Calvin P.Griffith (Cal)

Partner

(T) + 1.216.586.7050

Cal Griffith is a nationally recognized trial lawyer whom clients turn to for their most important intellectual property cases. He has tried multiple patent cases and other commercial disputes to juries and to the bench. As lead trial lawyer in patent cases, Cal has won jury verdicts that total more than $3 billion and obtained numerous defense verdicts.

Cal's practice involves a wide range of technologies for companies such as AbbVie, Canon, Eaton, General Electric, Goodyear, Johnson & Johnson, Merck, and Procter & Gamble.

Cal's intellectual property litigation experience includes numerous cases involving patents, trade secrets, and copyrights. He has litigated cases in district courts throughout the United States as well as the U.S. International Trade Commission. He has won jury trials and summary judgments for plaintiffs and defendants. His patent cases have involved diverse technologies, including software and systems, computer hardware, semiconductors, medical devices, consumer products, and biotechnologies.

Cal also represents clients in inter partes review proceedings at the USPTO. In addition to intellectual property matters, he has litigated in the areas of antitrust, unfair competition, and complex commercial litigation.

Experience

  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Canon wins Rule 36 affirmance of summary judgment and attorneys' fees in flash memory card patent caseJones Day once again successfully defended Canon Inc. and Canon U.S.A., Inc. against claims of patent infringement relating to flash memory card readers.
  • DePuy Orthopaedics defends against patent infringement claims involving its flagship acetabular (hip) implant productJones Day represented DePuy Orthopaedics, Inc. in its defense against claims of patent infringement brought by Howmedica Osteonics Corp. and Stryker Ireland Ltd. ("Stryker") relating to the sale of its flagship acetabular (hip) implant product.
  • Procter & Gamble wins summary judgment of infringement and no invalidity in Tooth Whitening Strip patent disputeJones Day represented The Procter & Gamble Company in patent infringement litigation asserting three of P&G's patents relating to tooth whitening products and methods.
  • VasoNova secures settlement regarding trade secret and IP ownership dispute with founder of companyJones Day represented VasoNova and its parent company, Teleflex, Inc., in a trade secret, misappropriation, and IP ownership dispute with a founder of the company.
  • Celgene wins in district court case, invalidating patent asserted against its Thalomid® and Revlimid® brand cancer drugsJones Day successfully defended Celgene Corporation in a patent infringement case brought in the United States District Court for the District of Delaware by Andrulis Pharmaceuticals Corporation, which alleged that Celgene's THALOMID® and REVLIMID® brand cancer drugs infringed U.S. Patent No. 6,140,346 ("'346 patent").
  • Canon wins ITC decision of non-infringement of patent claims relating to flash memory card readersJones Day successfully defended Canon Inc. against claims of patent infringement relating to flash memory card readers.
  • AbbVie subsidiary asserts patent infringement claims under Hatch-Waxman Act related to AndroGel® against Perrigo and WatsonJones Day represented Unimed Pharmaceuticals, LLC, a subsidiary of AbbVie, Inc., in a consolidated Hatch-Waxman patent infringement action against Perrigo Company and Watson Laboratories, Inc., relating to the defendants' submission of Abbreviated New Drug Applications to the FDA seeking approval of generic versions of AndroGel® 1.62%, a widely-prescribed treatment for males with low testosterone levels.
  • DePuy Spine prevails in trade secret misappropriation action against former employeesOn July 12, 2012, the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, granted a request by DePuy Spine Sales Limited Partnership to preliminarily enjoin three former sales representatives from competing in their former sales territory and ordered the destruction of misappropriated trade secret materials retained by the former employees and their new employer.
  • DePuy Orthopaedics defends against allegations of breach of contract and patent infringementJones Day is defending Johnson & Johnson subsidiary DePuy Orthopaedics, Inc. against breach of contract and patent infringement allegations brought by Orthopaedic Hospital of Los Angeles.
  • Brasseler defends IP infringement and unfair competition claims by Medtronic involving powered surgical toolsJones Day represents Brasseler USA, Inc. in defending against claims of patent infringement, trademark infringement and unfair competition involving powered surgical tools.
  • DePuy Spine wins patent interference trial in D.C. District CourtJones Day successfully represented DePuy Spine, Inc. as lead trial counsel in a patent interference trial in the United States District Court for the District of Columbia.
  • Deckers defends against patent infringement claims involving women's footwearJones Day represents Deckers Outdoor Corporation in a design patent infringement suit involving women's crochet knit boots.
  • Martek Biosciences wins across-the-board victory in biotech dispute before five-judge Federal Circuit panelOn September 3, 2009, a rare five-judge panel of the U.S. Court of Appeals for the Federal Circuit issued an across-the-board appellate victory for Jones Day client Martek Biosciences Corp. in Martek Biosciences Corp. v. Nutrinova, Inc., Nos. 2008-1459 and 2008-1476.
  • DePuy Spine wins Federal Circuit affirmance of $149.1 million award, one of ten largest patent jury verdicts affirmed on appealOn June 1, 2009, the United States Court of Appeals for the Federal Circuit issued a decision affirming a $149.1 million patent damages award for Jones Day client DePuy Spine, Inc., (a Johnson & Johnson company) in DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., Nos. 2008-1240, 2008-1253 and 2008-1401.
  • DePuy Orthopaedics prevails in arbitration proceeding brought by surgeonJones Day represented defendant DePuy Orthopaedics, Inc. in an arbitration brought by a surgeon against DePuy.
  • DePuy Spine prevails in patent infringement dispute before arbitration panelJones Day represented Johnson & Johnson subsidiary, DePuy Spine, Inc. in an arbitration proceeding concerning allegations of patent infringement against certain spinal implant products sold by DePuy Spine.
  • ProBio and Univ. of Hawaii establish patent portfolio for novel animal cloning techniqueOn behalf of ProBio Incorporated, Jones Day prepared and prosecuted patent applications for a major new technique for animal cloning, production of transgenic animals, freeze-dried spermatozoa, and other nuclear transfer applications.
  • Procter & Gamble settles patent infringement action involving diaper fastening systemJones Day represented The Procter & Gamble Company successfully in a patent infringement action concerning a diaper fastening system.
  • IBM files U.S. Supreme Court amicus brief in case involving scope of patent-law doctrine of obviousnessOn behalf of International Business Machines Corporation (IBM), Jones Day prepared an amicus curiae brief for the U.S. Supreme Court in a case involving the scope of the patent-law doctrine of obviousness.
  • Molten Metal Equipment receives $8M award in patent infringement action involving molten metal pumpsJones Day represented plaintiff Molten Metal Equipment Innovations, Inc. in a patent infringement action regarding molten metal pumps.
  • Additional Publications

