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At-a-Glance

International patent litigator and trial attorney


Strategic partner to manage and protect intellectual property


Engineering, software, business and legal acumen


Passionate about inventions

 
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Devan V. Padmanabhan

Shareholder
p (612) 604-6748   f (612) 604-6948 
Education
Northwestern University School of Law, J.D., cum laude, 1993
Northwestern University, B.S., Electrical Engineering, 1990
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Experience
Devan V. Padmanabhan is a highly experienced patent litigator who helps clients litigate and manage patent portfolios with national and international needs for more than 20 years. Devan’s significant experience includes patent litigation cases covering a wide range of technologies and industries, and crosses all intellectual property areas, including patent, copyright, unfair competition, trademark, and technology-based cases. As an electrical engineer and lawyer, Devan is able to maximize his technical, engineering, legal, and business acumen to the client’s advantage, both inside the courtroom and in the boardroom.

Devan understands that high quality and cost-effective patent prosecution is critically important to the long-term needs of companies. His passion is based on knowing that intellectual property and other technology-related rights are at the core of many transactions. Devan’s approach includes getting to know the client’s business and goals so he can strategically counsel clients on the legal risks associated with business decisions. This often includes analyzing infringement risks while strategically monitoring your competitor’s intellectual property portfolios, as well as participating in strategic development for the future of a client’s patent portfolios.

Devan has also helped clients avoid patent disputes altogether, reaching practical business solutions without engaging in extensive litigation. He regularly provides advice on handling letters from patent holders, patent infringement and patent validity issues during product development to help avoid patent disputes.

Devan’s clients come from a wide range of industries, including medical and chemical technologies and devices, pharmaceuticals, food and nutritional formularies, manufacturing and machinery, data and communications networks, computer software, agricultural products and processes, business systems, optical sensors, and others. Devan has represented clients such as Cargill and Dane Technologies, and has handled cases in trial and on appeal to the Federal Court. In 2015, Devan was appointed Special Assistant Attorney General for the State of South Dakota, to represent the Board of Regents in a matter involving South Dakota State University. He is known internationally for his knowledge of software patent laws and is a sought-after lecturer on this topic. In addition, he is an Adjunct Professor at Hamline Law School.

Devan is a member of the Board of Directors of Winthrop & Weinstine. Outside of work, Devan enjoys reading, golfing, and spending time with his family. 

Bar Admissions
Minnesota
U.S. Patent and Trademark Office
U.S. District Court for the State of Minnesota
U.S. District Court for the Eastern District of Texas
U.S. Court of Appeals for the Federal Circuit

Representative Litigation
Devan has acted as a lead or co-lead lawyer in patent cases including the following:

Counsel for Plaintiff
Advanced Research Corporation v. IBM, Fujifilm & Oracle (U.S. International Trade Commission & D. Minn.): Represented plaintiff in patent infringement matter relating to formatted magnetic data storage tapes; settled during trial.

Soft-Gel Technologies, Inc. v. Jarrow Formulas, Inc.
(C.D. Cal.; Fed. Cir.):  Won summary judgment of noninfringement on patent relating to self-nanoemulsified drug delivery system; affirmed on appeal.

Dane Technologies v. Ameritek
(D. Minn.): Represented Dane in an action involving a patent directed to electronic braking systems; successfully secured a Federal Circuit ruling of infringement and validity.

Cargill, Incorporated v. Salt Creek, Inc. (S.D. Fla.): Represented Cargill in an action involving a patent directed physical chemical structure of an animal nutrition product; obtained a jury verdict of willful infringement and obtained treble damages.

Cargill, Incorporated v. Zeigler Bros., Inc. (S.D. Fla.): Represented Cargill in an action involving a patent directed to physical chemical structure of an animal nutrition product; obtained a jury verdict of willful infringement and obtained treble damages.

Transcom, Inc. v. Universal Motion Components, Inc. (D. Neb.): Represented Transcom in an action involving patents on mechanical seals for a gearbox; obtained a preliminary injunction and settled thereafter.

