lawyer info

Scott Bradner <> Thu, 16 March 1995 18:45 UTC

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Subject: lawyer info

Here is the bio of Geoff Stewart and Dave Sylvester plus some supporting
materal from Hale and Dorr.  Let me know if you want me to get one or
both of them up to Danvers for the POISED meetings and/or a discussion
about the patent issue with Motorola. (note that they have done work for



Geoffrey S. Stewart
Litigation Department
Geoffrey Stewart joined Hale and Dorr in 1985 and became a senior partner
in 1988.  Mr. Stewart practices in the firm's Washington office.
Mr. Stewart specializes in complex commercial litigation and white collar
criminal investigations.  He has handled a number of lawsuits brought under
the federal securities laws and over 50 investigations instituted by the
Securities & Exchange Commission.  Mr. Stewart also has represented
corporate boards, directors and officers on matters involving the exercise
of their duties.

Mr. Stewart is a 1976 graduate of Harvard Law School, where he was an
editor of the Harvard Journal on Legislation.  In 1981, Mr. Stewart joined
the United States Department of Justice, where he became Deputy Assistant
Attorney General in the Office of Legal Policy.  From 1987 to 1990, Mr.
Stewart was Associate Independent Counsel in the Iran Arms Sale/Contra
Diversion investigation.  Mr. Stewart attended college at Brown University,
where he graduated in 1973 with simultaneous bachelor's and masters'
degrees and was elected to Phi Beta Kappa.

Mr. Stewart is a member of the District of Columbia and New York bars, as
well as the bars of the United States Supreme Court, the First, Fourth,
Sixth, Ninth, Eleventh and District of Columbia federal circuit courts of
appeal, and various district courts.  He has handled cases in federal and
state courts in New York, the District of Columbia, Maryland, Virginia, New
Jersey, Massachusetts, Colorado, California, Florida, Puerto Rico and

David Sylvester
Corporate Department
David Sylvester, a Senior Partner, is a member of Hale and Dorr's Corporate
Department.  His practice includes the representation of public and private
high technology, biotechnology, and other general corporate clients in the
areas of venture capital, intellectual property, technology licensing (both
domestic and international), and securities law.  His practice also
includes extensive involvement in international, antitrust, and mergers and
acquisitions matters.  

In recent transactions, Mr. Sylvester represented a multi-billion dollar
communications corporation in connection with negotiations over the sale of
substantially all of the assets of a division of the corporation;
represented a leading office supply superstore chain in its acquisitions of
another chain of office supply superstores and a regional office supply
store; represented national underwriters in an initial public offering of
equity securities; represented technology companies in domestic and
international technology transfer matters; represented technology companies
in public and private offerings of securities; represented companies in
connection with their receipt of debt financing from large U.S. financial
institutions; represented the foreign subsidiary of a large U.S. mutual
fund in connection with its receipt of project financing from domestic and
international financial institutions; represented the U.S. subsidiary of a
multi-billion dollar foreign corporation in connection with the acquisition
of a U.S. harbor cruise company; represented two public technology
companies in their multimillion dollar acquisitions of private technology
companies; and represented venture capital funds in connection with their
investments in technology and other companies.

Mr. Sylvester has lectured on topics related to intellectual property, the
reporting obligations of insiders of public companies, and venture capital
financing.  His "Annotated Series A Convertible Stock Purchase Agreement"
has been published since 1986 in the Practising Law Institute's course
materials on venture capital financings and is included in the venture
capital financing section of the Maryland Institute for Continuing
Professional Education of Lawyers' Business Document Drafting Series.
Mr. Sylvester is a member of Hale and Dorr's Antitrust, Biotechnology,
Computer Law, International, Venture Capital, Mergers and Acquisitions and
Securities Practice Groups.  He graduated from Stanford University in 1978
and received his J.D. from the University of Virginia School of Law in

Mr. Sylvester is a member of the National Bar Association, the American Bar
Association, and the American Intellectual Property Law Association.  He
serves on the Boards of Directors of Arlington Housing Corporation,
Arlington View Terrace, Inc., and Fairview Manor, Inc., non-profit
providers of low and moderate income housing in Arlington, Virginia, serves
on the Board of Directors of the D.C. General Hospital Foundation, Inc.,
and is the pro bono general counsel to the Midnight Basketball League, Inc.
and to the National Association of Midnight Basketball Leagues, Inc.

Mr. Sylvester is admitted to practice in California and the District of


Antitrust and Trade Regulation Group
The present mission of the Antitrust Division of the Department of Justice,
as articulated in a recent speech by Assistant Attorney General Anne K.
Bingaman, is "to protect competition and consumers in increasingly
international and technology-driven markets through sound and reasoned
enforcement of the antitrust laws."  This mission has particular
significance for Hale and Dorr's high tech and biotech clients, and the
Firm's Antitrust Practice Group is responding in a variety of areas.

