King & Spalding Wins Award For Defense Of Google; Welcomes New Partners In New York And Dubai

Monday, April 15, 2013 - 10:37

King & Spalding was chosen by Managing Intellectual Property as this year’s “United States Copyright/Patent Milestone Case of the Year” for its successful defense of Google Inc. in the company’s highly publicized infringement battle with Oracle America Inc. The firm was recognized with the award at Managing Intellectual Property’s sixth annual North American Awards ceremony in Washington, DC, on March 19.

The landmark case, which has been described as “one of the most important legal battles to hit the technology market in recent years,” centered on Oracle’s claims that Google infringed on seven of its patents and several copyrights. After successfully whittling down Oracle’s patent infringement claims pre-trial (drastically diminishing Google’s damages exposure), the jury unanimously found that Google had not infringed on the two remaining patents. The court also tossed Oracle’s copyright claim dealing with Java application programming interfaces (APIs), ruling that the Java API elements used by Google were not protectable by copyright.

The King & Spalding legal team representing Google in the case was led by partners Scott Weingaertner and Bruce Baber. They were assisted by partner Steve Snyder and associates Brian Banner, Chris Carnaval, Truman Fenton, Mark Francis and Anup Shah, and by counsel Bob Neufeld and Charlie Lee, who worked on the reexamination of the Oracle patents in the United States Patent and Trade Office.

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King &  Spalding client Appleton Papers has received a final determination on an antidumping decision from the U.S. Department of Commerce with respect to an investigation into the manipulation of sales prices of lightweight thermal paper by Papierfabrik August Koehler AG. Koehler exports light weight thermal paper to the United States and is subject to an antidumping duty. The new ruling increases the duty to 75 percent.  

The Washington-based King & Spalding international trade team representing Appleton was led by partner Gilbert B. Kaplan and consisted of partners Joseph W. Dorn and Ashley C. Parrish, counsel Daniel L. Schneiderman and Brian E. McGill, consultant Bonnie B. Byers, and associate Augustine Lo.

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Wendy Huang Waszmer, former assistant chief of the New York field office of the U.S. Department of Justice antitrust division, is joining King & Spalding’s antitrust practice as a partner in the firm’s New York office.

Ms. Waszmer will lead the firm’s antitrust efforts in New York. Her substantial expertise, particularly in global cartel defense, as well as government civil investigations including  antitrust, False Claims Act and other matters, will complement and enhance King & Spalding’s existing competition law capabilities.

As assistant chief of the DOJ’s antitrust division New York field office, Ms. Waszmer supervised a 40-person legal staff, led civil and criminal investigations and served as liaison with federal and state enforcement agencies in joint and parallel antitrust investigations. She tried a high-profile 2012 case involving charges against three Wall Street executives (United States of America v. Carollo, Goldberg and Grimm) that Rolling Stone magazine called “the first trial of the modern American mafia.” She also was recognized with an Assistant Attorney General Award for service in the division’s front office and the Attorney General’s Award for Distinguished Service to the Antitrust Division. Under her watch as assistant chief, the office convicted every defendant it tried and joined in the filing of its first civil complaint in nearly a decade in December 2012, effectively reinstituting civil investigation and enforcement.

Before serving as assistant chief of the New York field office, Ms. Waszmer was counsel to the assistant attorney general of the antitrust division of the Justice Department, and prior to that, assistant United States attorney, civil division, in the United States Attorney’s Office for the Southern District of New York. 

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King & Spalding has added partner Stephen Kelly to its Middle East team as the firm continues to expand its regional and international real estate practice.

Mr. Kelly joined King & Spalding’s Dubai office as the ninth partner in the Gulf region on March 24. He previously worked at Clyde & Co, where he was a partner and led the firm’s Middle East real estate development team. Kelly represents master developers, sub-developers, hotel operators and service providers on a variety of property issues, with an emphasis on the title structuring of complex large-scale master communities and mixed-use hotel developments. He has a particular focus on advising clients with developments impacted by the region’s various “strata title regimes,” i.e., regimes governing the ownership, operation and management of communities and developments that have multiple-ownership and shared areas and facilities.

Mr. Kelly’s portfolio includes acting on prominent developments across the region such as Burj Khalifa, Palazzo Versace, Dubai Pearl and Sun & Sky Towers. Other notable deals include advising on the master community title structuring of Saadiyat Island, The Wave Muscat, Emirates Living and other master communities across Dubai.  Mr. Kelly is ranked in both Chamber and Legal 500.

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James Castello, a partner with King & Spalding, has been appointed president of the European Users’ Council of the London Court of International Arbitration. He will serve a three-year term in that post.

Mr. Castello is a member of King & Spalding’s international arbitration practice in the firm’s Paris office. During more than 25 years as a practicing lawyer, he has advised and represented European, U.S., Mexican and Asian clients in a wide range of legal disputes, particularly international arbitrations (both institutional and ad hoc, commercial as well as investor-state). Since 2001, Mr. Castello has served on the U.S. delegation to the Arbitration Working Group at the United Nations Commission on International Trade Law (UNCITRAL). He was a member of the LCIA Court from 2007 to 2012.