Transcom, Inc. v. Regal-Beloit Corp (D. Minn.): Represented Transcom in an action involving patents on mechanical seals for a gearbox; obtained a settlement after obtaining the preliminary injunction against Universal Motion Components.

Fair Isaac Corporation v. International Business Machines Corporation (D. Minn.): Represented Fair Isaac in an action involving patents directed to decision-making software; case settled on terms favorable to Fair Isaac.

Northbrook Digital LLC v. Vendio Services, Inc. (D. Minn.): Represented Northbrook Digital in an action involving patents directed to web advertising and blogging; after arguing a Markman hearing, case settled with payment to Northbrook.

Northbrook Digital LLC v. Browster Inc. (D. Minn.): Represented Northbrook Digital in an action involving patents directed to web advertising; after obtaining an infringement ruling, case settled with payment to Northbrook.

Nonin Medical, Inc. v. BCI, Inc. (D. Minn.): Represented Nonin on appeal at the Federal Circuit in an action involving patents directed to wireless oximetry.

Counsel for Defendant
OGMA v. Griffin International Companies LLC (D. N.J.): Representing Griffin Companies in an action involving patents directed to accelerometers.

Motorola, Inc. and GMP/Wireless Medicine, Inc. v. Nonin Medical, Inc. (N.D. Ill.): Represented Nonin in an action involving patents directed to wireless communication in medical devices; successfully defended Nonin and obtained a favorable result.

Visto Corporation v. Sproqit Technologies, Inc. (N.D. Cal.): Represented Sproqit in an action involving patents directed to wireless data communications; successfully obtained a covenant not to sue Sproqit after handling a multi-day Markman hearing.

NetCurrents Information Services, Inc. v. Dow Jones & Company, Inc. and Factiva, Inc. (C.D. Cal.): Represented Dow Jones in an action involving a patent related to Internet software; obtained a summary judgment of noninfringement.

Technology Patents LLC v. Deutsche Telekom AG, et al. (D. Md.): Represented Deutsch Telekom in an action involving patents relating to telecommunications; obtained a dismissal without having to file an answer.

Arimathea, LLC v. Wm. Wrigley Jr. Company, et al. (N.D. Ill.): Represented Caribou Coffee in an action involving a patent relating to a storage container; obtained a favorable result.

Fotomedia Technologies, LLC v. NuSkin Enterprises., et al. (E.D. Tx.): Represented defendant NuSkin in action involving patent related to photo sharing; obtained a dismissal of the case.

Data Network Storage LLC v. Compellent Technologies, Inc., et al. (S.D. Cal.): Represented Compellent Technologies in action relating to patent on computer storage systems; obtained favorable settlement and dismissal.
John Larry Sanders, et al. v. The Mosaic Company, et al. (W.D. Mo.): Represented Mosaic in an action involving a patent related to fertilizer formulations; plaintiff stipulated to noninfringement based on the Court’s ruling on the Markman hearing.

International Business Machines Corporation v. Fair Isaac Corporation (S.D.N.Y.): Represented Fair Isaac in action involving patents relating to decision making software; case settled on terms favorable to Fair Isaac.

Howard B. Garber v. Chicago Mercantile Exchange, et al. (E.D. Ill.): Represented Chicago Mercantile Exchange in an action involving a patent directed to trading software; obtained a dismissal of the action.

Medtronic Sofamor Danek, Inc., et al. v. Osteotech, Inc. (E.D. Tenn.): Represented Osteotech in an action involving patents directed to spinal fusion surgery; obtained a summary judgment of noninfringement on the most important patent and settled the case favorably prior to trial.

Sofamor Danek Group, Inc., et al., v. Osteotech (N.D. Fla.): Represented Osteotech in an action involving patents relating to spinal implants; settled the case after obtaining summary judgment against Sofamor Danek.

CellNet Data Systems, Inc. v. Itron, Inc. (N.D. Cal.): Represented Itron in action relating to patent directed to electronic monitoring systems; obtained summary judgment of noninfringement (affirmed at the Federal Circuit) and won award of $800,000 in attorneys’ fees.

