Cases
Cases Tried or Otherwise taken to Judgment: Intellectual Property: Agrigenetics v. Pioneer Hi-Bred International: Lead trial lawyer for Pioneer Hi-Bred International in a dispute with Agrigenetics
its parent Dow AgroSciences concerning the marketing of Pioneer seed genetics through particular distribution channels
using particular trademarks
seed-bag graphics. The dispute involved tracing the parties conduct
intent under an extensive joint research
development program that had produced
given the parties rights in patented transgenic traits for corn. The traits combat common insect corn pests. Case settled after Pioneer won two motions against plaintiffs' damages theory under Daubert
jurisdictional st
ing,
after openings
cross examination of plaintiffs' first witness.
Kaiser Aluminum & Chemical Corp. v. Phosphate Engineering
Construction Co.: Represented PECO in a dispute over patent licensing rights
ownership of technology relating to novel chemical processes for manufacturing hydrofluoric acid. Won jury trial
appeal, including a $100,000 on counterclaim.
PPC v. Arris International: (W.D. Wis.)
Arris International v. PPC: (D. Colo.)
Lead trial lawyer for Arris International in patent litigation regarding coaxial cable connectors. Jury trial in Madison, Wisconsin. Cases settled following jury verdict for PPC on some issues
grant of new trial to Arris on others.
United Technologies Corporation v. Precision Technologies, Inc.
: United Technologies Corporation v. Chromalloy Gas Turbine Corp.
: In re Excel Industries, Inc.: Trial counsel to Pratt & Whitney in a series of suits, including the ones listed above, to stop, prevent,
recover for the infringement of Pratt & Whitney patents,
the misappropriation of Pratt & Whitney's trade secrets relating to aircraft engine parts
services. Cases won.
Dionex Corporation v. Eichrom Industries, Inc.: Represented Eichrom Industries in opposition to Eichrom's trademark Diphonix. Case won.
Pioneer Hi-Bred International v. DeKalb Genetics Corp.: Pioneer Hi-Bred International v. Asgrow Seed Company: Pioneer Hi-Bred International v. Holden's Foundation Seeds, Inc.: Pioneer Hi-Bred International v. Syngenta Seeds, Inc.: Pioneer Hi-Bred International v. Advanta USA: Represented Pioneer Hi-Bred in a series of lawsuits to protect Pioneer proprietary rights in its seed genetics. First three cases settled as part of global settlement between Monsanto
DuPont. Fourth case settled as part of a global settlement of intellectual property disputes between the companies. Case against Advanta settled favorably during trial just before closing arguments. As a result of this campaign, Pioneer has obtained agreement from all major U.S. Seed producers to use Pioneer seed corn genetics only on terms prescribed by Pioneer.
Products Liability: Alpha Therapeutic Corporation Blood Factor Concentrate Litigation: Defended Alpha in a nation-wide series of lawsuits involving claims of AIDS transmission to hemophiliacs through blood factor concentrate marketed by Alpha
other fractionators
used by hemophiliacs to control bleeding. Most recently successfully defended Alpha in a 4 month trial by the family of a deceased hemophiliac.
Macario v. Pratt & Whitney Canada: Defended Pratt & Whitney Canada in a lawsuit alleging that the absence of a certain filter in an aircraft engine was a defect. Case won.
Bayer Corporation Blood Factor Concentrate Litigation: Defended Bayer Corporation in an attempted world-wide class action brought by hemophiliacs residing outside the United States who claimed to have been infected with HIV
HCV from Bayer's
other defendants' blood products. Defeated plaintiffs' motion for class certification. Won repeated motions to dismiss groups of claimants from various countries on forum non conveniens grounds. Settled all claims at favorable levels due to defeat of class action pillars of plaintiffs' action. MDL concluded
closed.
General Commercial Litigation: Taylor v. Smith & Nephew: Represented medical device
therapy provider Smith & Nephew in a complex multi-contract dispute over patent infringement
royalty obligations for numerous orthopedic repair
reconstruction devices marketed by Smith & Nephew. The disputed technology includes patented products
technology for internally
externally fixating complex bone fractures. Settled favorably.