The practice divides into a variety of substantive areas in antitrust law
and trade regulation:
  %	Attorneys prosecute and defend antitrust and trade litigation in
	federal and state courts nationwide at both the trial and appellate 
  %	Attorneys represent a wide variety of clients in responding to
	non-public investigations by the Department of Justice, the Federal 
	Tarde Commission, and various agencies of state governments.  
  %	Both litigation and corporate attorneys provide antitrust advice
	and assistance to clients in a variety of contexts, including mergers,
	the formation of joint ventures, and franchise and distribution 
	arrangements, both domestically and internationally.
  %	Many clients have turned to the Firm for counselling on antitrust
	compliance issues and for comprehensive antitrust compliance programs.

The antitrust litigation for which Hale and Dorr has been retained varies
in size and scope.  A few current examples include our representation of
Analog Devices, Inc. in a suit pending in the U.S. District Court for the
Northern District of California challenging Analog's product distribution
arrangements.  Trial is scheduled to commence in October 1994.  

We represent Prime Computer, Inc. (now Computervision Corporation) in a
lawsuit brought in 1989 by Virtual Maintenance, Inc., a third-party
maintenance organization, which challenged Prime's policies regarding the
distribution of certain CAD/CAM software and computer hardware maintenance.
Hale and Dorr was retained after Virtual obtained an approximately $26
million judgment in federal court in Detroit.  Recently, the Sixth Circuit
Court of Appeals (on remand from the United States Supreme Court) reversed
and remanded the case for a new trial on limited grounds.  Both parties
have petitioned the Supreme Court for review of that decision.  

A joint venture of Thermo Electron Corporation and Rolls-Royce, Inc. has
retained Hale and Dorr to prosecute a lawsuit against Florida Power &
Light.  Our clients operate a cogeneration facility in Miami, Florida, and
have asserted antitrust and tort claims against Florida Power.  We recently
defeated Florida Power's motion for summary judgment and are presently
opposing its effort to appeal that ruling.

We represent Northern Telecom in a case filed against it in Federal court
in Boston by Comm-Tract, Inc., a company seeking to provide maintenance
services on Northern's PBX office telephone switching systems.  Comm-Tract
asserted that certain Northern policies regarding the distribution of
software and the availability of support services violate Sherman Act \1.
We argued a summary judgment motion in January, and expect a ruling

The Open Software Foundation, Inc. is a joint research and development
venture which we formed and for which we serve as ongoing antitrust counsel
to management and the Board of Directors.  We are also litigation counsel
defending a claim in the U.S. District Court for the District of
Massachusetts.  We are presently attempting to dispose of the price fixing,
group boycott and other claims against OSF by a motion for summary
judgment. We previously responded successfully to a Federal Trade
Commission investigation of OSF.  


Intellectual Property Department
The research, development and commercialization of new technologies has,
for many years, been the cornerstone of our emerging and established
technology-based clients.  As the importance of these technological
innovations to commercial success has become increasingly obvious, our
clients have recognized that the intellectual property rights which arise
from their extensive research and development are extraordinarily valuable
assets which require identification, protection and exploitation.  Our
intellectual property lawyers, working together with our business and
litigation lawyers, are in a unique position to provide our clients with
the full range of services required to address any intellectual property

The concept of intellectual property rights covers an ever increasing range
of topics, including patents, trademarks, copyrights, and trade secrets.
The technologies are equally diverse.  Our Intellectual Property Department
lawyers provide our clients with all the legal and technical skills
normally associated only with a boutique patent firm.  However, a client's
intellectual property needs often arise in the context of, or quickly grow
into, transactions involving licensing, acquisition or sale,
reorganization, corporate financing, litigation, employee relationships and
government contracts.  Unlike the traditional boutique intellectual
property firm, Hale and Dorr can provide clients with this full range of

Patents, Trademarks and Copyrights
The lawyers and staff  of the Intellectual Property Department provide a
full range of patent, trademark, and copyright services.  The technological
specialties and experience of Hale and Dorr attorneys include the computer
hardware and software, biotechnology, electrical and mechanical fields.

