Attorneys at Faegre Baker Daniels: Ken Liebman

Ken Liebman

Partner

Direct: +1 612 766 8800
Minneapolis Office
2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901

Contact Information

ken.liebman@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 8800
F: +1 612 766 1600

Practices

Corporate Emerging Companies & Venture Capital Intellectual Property Technology & Licensing Transactions Litigation & Advocacy Intellectual Property Litigation Trade Secrets Litigation

Industries

Health Care Life Sciences Medical Technology Manufacturing & Industrials Retail Telecommunications & Information Technology

Education

Yale Law School
J.D. (1979)Columbia University
B.A., summa cum laude, Phi Beta Kappa (1976)

Bar Admissions

California Minnesota

Court Admissions

U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Central District of California U.S. District Court for the District of Minnesota U.S. District Court for the Northern District of California

Profile Experience Legal Updates News & Media

Ken Liebman

Partner

Ken Liebman focuses his practice on the representation of companies, investors, and institutions in the medical technology and information technology fields in patent litigation and due diligence. Among Ken's representative matters are the following:

He has served as lead trial and appellate counsel for NETGEAR in its successful defense in a national test case brought by Fujitsu, LG, and Philips over patents allegedly covering the 802.11 (WiFi) standard. In September 2009, the Western District of Wisconsin granted summary judgment of non-infringement in favor of NETGEAR. In September 2010, the Federal Circuit affirmed summary judgment against Fujitsu and LG entirely and affirmed summary judgment against Philips on almost 150 products, remanding for trial on four products relating to an expired patent.
He served as lead counsel for the University of Minnesota in its patent licensing litigation with Glaxo Wellcome over the AIDS drug ZiagenTM. The case settled with the defendant recognizing the validity of the University's patents and agreeing to pay royalties estimated to total $300 million over the life of the patents. The Ziagen case is reportedly the second largest case in Minnesota history after the tobacco litigation. The Wall Street Journal reported the University of Minnesota has "won the largest settlement of a patent infringement case of any U.S. university."
He represented Zimmer Spine (formerly Spine-Tech), the nation's leading spinal implant company, in a series of intellectual property lawsuits culminating in a two week patent infringement jury trial in Memphis against U.S. Surgical in which Spine-Tech sought $74 million in pre-trebled damages. The case, and a co-pending case in which Spine-Tech sought over $100 million in pre-trebled damages, settled pursuant to a confidential settlement after the jury found liability and Spine-Tech presented its damages evidence.
He served as lead counsel for Hutchinson Technology, the world's leading supplier of suspensions for disk drives, in a patent infringement action involving nine patents and an antitrust and patent infringement counterclaim by a major competitor that was settled favorably to our client. Ken successfully represented HTI in a patent infringement defense in the Northern District of California against a patent owner seeking over $100 million in damages. Ken has also represented Seagate and Western Digital.
He currently represents Target in multiple patent infringement actions in the Eastern District of Texas and elsewhere.
He represented Boston Scientific against its competitors in multi-patent infringement litigation relating to cardiac rhythm management devices (e.g., pacemakers).
He obtained a seven-figure jury verdict for Streamfeeder, a Minnesota manufacturer of paper feeding devices, in a patent infringement action under the doctrine of equivalents against infringers who had their own patent on the accused device.
He represents JDS Uniphase in pending patent infringement litigation.
He represented the Mayo Clinic in an arbitration concerning the development of software for Mayo's transfusion medicine department.
He represented, with the firm's Denver office, an anti-Scientology organization against the Church of Scientology in the first case ever to find fair use over the posting of documents on the Internet.
He has represented numerous technology start-ups, growth companies, and venture capital funds, including Acorn Cardiovascular, Affinity Capital, Allaire, Anulex, Cartia, Healthcor Partners, Itasca Ventures, Piper Jaffray, River Cities Capital Fund, Sightline Partners, Sistina Software, Split Rock Partners, and Vital Images.
He is local counsel for the Rolling Stones.
Partner at Irell Manella in Los Angeles (1985-93) - member of Executive Committee.
Founding chair of Faegre Baker Daniels' intellectual property group and medical technology industry team.

