| dave
berten | rhett dennerline | greg
smith |
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Rhett R. Dennerline
Competition Law Group, Partner (1999-present)
Bartlit Beck Herman Palenchar & Scott, Partner (1993-99)
Kirkland & Ellis, Associate (1990-93)
Lord, Bissell & Brook, Associate (1989-90)
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Indiana University School of Law, J.D., magna cum
laude
Order of the Coif
Managing Editor, Indiana Law Journal
Law School Fellowship recipient
Purdue University School of Aeronautical and Astronautical
Engineering, B.S. with Highest Distinction (Dynamics and Control
Systems)
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Member of Northern District of Illinois Trial Bar
Extensive trial experience (over 75 days), including jury
trials.
Trial experience includes patents, trademarks, contracts,
securities, immigration, employment, products liability, Lanham
Act, unfair competition and fraud.
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Extensive experience in all aspects of intellectual property
litigation.
Directed and participated in all aspects of patent and trademark
litigation, including pre-suit investigation, preliminary
injunctions, discovery, motion practice, Markman
hearings, trials, Federal Circuit appeals, and coordination
of litigation with patent prosecution.
Advised clients on patents involving hand-held electronic
devices, software, hardware, chemical processes, chemical
compositions, optics, fax machines, vehicle navigation, and
plastics.
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Member of the Bar of the United States Patent
and Trademark Office (Registration No. 40,587)
United States Courts of Appeals for the Federal and Seventh
Circuits
United States District Courts for the Northern District of Illinois
and District of Arizona
Supreme Court of Illinois |
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Intellectual Property Trials and Litigation |
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Beneficial
Franchise Co. v. Bank One, N.A. et al (N.D. Ill. 2000-01)
Ongoing representation of Bank One in defense of patent infringement
action relating to electronic tax returns. |
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Weber-Stephens
Products, Co. v. Armitage Hardware (N.D. Ill. 2000) (Parallel
administrative proceeding before the World Intellectual Property
Organization D-00-1087)
Represented Armitage Hardware. Secured first ruling curbing
the jurisdiction of the Internet Corporation for Assigned Names
and Numbers, Inc. (ICANN) in a domain name dispute involving
the domain "webergrills.com" (National
Law Journal article). Weber-Stephens represented by Baker
& McKenzie. Defeated effort to transfer domain name to trademark
holder. (WIPO
decision) Federal action dismissed with prejudice. |
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Finnsugar
Bioproducts, Inc. v. Amalgamated Research, Inc. and Amalgamated
Sugar Co., LLP (N.D. Ill. 1997-2001)
Represent defendants in a patent infringement action brought
by Finnish subsidiary that is the alleged exclusive licensee
of process patents for processing sugar beets into sugar. Two
of three patents dismissed with prejudice. Last patent held
to violate the "on sale" bar provision of the Patent
Act.
Counterclaims of defendants pending. |
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Finnsugar
Bioproducts, Inc. v. Monitor Sugar Co. (E.D. Mich. 2000-01)
Ongoing representation of Monitor Sugar Company in defense of
patent infringement and Lanham Act action regarding the recovery
of sugar from beet molasses. |
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Maesers v.
UPS, Inc. (D. Ariz. 1995-98)
Represented UPS, Inc. in a patent infringement action brought
by alleged inventors of a portable terminal device. Plaintiffs
alleged more than $250 million in damages. Case dismissed on
summary judgment in favor of UPS, Inc. Patent claims found not
infringed and declared invalid. |
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United Technologies
Corp. v. Chromalloy Gas Turbine Corp. (D. Del. 1995-2000)
Represented United Technologies Corporation in breach of contract,
trade secret and patent infringement action against Chromalloy
Gas Turbine Corporation. Action involves high temperature metallic
and ceramic coating technologies and advanced designs of jet
aircraft engines. Tried two bench trials. Successful reversal
of all issues appealed to the Federal Circuit. Opposing counterclaims
dismissed with prejudice. |
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Chromalloy
Gas Turbine Corp. v. United Technologies Corp. (Bexar
Co., Tex. 1995-96)
Represented United Technologies Corporation in antitrust, breach
of contract, and trade secret action in Texas state court. Defense
verdict in favor of United Technologies with no damages or injunction
awarded to plaintiff. |
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United Technologies
v. Heico Corporation and Jet Avionics (D. Fla. 1993-99)
Represented United Technologies in a patent infringement and
trade secret action involving composition of matter of reactive
metal thermal barrier coatings, and misappropriation of specifications
and blueprints for aircraft gas turbine engine combustion chambers
and components. |
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Mobil v.
Amoco (D. Del. 1993)
Defended Amoco in damages phase of $300M patent infringement
action. Case involved method and composition patents covering
the manufacture and use of catalytic zeolite material in the
refining of PTA, in turn used to manufacture polymer fibers.
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Alexander
Binzel Corporation v. NuTecsys and Karl Binzel (N.D.
