The leading trade journal Intellectual Property & Technology Law Journal has published Lathrop & Gage attorney John Shaeffer (Intellectual Property - Los Angeles) in its January 2010 issue. In his piece, "Equitable Disgorgement: An Unused Power That Courts Retain to Make Willful Patent Infringement Unprofitable." Mr. Shaeffer analyzes just how "little thought has been given to make truly intended infringement sufficiently unprofitable to dissuade such conduct." The journal offers commentary from top IP practitioners from the U.S., and is a product of Aspen Publishers.

"While no court has directly confronted whether the patent law strips from them the equitable authority to award disgorgement of profits, the Federal Circuit has confirmed that it retains broad equitable jurisdiction in formulating remedies in patent cases," writes Mr. Shaeffer, who is partner-in-charge of the firm's Los Angeles office. "In the absence of any compelling authority indicating that Congress intended its patent law to limit the court’s existing equitable authority, there is good reason to believe that courts retain the equitable power to order profit disgorgement to deter wrongful conduct."

Mr. Shaeffer's career as a litigator is highlighted by significant trial experience, including the landmark cases Continental Forge v. Sempra, Trovan v. Pfizer, and Lockheed Martin v. United States. Throughout his career he has litigated some of the nation's largest and most challenging antitrust, product liability, intellectual property and environmental cases in both state and federal court. Mr. Shaeffer teaches New Media Law at Santa Clara School of Law and frequently lectures on a variety of topics.

About Lathrop & Gage:
A full-service law firm, Lathrop & Gage LLP has almost 300 attorneys in 11 offices nationwide – from Los Angeles to New York. In 2009, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in their regions. For more information, visit www.lathropgage.com or www.beentherewonthat.com.