Ken is a member of the firm's management board.

Pro Bono

Conciliation Court Team

Honors

IAM 250–The World's Leading Patent Litigators, 2011
IAM Life Sciences 250–The World's Leading Life Sciences Patent Litigators, Medical Device Litigation, 2010
The Best Lawyers in America, Intellectual Property Law, 2005-11
Top 40 Intellectual Property Attorneys, Minnesota Law & Politics, 2009
Best Lawyers: Intellectual Property, IP Law & Business
Chambers USA: America's Leading Lawyers for Business, Litigation: IP, 2008–11
Super Lawyers, Intellectual Property Litigation
International Who's Who of E-Commerce Lawyers

Professional Associations

American Bar Association
California State Bar Association
Minnesota State Bar Association
Minnesota Intellectual Property Lawyers Association

Civic Activities

Temple Israel

Presentations

22^nd Annual Piper Jaffray Health Care Conference
Legal, Political and Regulatory Issues Facing Medtech Today, Panelist
Moderated by Thom Gunderson – managing director and senior research analyst at Piper Jaffray, with other panelists Susan Alpert, PhD, MD SVP – Chief Regulatory Officer at Medtronic, Inc., and Steven Ubl – President & CEO of AdvaMed (December 2010)
2010 CardioTec Conference– Effectively Developing Cardiovascular Technology: Overcoming Today's Manufacturing Challenges
Panelist and speaker on Crossing the Research Threshold: From Cardiovascular Research to Commercializing a Product, with Thom Gunderson, Managing Director and senior research analyst at Piper Jaffray and Timothy D. Henry, MD, FACC, at Minneapolis Heart Institute (September 2010)
You Said It Was Over: Drafting Settlements That Don't Lead to More Litigation
Complex Litigation Seminar, Minneapolis (2010)
CardioTec
Medical Product Outsourcing Event, Minneapolis
Global Patent & Trade Secret Enforcement
International Business Briefing, Minneapolis and Denver
The Future of Patent Litigation
Iowa Intellectual Property Association Annual Meeting
Need vs. Greed: The Ethics of University Licensing of Life Saving Technology
University of Design of Medical Devices Conference
How Patent Litigation Changes Patent Licensing
Minnesota CLE, Minneapolis, Minnesota
Antitrust Issues in the Settlement of Patent Litigation
Joint Meeting of MIPLA and the Minnesota State Bar Antitrust Section
Recent Developments in Intellectual Property Law Affecting Business Lawyers
Business Law Institute, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota (co-author)
Business Method Patents, and E-Commerce
Business Law Institute, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota (co-author)
Ten Intellectual Property Developments Every Business Lawyer Should Know
Business Law Institute, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota
Recent Internet Developments
Minnesota State Bar Association Annual Meeting
Trademark Issues on the Internet
Minnesota Intellectual Property Law Association Annual Meeting
Recent Internet Developments
Business Law Institute, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota
Recent Developments in the Law of Cyberspace
National Intellectual Property Law Institute, Boston
Litigation Under the New Federal Rules of Civil Procedure
Wm. Mitchell Law School CLE
Developments in the Law of Cyberspace: Internet Demonstration and Legal Theory
Law Seminars International, Minneapolis, Minnesota
Provisional Relief, Permanent Injunctions, and Damages
Patent Law Institute, Washington, DC
The Profits and Pitfalls of Entrepreneurial Venturing
SIGGRAPH, Orlando, Florida
Copyright Protection of Computer Software
Law Seminars International, Minneapolis, Minnesota
Exploiting Intellectual Property in the USA
Department of Trade and Industry, London and Manchester, England
Significant Issues and Recent Developments in Software Patent Litigation
Fourteenth Annual Computer Law Institute, New York City, New York
The FTC Investigation of Microsoft
High Technology Industries Committee Meeting, ABA Annual Convention, New York City, New York
Software Patents - The Litigation Perspective
CLE International, Minneapolis, Minnesota
The New Frontier - Multimedia
Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota
Untying the Knot - How the Copyright Law and the New Technology Can Peacefully Exist
World Computer Law Congress, San Diego, California
Representing New Media Clients
Symposium of the Intellectual Property and Entertainment Law Section of the Los Angeles County Bar Association
Protection for the Appearance of Computer Products
USC Computer Law Institute, Los Angeles, California; New York, New York
Liebman & Frischling, "Protecting the Appearance of Computer Products: An Idea in Search of A Law"
USC Computer Law Institute
The Multimedia Mock Trial
Digital World (Liebman as plaintiff's attorney; David Nimmer as defendant's attorney)