    • May 2017The District of Delaware Announces New Procedures for Assigning Civil Cases
    • March 2017Supreme Court Curbs Laches as a Defense in Patent Cases
    • June 2016Supreme Court Upends Law of Treble Damages in Patent Cases
    • May 2015Supreme Court Says Good-Faith Belief in Patent Invalidity No Defense to a Charge of Inducing Infringement
    • April 2015Claim Construction, Findings of Fact, and Indefiniteness in the Wake of Teva v. Sandoz
    • April 2015Federal Circuit Addresses Jurisdiction to Review Stay Orders in Covered Business Method Reviews
    • January 2015Supreme Court Alters Appellate Review of Patent Claim Construction
    • September 19, 2012US Litigation In The Wake Of The America Invents Act (English and Japanese)
    • June 2011ALERT: Fourteen Federal District Courts Selected for Pilot Project Designed to Enhance Patent Expertise
    • Winter 2008The Pitfalls of Failing to "Reasonably" Compensate Employee Inventors in Japan - IP Perspectives

    Speaking Engagements

    • September 20, 2012AIPPI Seminar
    • September 24, 1998Stark II Proposed Regulations, Healthcare Financial Management Association, Western Michigan Chapter
    • November 1-3, 1995Physician Recruitment: The New Rules, 21st Annual Tax Issues in Nonprofit Health Care Organizations Seminar, National Health Lawyers Association
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