The lawyers in the Intellectual Property Department prepare and prosecute
patent applications in all fields of technology.  Individual lawyers within
the Department have done so for over twenty-five years.  Hale and Dorr
clients receive advice and assistance in making business and technical
decisions relating to whether a patent application should be filed, and, if
so, in what countries; preparing, filing and prosecuting applications in
the United States; and, with the assistance of associates in every major
foreign country, throughout the rest of the world.  The experience of the
lawyers in the Intellectual Property Department extends to all phases of
patent prosecution, including appeals and interferences both within the
Patent and Trademark Office and before the Court of Appeals for the Federal

The selection of a company name or trademark is one of the most important
decisions a business makes.  Each year, Hale and Dorr Intellectual Property
lawyers advise clients concerning hundreds of potential trademarks, taking
into consideration not only whether a particular name might infringe (or be
thought to infringe) prior rights of some third party, but also whether the
name could be registered with the necessary state and other governmental
regulatory authorities, and has the potential for providing the client with
the desired exclusivity and market impact.  Once a name or mark is chosen,
Hale and Dorr attorneys provide our clients with all the services necessary
to register the name in different states, in the United States Patent and
Trademark Office, and abroad.  We provide the services necessary to prevent
third party appropriation of names and trademarks, including conducting
formal opposition to registration and cancellation of existing
registrations in the U.S. Patent and Trademark Office.

Our clients own copyrights in computer software, industrial designs,
publications, catalogues, data sheets, original art, and a wide range of
other works.  Our intellectual property lawyers regularly advise clients
concerning the circumstances under, and the extent to which, copyright
registration should be sought.  We also assist our clients in obtaining and
preserving copyright registrations and reviewing the limits of copyright
registrations of others.  Our intellectual property lawyers also frequently
advise clients who have copyrighted works developed by employees or
consultants on critical ownership issues.

Business Transactions And Licensing
Each year, we are involved in literally hundreds of licensing negotiations,
running the full gamut of subject matter from decidedly low technology
items such as giftware to high technology computer hardware and software,
biotechnology and material science.  We have negotiated and drafted license
agreements for patents, trademarks, and know-how in virtually every
technological field.  A single transaction may typically involve, for
example, a patent owner from whom a license must be obtained, a number of
manufacturing and distributing partners who must cooperate in the
commercial exploitation of the product, and at least one bank or other
financing institutions.  In completing such a transaction, the Hale and
Dorr client needs, and receives, the benefit of the expertise of both
Intellectual Property Department lawyers and business lawyers who have
extensive experience in negotiating and consummating these transactions.

Intellectual property rights play an increasingly significant part of major
transactions such as a public offering, merger or acquisition.  In these
transactions, the legal and technical expertise of our Intellectual
Property Department lawyers permits them to work closely with other
departments to ensure that the intellectual property involved is properly
evaluated and accounted for, and that the technology and rights actually
transferred to or by our client conform to the real intention of the

In addition, our emerging and established technology clients regularly seek
advice and assistance in establishing or improving in-house technology
protection programs, and in tailoring employment, disclosure,
confidentiality, and non-competition agreements to their specific needs.
Our intellectual property lawyers regularly work with these clients, often
in conjunction with attorneys from the Corporate Department who are
intimately familiar with the client's operations, to accomplish the
preventive maintenance necessary to avoid or minimize possibly significant
problems later .

The heightened recognition of the importance and value of intellectual
property rights has led to a huge increase in intellectual property
litigation.  We have been able to provide our clients with the unique
combination of a team composed of technically-versed intellectual property
lawyers and trial lawyers with extensive experience in litigating and
trying intellectual property cases.  Our clients have found this
combination to be particularly valuable in complex patent, trademark, trade
secret and copyright litigation.  The expertise of our lawyers in
intellectual property law, particularly when coupled with their
understanding and experience in biotechnology, chemical, electrical,
computer and other technologies, makes it easier and more efficient for the
Hale and Dorr client to transfer the necessary complex information to the
litigation team.  

The trial lawyers on the litigation team are in turn better able to
understand the details of the technology and to evaluate the merits and
impact of technological data and information; and to distill it in a way
that will provide an accurate and yet comprehensible case which both judge
and jury can understand.  We have successfully used this unique combination
of technically versed intellectual property lawyer and experienced trial
lawyers in a wide variety of intellectual property litigation.  We have
tried jury cases involving inventions ranging from complex mathematical
algorithms to devices for assembling semiconductor chips, and jury waived
cases involving technologies ranging from recombinant genetic engineering
to the construction of golf balls.  We have appeared and tried intellectual
property cases in courts throughout the United States and have extensive
experience before the Court of Appeals for the Federal Circuit and the
International Trade Commission.  The clients for whom we have litigated
intellectual property disputes are extensive and include Prime Computer,
Genetics Institute, Cetus Corp., Reebok International, Ltd., MedChem
Products, Wayne State University, Acushnet, Stratus Computer, Alliant
Computer and Computervision Corporation.