http://www.duanemorris.com/news/static/IPlawbull111105.pdf

But the firm isn’t myopically focused on litigation, Jameson

insists. The IP group’s roots are in patent prosecution, and the prosecution

practice remains vital to the group.

“I don’t think it’s a good idea for a large firm such as ours to

focus exclusively on IP litigation,” says Jameson. “Our prosecution

work complements our litigation work, and vice versa.”

Case in point: Partner Stephan P. Gribok drafted and prosecuted

the patent involved in Markman v. Westview Instruments, and supported

appeals up to U.S. Supreme Court in what went on to

become a watershed patent infringement case.

The case resulted in decisions of the Federal Circuit and the

Supreme Court establishing that interpretation of patent claims is

a question of law to be decided by a judge rather than by a jury, in

what have become known as "Markman" hearings. According to

one study, since Markman I, the percentage of patent infringement

cases decided on summary judgment has doubled from 12% to 24%.

As a result of the decision, the claim construction process has

become a critical step in most patent infringement cases, one in

which the evidence to be presented and the timing of the hearing

are of paramount importance.

Looking ahead, Jameson says the firm plans to continue to

grow its IP group and to add more lawyers in the near future.

“We’re looking for more lawyers who share the entrepreneurial,

growth-minded agenda of our chairman, our group, and the

firm,” Jameson says. “It’s self-evident that our way of doing things

is catching on with the best IP lawyers out there, and we’re going

to keep grabbing them up.”