russell also has developed and/or conducted several internal training programs for Kirkland associates including:
The Fundamentals of Client Service;

The Kirkland Institute of Patent Infringement Litigation; and

Taking and Defending Depositions


Notable Cases and Results:  
Russell's recent litigation successes include:
winning a Federal Circuit appeal on behalf of Motorola in a design patent case;

winning a 7th Circuit appeal on behalf of Motorola in a breach of contract case;

obtaining a jury verdict upholding the validity of the two patents in suit;

obtaining a judgment invalidating the patent his client was accused of infringing;

obtaining $5 million for Motorola and others in settlement of a biotechnology patent case;

obtaining a stay of a patent infringement suit against Motorola in favor of a PTO interference involving the patent in suit. See 57 USPQ2d 1662;

winning on two separate occasions, motions to dismiss first-filed declaratory judgment patent actions, first for Fort James (See 1999 U.S. Dist. LEXIS 18586) and then for an oilfield services company;

numerous "Markman" victories on behalf of various clients from both patentee's and alleged infringer's perspectives, including winning 6 out of 7 Markman decisions in a multi-patent case for Motorola.

Representative Matters
Russell has represented Fort James Corporation for many years and on numerous matters. For example, he represented Fort James in a case involving patents for paper plates and processes for making paper plates. In the course of that action, he defeated five motions for summary judgment. See 915 F. Supp. 968 (1/5/96) and 43 USPQ2d 1422 (4/30/97). He also represented Fort James as an intervenor-defendant in a case challenging PTO action with respect to two Fort James patents. Russell successfully moved to dismiss the action for lack of subject matter jurisdiction. See 42 USPQ2d 1134. Russell currently is representing Fort James in post-trial issues in a multi-patent infringement suit in which the jury upheld the validity of the two Fort James' patents in suit.

Russell also has represented and continues to represent Motorola in a variety of patent infringement matters. He was a member of the trial team that obtained the first TEO ever granted by the ITC under the 1988 revisions to Section 337 for infringement of several patents relating to cellular phones. He also was a member of the trial team that obtained a preliminary injunction on behalf of Motorola. See 21 USPQ2d 1573. Russell recently led the team that obtained $5 million for Motorola and others in settlement of a biotechnology patent case. Read more about the case in the San Diego Daily Transcript article, Nanogen Pays $5 Million To Settle Patent Lawsuit.

Russell also has worked, and continues to work, on a variety of patent matters for BP. He was a member of the trial team that defeated a claim for over $700 million in damages. See 915 F.Supp. 1333. He also defeated a motion for preliminary injunction in a patent case filed against an Amoco subsidiary leading to a favorable business resolution.

Russell also has represented and continues to represent a major chemical company, a Fortune 500 semiconductor company and numerous other small and large entities. These matters involve a broad array of patented technology such as memory chips, chemical additives, oil refining by-product process technology, household kitchen utensils and office products.


Bar Admissions:  
1986, Illinois
1986, Registered to practice before the United States Patent and Trademark Office
1992, New York
2005, District of Columbia
1991, United States Supreme Court
1991, Seventh Circuit Court of Appeals
1991, Federal Circuit
1987, United States District Court for the Northern District of Illinois
1992, United States District Court for the Northern District of Illinois, Trial Bar
1995, United States District Court for the Eastern District of Michigan
1995, United States District Court for the Eastern District of Wisconsin


Year of Birth:  1960

Law School:  University of Chicago, J.D., 1986
Undergraduate School:  College of Engineering, University of Michigan, B.S., Interdisciplinary Engineering, 1982 - 1982 Outstanding Engineer Award in Interdisciplinary Engineering; College of Literature, Science and the Arts, University of Michigan, B.S., Economics, 1982

Bar/Professional Association Involvement:  
Member, Licensing Executives Society
Co-Chair of LESI Patent and Technology Licensing Committee

Member, AIPLA

Member, International Trade Commission Trial Lawyers Association

Member, Federal Circuit Bar Association

Member, American Bar Association

Recommended by my peers in a statewide survey by Leading Lawyers to be among the Top Lawyers in Illinois in Intellectual Property (2004 - 2006)

Inducted into the International Directory of Distinguished Leadership Hall of Fame for outstanding contributions to the field of Intellectual Property (2001)

Life Member of National Registry of Who's Who (2001)

Included in the Tenth Edition of the International Directory of Distinguished Leadership by the American Biographical Institute, Inc. (2000)

Listed in the International Who's Who of Professionals (1996)

Chosen as a Leading American Attorney

Elected by IICLE to be a teacher of Patent Law in its Twenty First Century Master Teacher Project.