Community Involvement

  • American Bar Association
    • Intellectual Property Committee, 2016
  • American Intellectual Property Law Association
  • Federal Bar Association
  • Minnesota State Bar Association
  • Minnesota Intellectual Property Law Association
  • Hennepin County Bar Association
  • Minnesota Asian Pacific American Bar Association

Awards

  • Recommended in Intellectual Property, from Chambers USA, 2017
  • "Local Litigation Star," Benchmark Litigation, 2015-2018
  • The Best Lawyers in America©
    • Litigation - Intellectual Property, 2015-2018
    • Litigation - Patent, 2015-2018
  • Minnesota Super Lawyers®, 2014-2017
  • Ranked as an "IP Star," Managing IP, 2013-2017
  • Attorney of the Year, Minnesota Lawyer, 2013


Collegiate Honors

  • Northwestern University School of Law: Executive Editor, Journal of Criminal Law and Criminology, 1992-1993
  • Northwestern University: Eastman Kodak Scholar; Tau Beta Pi

Articles & Presentations
Co-author. "Coating Matters | The ROI of IP." Paper, Film & Foil Converter. 7 Nov. 2012.

Co-presenter. "The ROI of IP." 2012 Web Coating & Handling Conference. Myrtle Beach, SC. 21-24 Oct. 2012. (presentation won Matteucci Technical Excellence Award Honorable Mention).

Co-author. "Creating Value Through Patents." Converter Magazine. 3 Oct. 2012.

Qtd. Parmar, Arundhati. “Two views: Diagnostics firms may be worried but there are write arounds.” MedCity News. 27 Mar. 2012.

Press Releases

October 19, 2017
Winthrop & Weinstine Secures Patent Infringement Victory For Industrial Coatings Inventor After Nearly Decade-Long Fight

August 15, 2017
Twenty-Nine Winthrop & Weinstine Attorneys Named to 2018 “Best Lawyers In America” List

July 05, 2017
Thirty Winthrop & Weinstine Attorneys Named to Super Lawyers List

June 13, 2017
Winthrop & Weinstine Attorneys Recognized as “IP Stars” by National Publication

October 24, 2016
Benchmark Litigation 2017 Recognized Winthrop & Weinstine as “Highly Recommended”

August 15, 2016
Twenty-Six Winthrop & Weinstine Attorneys Named to 2017 “Best Lawyers In America” List

July 05, 2016
Forty-Six Winthrop & Weinstine Attorneys Named as Super Lawyers and Rising Stars

June 03, 2016
Winthrop & Weinstine Attorneys Recognized as “IP Stars” by National Publication

October 29, 2015
Benchmark Litigation 2016 Recognized Winthrop & Weinstine as “Highly Recommended”

August 17, 2015
Twenty-Five Winthrop & Weinstine Attorneys Named to 2016 “Best Lawyers In America” List

July 07, 2015
Twenty-Nine Winthrop & Weinstine Attorneys Named to Super Lawyers List

May 20, 2015
Winthrop & Weinstine Attorneys Recognized as "IP Stars" by National Publication

November 10, 2014
Winthrop & Weinstine Congratulates MNAPABA on Winning “Affiliate of the Year”

November 04, 2014
Benchmark Litigation 2015 Recognized Winthrop & Weinstine as "Highly Recommended"

August 18, 2014
Twenty-One Winthrop & Weinstine Attorneys Named to 2015 “Best Lawyers In America” List

July 07, 2014
Twenty-Eight Attorneys Named to Super Lawyers List

June 05, 2014
Winthrop & Weinstine Attorneys Recognized as "IP Stars" by National Publication

December 10, 2013
Three Winthrop & Weinstine Lawyers Named Minnesota “Attorneys of the Year”

June 10, 2013
Winthrop & Weinstine Attorneys Recognized as “IP Stars” by National Publication

January 01, 2013
Winthrop & Weinstine, P.A., Announces New Shareholders and Associates

January 31, 2012
Prominent Patent & IP Attorneys Join Winthrop & Weinstine

January 30, 2012
Devan V. Padmanabhan, Patent Attorney, Joins Winthrop & Weinstine

 
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