Emmett J. McMahon
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza, 800 LaSalle Avenue
Minneapolis, MN 55402
612-339-4181 (firm fax)
- 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.
- 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.
- American Bar Association (Antitrust Law Section)
- Hennepin County Bar Association
- Minnesota Intellectual Property Law Association
- Minnesota State Bar Association
- Missouri Bar Association
- Board of Directors, Children's Heartlink
- 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
- 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.
by Emmett McMahon
Emmett McMahon News
- Jun 11, 2008
Jury Awards Grantley $66 Million in Patent Infringement Suit Against Clear Channel Communications; Court Enhances Verdict
A jury in the United States District Court, Eastern District of Texas, Lufkin Division., has awarded $66,029,750 to Grantley Patent Holdings, Ltd. in a patent infringement trial.
- Frequent speaker at Minnesota Institute of Legal Education seminars on Intellectual Property matters.
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