Published Legal Writing:  
Russell also has written several articles that have been published:
Levine, R.E., "The Benefits of Using the ITC," Managing Intellectual Property, September 2004.

Levine, R.E.; and Coughlan, J., "United States Intellectual Property Litigation and the ITC," IP Value 2004, Building and Enforcing Property Value, An International Guide for the Boardroom , published by PricewaterhouseCoopers.

Levine, R.E., Leach, G.A., and Collier, P.D., "Established Royalties," Patent World, May 2002.

Levine, R.E., Alexander, J. I. and Devitt, W., "Ex Parte Patent Practice and the Rights of Third Parties," 45 American University Law Review 1987.

Krupka, R. G., Swain, P. C. and Levine, R. E., "Section 337 and the GATT: The Problem or the Solution?," 42 American University Law Review 779.

Kirchhoefer, G. and Levine, R. E., "Legal Protection for Computer Software," Proceedings of the SAE/ESD International Computer Graphics Conference, April 7-9, 1987, SAE Paper No. 870916.


Legal Lectures:  
For the past 14 years, Russell has taught "Patent Trademark and Copyright Law for Engineers." This course is sponsored by the Society of Automotive Engineers and held 1-2 times per year at the SAE Professional Education Training Center in Troy, Michigan.

Russell also is a frequent speaker, lecturer and workshop leader. Recent speeches include:
"Top 10 Court Decisions of 2005 Affecting Licensing," Workshop at LES Annual Meeting, Phoenix, AZ. October 17, 2005.

Moderator, "Titans of the Judiciary," Judges Panel at LES Annual Meeting, Phoenix, AZ. October 18, 2005.

"Patent Pre-Trial Matters," Practical Tips on Intellectual Property Law, ABA Section of Intellectual Property Law, Arlington, VA. April 13, 2005.

"Controlling Costs in IP Litigation," Law Education Institute, National CLE Conference, Aspen, CO. January 4, 2005.

"Top 10 Court Decisions of 2004 Affecting Licensing," Workshop at LES Annual Meeting, Boston, MA. October 18, 2004.

"Ethical Issues in IP Litigation," IPO Annual Meeting, Boston, MA. September 14, 2004.

"Recent Changes in ITC Practice," The John Marshall Law School, Center for Intellectual Property Law, 48th Annual Conference on Developments in Intellectual Property Law. February 27, 2004.

"Boilerplate Provisions: Are They Worth Fighting Over," Presentation at LES Winter Meeting, San Francisco, CA. February 13, 2004.

"Top 10 Court Decisions of 2003 Affecting Licensing," Workshop at LES Annual Meeting, San Diego, CA. September 24, 2003.

"We Want Your Expert Opinion," Workshop at LES Annual Meeting, San Diego, CA. September 23, 2003.

Participant in the "Practical Tips Seminar" at The John Marshall Law School, Chicago, IL. September 19, 2003.

"Top 10 Court Decisions of 2002 Affecting Licensing," Workshop at LES Annual Meeting, San Diego, CA. September 23, 2002.

"Partnering to Gain Efficiencies and Reduce Costs," Participant in Martindale-Hubbell's Counsel to Counsel Forum, Chicago, IL. April 17, 2002.

"Conducting a Pre-Licensing/Pre-Litigation Investigation of a Patent Infringement Claim," Workshop at LES Annual Meeting, Palm Desert, CA. October 30, 2001.

"Controlling Costs in Patent Infringement Litigation," Workshop at LES Annual Meeting, Miami, FL. October 26, 1998.

"Recently Enacted Laws and Pending Legislation Affecting Licensing," LES Annual Meeting, Miami, FL. October 26, 1998.

"License Agreements, Offers to License and Related Documents: What's Discoverable and What's Admissible," Workshop at LES Annual Meeting, San Diego, CA. November 5, 1997.

"Established Royalties: When Are They Reasonable," LES Annual Meeting, Orlando, FL. October 24, 1995.

"Patent Infringement Actions before the ITC," PLI Program. November 1994.

"The Impact of the New Rules of Civil Procedure in Patent Litigation," Denver, Colorado. February 1994.

"Trademark Litigation Before the ITC," Presentation at the Fourth Annual Intellectual Property Litigation Series entitled Enforcing and Litigating Patents and Trademarks, Boston, Massachusetts, September 24, 1991.

In addition, Russell has been asked to act as counsel in various educational programs, including:
Counsel in a mock jury trial at the ABA Summer IPL Conference, Seattle Washington. June 29, 2001.

Counsel in a Patent Jury Trial Demonstration Program. Add-on at LES Annual Meeting, Maui, Hawaii. October 20, 1994.


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