Legal Updates

Annual Review of Medical Device Patent Litigation
Faegre & Benson Medtech Legal Update
Analyzing the Medtech Industry: An Interview with Thomas Gunderson
Faegre & Benson Medtech Legal Update
O2 Micro Decision—Sorts "Scope" from "Meaning"
IPLaw360.com
One-Click or Two? The War Over Business Method Patents
Trends
It's 2 am.: Do You Know Where Your E-Mail is?
Trends (co-author)
Net Gains, Net Losses
Minneapolis Star Tribune (co-author)
Recent Developments in the Law of Cyberspace
MSBA Computer Law Section Newsletter
Media Mentions
— Featured in "Close Up on Ken Liebman"
CityBusiness

Related Practices

Corporate
Emerging Companies & Venture Capital
Intellectual Property
Intellectual Property Litigation
Litigation & Advocacy
Technology & Licensing Transactions
Trade Secrets Litigation

Related Industries

Health Care
Life Sciences
Manufacturing & Industrials
Retail
Telecommunications & Information Technology

Media Mentions

29-November-2010 - Liebman Weighs in on Federal Circuit Ruling for NETGEAR
02-November-2010 - Liebman in Law360 on LG Electronics Patent Suit
13-August-2010 - Liebman and The Deal: Why Medical Devices Are Made in America

Education

Yale Law School
J.D. (1979)
Columbia University
B.A., summa cum laude, Phi Beta Kappa (1976)

Legal Updates

22-June-2009 - Analyzing the Medtech Industry: An Interview With Thomas Gunderson
24-March-2009 - Annual Review of Medical Device Patent Litigation
15-September-2008 - Consistently Inconsistent: How Courts Assess the Inevitable Disclosure Doctrine
27-June-2008 - A New Wrinkle in the Fabric of Claim Construction

News

06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
09-May-2011 - Ken Liebman and David Gross Named Among the World's Leading Patent Litigators
16-February-2011 - Faegre & Benson Attorneys Named to Super Lawyers Business Edition
23-September-2010 - Faegre & Benson Wins Federal Circuit Ruling for NETGEAR
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
29-June-2010 - Chambers Recognizes Faegre & Benson General Commercial Litigation Practices in Minnesota and Colorado
07-May-2010 - Ken Liebman Named One of the World's Leading Life Sciences Patent Litigators
23-September-2009 - Faegre & Benson Wins Summary Judgment of Non-Infringement for NETGEAR
31-July-2009 - 96 Faegre & Benson Lawyers Listed in The Best Lawyers in America
12-June-2009 - Faegre & Benson Receives Top Chambers Rankings, National Franchise Practice Moves Up
01-October-2008 - The Best Lawyers in America 2009 Includes 90 from Faegre & Benson
14-August-2008 - Faegre & Benson Attorneys Named to Super Lawyers in Minnesota
31-March-2008 - The Best Lawyers in America 2008 Includes 79 from Faegre & Benson
19-March-2008 - Faegre & Benson Wins RFID Patent Infringement Case for Target
04-March-2008 - Faegre & Benson Attorneys Earn Recognition by Chambers USA
01-January-2007 - University of Minnesota Receives Landmark Settlement in IP Lawsuit

Bar Admissions

California
Minnesota

Court Admissions

U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the District of Minnesota
U.S. District Court for the Northern District of California

Representative Matters

Won $300 Million Patent Litigation Settlement for the University of Minnesota
Won Complete Dismissal of All Infringement Claims for NETGEAR
Won Dismissal of Patent Infringement Claim for Target
Won RFID Patent Infringement Case for Target
Won Settlement in Patent Infringement Cases for Spine-Tech