Ill. 1991-2000)
Defended tradedress and trademark action brought against former
president of plaintiff and manufacturer of MIG welders and welding
handles. Successfully defended preliminary injunction action,
and forced arbitration of dispute under plaintiff's termination
contract in Germany. |
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Reebok Pump
Patent Enforcement
Represented Reebok in litigation program to cease infringing
sale and use of its patented pump shoe technology. Successfully
ceased infringement of certain major sellers and foreign manufacturers
of infringing shoes. |
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Kaiser Aluminum v. Phosphate Engineering
and Construction (M.D. Fla. 1995-97)
Represented PECO in breach of contract action involving inventive
process for using a toxic waste product, Fluosilicic Acid
(FSA), as a means for eliminating the waste and creating useful
phosphoric acid and hydrogen fluoride.
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Blue Cross/Blue
Shield of Illinois v. Valmont
Represented Blue Cross in successful Section 43(1) false advertising
action stopping competing health insurer's unfair advertising.
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The Chicago Sun-Times
Counsel to newspaper publisher on issues of copyright and trademark
infringement relating to marketing techniques. Provided infringement
opinions and represented client in PTO to register new marks.
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Law and Economics
Consulting Group
Counsel to LECG on issues of trademark, registration and marketing
techniques. Provided infringement opinions and represented client
in PTO to register new marks. |
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Additional Commercial Trials
and Litigation |
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New Heights
Recovery & Power, LLC v. ComEd (Cook Co., Ill. 2000-01)
Represent New Heights in an action for damages from Commonwealth
Edison relating to the purported repeal of a utility statute.
Case involves tens of millions in damages. |
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Wagner v.
NL Industries (Penn. Sup. Ct. 1994)
Class action on behalf of 7,500 neighborhood residents seeking
several hundred million dollars in personal injury and property
damages due to emissions of lead from factory over a thirty-five
year period. Represented defendant NL Industries. Jury verdict
for NL on all issues following a ten-week trial. Named by The
National Law Journal as a Top 15 Defense Verdict of 1994. |
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MCI/Worldcom
v. O'Hara (N.D. Ill. 1997-99)
Represented former executive in breach of contract action for
alleged improper employee solicitation. Successfully dismissed
primary claim on summary judgment and subject contract held
unenforceable and void. |
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ARTRA v. D.P. Kelly &
Associates;
Elghainian v. D.P. Kelly & Associates
(N.D. Ill, N.Y. Sup. Ct., DuPage Co. Ill. 1993-98)
Represented D.P. Kelly in fraud actions brought by disgruntled
investors. Cases dismissed on summary judgment. Illinois case
affirmed on appeal by the Illinois Second District Appeals Court.
Petition to the Illinois Supreme Court denied. New York case
dismissed and affirmed on appeal. |
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Himco Superfund
Site (Ind. 1992)
Represented Miles, Inc. in negotiations with the U.S. Environmental
Protection Agency regarding compliance with RCRA and CRCLA (Superfund)
regulations with respect to landfill in Northern Indiana. |
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Fish v. Beech
Aircraft Corp., Pratt & Whitney Canada, et al. (Cal.
1992)
Represented Pratt & Whitney Canada in products liability action
relating to the crash of a Beech King Air F90 in Ruidoso, New
Mexico. Case centered on operating power of engine at time of
crash, single-engine manuevering ability of aircraft, weather,
and pilot error. Case settled favorably as to Pratt & Whitney
day before trial. Defense verdict at trial. |
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Conquest
Airlines v. Pratt & Whitney Canada and Hamilton Standard
Division of United Technologies (McAllen, Tex. 1992-93)
Represented Hamilton Standard in alleged $100 million product
liability and breach of warranty action relating to reliability,
maintenance and in flight shut down history brought by south
Texas commuter airline operator. Alleged loss of fleet flight
readiness due to failures, causing loss of profits. Case settled
favorably as to Pratt & Whitney before trial. |
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Doe et al.
v. Learjet Corp. (Ala. 1989-90)
Represented Learjet Corp. in product liability and wrongful
death action relating to crash of U.S. Air Force C-21A Learjet
on training flight in Montgomery, Alabama. Case centered on
aircraft low speed handling characteristics, pilot error, and
government contractor defense of design related to emergency
egress from aircraft. |
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Bahri et
al. v. Learjet Corp. (NY 1989-90)
Represented Learjet Corp. in product liability action relating
to crash of Learjet Model 35 in Egypt desert involving eight
deaths. Case centered on structural integrity of T-tail horizontal
stabilizer, and function of shaker/pusher stall warning device,
and reconstruction of accident after eight year seclusion of
wreckage. |
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Learjet Cameroon
Incident (France 1989-90)
Represented Learjet Corp. in product liability action in French
courts relating to crash of Learjet Model 55 in Cameroon. Case
centered on dual piloting instrumentation, stall warning and
prevention system, and pilot error. |
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Other Matters Involving Trials
or Evidentiary Hearings |
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Nesbitt v.
American Drug Stores (N.D. Ill. 1998-2000)
Appointed by U.S. District Court Judge Elaine Bucklo to represent
indigent plaintiff in age discrimination case. Case favorably
settled after defeating motion for summary judgement and case
set for trial. |
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In re Matter
of Dritan Hyseni (1997)
Defended ethnic Albanian from Kosovo region of Yugoslavia in
asylum and witholding of deportation action. Trial won. Withholding
of deportation and asylum granted to client. |
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