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Marc K. Temin Partner Boston 617 832 1162 direct 617 832 7000 fax Email Marc Temin’s litigation practice focuses on intellectual property litigation and representation involving computers and software. He has represented software developers, vendors, licensees, and consultants, database management companies, telecommunications companies, and other clients involved in high technology applications. Disputes that Marc has litigated involve copyrights, patents, trade secrets, breach of contract, licensing controversies, and numerous other controversies involving software and other information technology. In addition to his high technology litigation practice, Marc litigates a wide range of other commercial disputes. He has represented publicly traded companies in defense of securities-related claims and has also handled litigation involving toxic torts, insurance coverage disputes, environmental controversies, and transportation safety. Representative Experience The following is a brief summary of Marc's experience and accomplishments: Represented artificial intelligence researchers in patent infringement litigation involving the use of natural language search technology on the Internet Represented the developer/vendor of fraud detection software for cellular telephone networks in a dispute with a major telecommunications company Represented the insured in a claim for losses to a manufacturer of liquefied natural gas tankers resulting from a crane accident. Responsible for direct and cross examination of expert witnesses testifying concerning damage models, involving statistical and other issues relating to learning curve, linear and multiple regression models. After trial, insured obtained judgment of $20.3 million. General Dynamics Corp. v. National Union Fire Insurance Co. of Pittsburgh, PA. Represented a national provider of rental equipment in litigation involving software for use at its rental locations Provided advice to international software vendors concerning Y2K disclosures and planning Represented a major business software application developer/vendor in numerous disputes concerning software copyright, licensing, advertising, and related issues Represented an international communications network equipment and software provider in a dispute over text-to-speech software Handled extended proceedings before the Department of Environmental Quality Engineering, followed by appeals to the Supreme Judicial Court, concerning emissions of a total energy cogeneration plant for hospitals and related institutions. Issues included air quality standards for NO2 emissions and alleged carcinogenicity of emissions. In re MATEP Represented the developer of new remote control communications software for computers running under Windows in defense of claims of breach of contract and misappropriation of trade secrets made by a company to whom the developer’s previous successful remote control communications software for computers running under DOS had been sold Defended a publicly traded diagnostic device manufacturer in federal courts in New York and Massachusetts against claims concerning stock ownership and failure to register stock and counterclaims of breach of contract and related torts in connection with European operations Defended a publicly traded medical device manufacturer in federal courts in New York and Massachusetts against claims of failure to provide or register stock or warrants in connection with investment banking services and claims of breach of contract with an offshore lender Served as lead counsel in an action challenging the system of financing public education in the Commonwealth, in which the scheduled trial was postponed upon legislative enactment of statutory changes. Issues included disparities in educational opportunities in the Commonwealth, relation between local property wealth and educational expenditures, relation between educational expenditures and educational opportunity. Webby et al. v. Dukakis et al. Represented an international software vendor in a dispute over the purchase of the assets of a related software vendor Represented a minicomputer hardware/software manufacturer in defense of breach of contract and warranty and related claims arising out of delay and failure to develop 32-bit software to replace 16-bit software in operation Counseled a major telecommunications provider in disputes with software vendors concerning licensing of database and other software for secure Internet business applications Represented a national provider of business software consulting and technical services to middle market companies in a dispute over selection and implementation of business software Defended a major health insurer and its subsidiary HMO against claims by a licensor of HMO’s management software alleging breach of contract, misappropriation of trade secrets, and copyright infringement arising out of HMO’s development and use of point of service and decision support software Served as counsel, specially retained for software copyright and trade secret issues, for a loan tracking services vendor and software owner in a Midwestern arbitration proceeding involving a dispute over loan tracking services software and related matters Defended a web site operator against copyright infringement claims arising out of television video service provided by a Canadian web site Represented a major relational database management system developer/vendor in litigation involving claims that arose from licensing of relational database management and related software to a large retail merchandise vendor with numerous locations Was responsible for the conduct and supervision of numerous actions on behalf of Federal Deposit Insurance Corporation arising out of the closing of a bank, including action against former officers and numerous actions against debtors. Matters relating to closing of First National Bank of Marlboro, MA. Represented various commuter airlines at National Transportation Safety Board hearings into probable causes of airline accidents Was responsible for preparation of medical aspects of a toxic tort action involving claims that well contamination by chlorinated hydrocarbons resulted in leukemia and other illnesses. Projected testimony included testimony on behalf of plaintiffs and defendants from approximately 25 expert witnesses in various fields, including internal medicine, immunology, oncology, neurology, cardiology, psychiatry, toxicology, epidemiology, molecular biology, and statistics. Preparation included extensive deposition and other discovery, witness preparation, and collection and analysis of evidence, including toxicological, epidemiological and statistical studies. Case settled prior to trial of medical issues. Anderson et al. v. W. R. Grace et al. professional / civic involvement American Bar Association, Member: Intellectual Property Law Section (2007-08, Chair of Division VII, Information Technology; 2006-07, Co-Chair of Online Security and E-Privacy Committee), Litigation Section (member of group drafting model copyright law jury instructions), Science and Technology Section, Law Practice Management Section Massachusetts Bar Association Boston Bar Association Lawyers’ Committee For Civil Rights Under Law of the Boston Bar Association, Board of Directors publications The Relational Sense of Indirect Discourse, 72 THE JOURNAL OF PHILOSOPHY 11 (1975) Toward an Account of the Truth of Propositions of Law, 49 UNIV. OF CINCINNATI LAW REVIEW 341 (1980) Dangers in the Potential Scope of the Massachusetts Civil Rights Act after Bell v. Mazza, CIVIL RIGHTS LITIGATION - MCLE (1985) Federal Rules Practice, FEDERAL COURT CIVIL LITIGATION IN THE FIRST CIRCUIT -MCLE (1987) Business Interruption Insurance, COMMERCIAL INSURANCE COVERAGE LITIGATION -MCLE (1992) Year 2000 Litigation: Claims and Defenses, THE Y2K PROBLEM: THE LITIGATION BEGINS - MCLE (1999) Year 2000 Litigation: Claims and Defenses Revisited, Y2K: THE COUNTDOWN TO JANUARY 1 - MCLE (1999) Release of Draft Version 3 of GNU GPL Highlights Growing Importance of Open Source Software Licenses, 1 PRIVACY & DATA SECURITY LAW JOURNAL 637 (June 2006) The Irrelevance of Creativity: Feist’s Wrong Turn and the Scope of Copyright Protection For Factual Works, 111 PENN STATE L. REV. 263 (2006) Copyright Protection for Computer Programs: Principles and Some Recent Decisions, COMPUTING AND THE LAW: FROM STEPS TO STRIDES INTO THE NEW AGE (ABA 2007) |
