Robert W.Kantner (Bob)

Experience

The following represents experience prior to joining Jones Day:

Antitrust — Intellectual Property

In a jury trial in Alcatel USA, Inc. v. DGI Technologies, Inc., successfully prosecuted claims by Alcatel USA for copyright infringement, misappropriation of trade secrets, and unfair competition related to the logic design of microprocessor and other circuit boards and software for long distance telephone switches and successfully defended monopolization, tying, and other antitrust claims based on an alleged "after market" for such products.

Defended Alcatel against allegations by Foundry Networks that it had committed fraud in connection with its prosecution of patent applications while Alcatel was a member of an industry standard-setting body and was attempting to use the issued patents to monopolize a relevant market.

In Transit America v. Trinity Industries, obtained summary judgment on Transit America's patent claims and a favorable settlement for Trinity Industries on its antitrust counterclaim for monopolization.

Commercial

In a three-month long jury trial in state district court in Houston, Texas, successfully defended KPMG against fraud and other claims for which plaintiffs sought $47 million in actual damages.

Successfully defended a motion for class certification in case brought against TruServ Corporation.

Represented AMT International in a contract dispute with BP Chemical that was settled.

Handled claims for purchase price adjustments based on breaches of representations and warranties in an acquisition agreement

Copyright

Represented DSC Communications Corporation (later acquired by Alcatel) in a case tried in the United States District Court for the Northern District of Texas in which DSC Communications Corporation brought claims against DGT Technologies, Inc. for infringement of copyrights on software, trade secret misappropriation and unfair competition.

Represented Live Nation Motor Sports, Inc. in a case involving copyright infringement claims relating to webcasts – the case being filed in the United States District Court for the Northern District of Texas.

Represented Hansen Information Technology in a copyright case involving municipal infrastructure data management software filed against Azteca Systems, Inc. in the United States District Court for the Northern District of Texas.

Handled copyright cases involving copyrights on software, including: firmware, operating system software, and application software in telecommunications equipment; municipal infrastructure maintenance software; check processing software; and back office administrative software for financial institutions.

Counseled clients on the development of software without violating the intellectual property rights of others, including provision of advice regarding the Digital Millenium Copyright Act.

Patent

Defended ACS Industries, Inc. in a patent case involving petro-chemical technologies filed in the United States District Court for the Southern District of Texas but arbitrated by agreement.  The arbitrators, who were experience patent lawyers, denied all of the plaintiff’s claims under three patents with one exception – two of three arbitrators decided that ACS Industries tray assemblies infringed one claim of one patent under the doctrine of equivalents.

Defended Syro, Inc. in a patent infringement case involving guardrails that was tried in the Eastern District of Texas.

Defended Raytheon in a jury trial involving claims for breach of the royalty provision of a Stock Purchase Agreement, a case involving claims that patents on vehicle tracking systems acquired thereunder covered Raytheon products.

Defended Sendon International, Inc. in a patent case tried in the Eastern District of Texas.

Defended NDE Environmental in a patent case involving environment test equipment for the oil and gas industry that was tried in the Western District of Louisiana.

Defended Antac Corporation in a patent case tried in the Northern District of Texas.

Defended patent cases for ACI Worldwide, Amazon.com, Cerro Wire, Edgewater Networks, Efficient Networks, Garrettcom, Moe's LLC, Sanden Corporation, Schlotzsky's LLC, Shera International, Southwest Airlines, Sybase, Syro, WAY Systems, and other companies in the Eastern, Northern, Southern, and Western Districts of Texas and in the District of Delaware, the Northern District of California, and the Western Districts of Arkansas and Louisiana.

Has also represented plaintiffs in patent cases, including two cases that Alcatel filed against Microsoft in the Eastern District of Texas.

Has tried seven patent cases to a jury verdict — prevailed outright in four of those cases and in two of the other cases, plaintiffs were awarded less than 25 percent of the damages they sought and the jury did not find willful infringement.

Trade Secrets

Represented DSC Communications, which sued Next Level Communications and Thomas Eames and Peter Keeler, two executives who left DSC and started Next Level, for misappropriation of trade secrets relating to hardware and software architectures for switched digital video technology, usurpation of corporate opportunity, and breach of employment agreements and obtained a jury verdict in favor of DSC for damages of $369 million.

In Koch-Glitsch, Inc. v. AMT International, Inc., successfully defended six former employees of Glitsch, Inc., who left that company when Koch Engineering Company acquired it, against claims for misappropriation of trade secrets relating to tray assemblies for distillation towers in petrochemical plants in China, Korea, Taiwan, and other Asian countries.

Represented Andersen Consulting in a trade secret case against a former partner and obtained a seizure order.

Represented Noble Drilling in a trade secret matter.

Trademark

Represented the owners of prominent trademarks such as TruServ Corporation, the owner of True Value® and related marks, Oneida Corporation, Academy Sports Academy, and Haggar Clothing Company.

In Quick Technologies, Inc. v. Sage, defended plaintiff's claim for $236 million for damages (in the form of defendants' profits) for trademark infringement in a three-week jury trial — the district court awarded injunctive relief, but no damages.

Tried seven trade secret cases to a jury verdict - prevailed in all seven cases.