Emmett J. McMahon
Experience
- Practice focuses on commercial litigation with emphasis in the area of intellectual property. Has handled patent, trademark, false advertising, securities and class action disputes for plaintiffs and defendants.
Selected Results*
Grantley Patent Holdings, Inc. v. Clear Channel Communications, Inc.: A patent infringement case in which a federal jury in the Eastern District of Texas awarded Grantley Corporation $66 million. The jury found that Clear Channel Communications, Inc. infringed on four of Grantley Corporation's patents related to an integrated inventory management system for radio advertising time. The jury also found that the infringement was willful. The verdict was announced on April 22, 2008. On June 11, 2008, the court enhanced the damages by more than $16.5 million, awarded prejudgment interest and entered judgment totaling more than $89 million. The case settled while on appeal under confidential terms.
Trial and appellate counsel for Best Buy in RealSource, Inc. v. Best Buy Co., et al. involving patent claims asserted in U.S. District Court in Austin, Texas. The plaintiff alleged Best Buy's gift cards infringed its patent, and sought more than $32 million in damages. Summary judgment was granted. The judgment was affirmed by the Federal Circuit on June 23, 2008.
Obtained dismissal of all claims in Prometheus Laboratories, Inc., et al. v. Quest Diagnostics, Inc., U.S. District Court, San Diego, California. Patent case involving DNA.
Trial counsel for plaintiff in Manufacturing Administration and Management Systems, Inc. v. Davox Corporation, et al. involving patent claims tried in the U.S. District Court in Boston. Patented technology involved software programs interfacing telephone switches and computers. Case settled during trial after a finding of infringement under the doctrine of equivalents.
Trial and appellate counsel for defendants in Luigino’s, Inc. v. Robert Peterson and IBP Inc. Plaintiff asserted a variety of claims for unfair competition, misappropriation of trade secrets and breaches of a confidentiality agreement. Plaintiff sought $500 million and a shut-down of an entire line of food products. Obtained summary judgment disposing of all claims. Affirmed at 317 F. 3d 909 (8th Cir. 2003).
Represented Carlson Marketing Group, Inc. in multiple suits involving patents for filtered and non-filtered processing of data on stored value cards and gift cards. Assisted the company in reaching various licenses to position itself favorably in the market.
Represented Carlson Companies, Inc. in the certified national class action Lofton v. Bank of America, FIA Card Services, N.A., Carlson Companies, Inc., et al, in the United States District Court for the Northern District of California, San Francisco Division, in which the class representative alleged various unfair and deceptive trade practices. Reached a Court approved settlement in 2009.
Carlson Marketing Group, Inc. v. SME Associates, et al. Trial counsel for the plaintiff in obtaining a TRO shutting down a line of business based upon alleged misappropriation of trade secrets involving an Olympic hospitality business for the 2004 Summer Games in Athens. Case settled thereafter.
The Toro Company v. Outboard Marine Corporation: Represented plaintiff Toro in an action for fraud and breach of warranties involving Toro’s acquisition of Lawn Boy. Obtained confidential settlement for Toro.
Memberships
- American Bar Association (Antitrust Law Section)
- Hennepin County Bar Association
- Minnesota Intellectual Property Law Association
- Minnesota State Bar Association
- Missouri Bar Association
Civic Associations
- Board of Directors, Children's Heartlink
Bar Admissions
- Minnesota
- Missouri
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Minnesota
- U.S. District Court, North Dakota
- U.S. District Court, Western District of Missouri
Education
- University of Nebraska College of Law, J.D. (1981), Member of the Board of Editors, Nebraska Law Review
- University of Nebraska at Lincoln, B.S.
Selected Speeches
- Frequent speaker at Minnesota Institute of Legal Education seminars on Intellectual Property matters.