AT&T Broadb
v. CSG Systems, Inc.: Represented AT&T Broadb
in arbitration over disputes relating to performance of CSG under a long term services contract. Transferred case when AT&T Broadb
was acquired by Comcast. Case was eventually won using preparation
theories developed by Bartlit Beck.
U S WEST, Inc. v. MediaOne Group, Inc.: Represented MediaOne/AT&T Broadb
in a contract dispute over responsibility for telephone consumer class action law suits brought against U S WEST. The dispute was tried to a 3-member arbitration panel. Case won.
Abbott Labs v. Alpha Therapeutic Corp.: Represented Alpha in multi-million dollar indemnity dispute arising out of a corporate acquisition agreement with Abbott. Defeated Abbott's claim on summary judgment
appeal that the indemnity dispute had been settled. Case then transferred to another firm.
Criminal: United States v. Sturk: United States v. Akhime: United States v. Langley: United States v. McClinton: Prepared
tried four major felony cases, all resulting in guilty verdicts. Second chaired numerous other trials. Presented or aided in presenting over ten cases to the Gr
Jury, all resulting in indictment.
Other Representative Cases: Intellectual Property: Tessera Semiconductor Patent Litigation: Trial lawyer for Tessera enforcing groundbreaking patents related to semiconductor operation. Cases pending in Marshall, Texas
Oakl
, California. Settled favorably.
Pioneer Hi-Bred International v. Mycogen et al.: Represented Pioneer in a dispute over use of genetic materials discovered during a 10 year research program aimed at identifying bacterial genes active against insects for insertion into transgenic crops. Case settled favorably after key deposition severely damaged defendant's case.
DuPont v. MacDermid Inc. et al.: Represented DuPont in patent suit against MacDermid. The patents related to thermally processed flexographic printing plates. Case transferred to another firm.
Nike Patent Litigation Counseling: Represented Nike in dispute concerning patents for laser etching of shoes
apparel. The dispute was resolved favorably.
LSI Corporation v. Broadcom et al.: Defended Broadcom
a group of Broadcom employees against claims by LSI of misappropriation of trade secrets
improper solicitation. The alleged trade secrets concerned analog
mixed signal processing technology
chip design. After presentation of Broadcom's case to a mediator, the case resolved for $0.
DuPont Company v. Millennium Chemicals, Inc. et al.: Prosecuted suit for DuPont against Millennium seeking damage
injunction for infringement of DuPont patents dealing with treatments for titanium dioxide to improve its dispersibility in plastics. Case settled with payment of substantial damages
an ongoing royalty to DuPont.
NaPro Biotherapeutics, Inc. et al. v. University of Pennsylvania et al.: Represented NaPro
the University of Delaware in a trade secrets dispute with the University of Pennsylvania
several researchers. Case resolved with defendants withdrawing a grant application that NaPro alleged contained its trade secrets
defendants promising not to use NaPro trade secrets in the future.
Real3D, Inc. v. ATI Technologies, Inc.: Represented ATI Technologies, Inc., a leading maker of graphics accelerator chips
products for personal computers in a dispute with Real3D over patents on algorithms for computer image generation. Case settled.
Kreamer v. Medtronic, Inc.: Represent physician inventor in patent suit against Medtronic, Inc., a leading manufacturer of medical devices, for infringement of a patent for stent grafts used to repair weakened vessels, including blood vessels in the human body. Case settled.
Real 3D, Inc. v. 3Dfx Interactive, Inc.: Represented 3Dfx Interactive, a maker of graphics accelerator products for personal computers, in a dispute with Real3D over patents on algorithms for computer image generation. Case settled.
Lockheed Martin Corp. v. Silicon Graphics, Inc.: Defended Silicon Graphics, a leading producer of computer graphics equipment, against claims for hundreds of millions of dollars for patent infringement relating to various methods for computer generation of video images in three dimensional space. Case settled on eve of trial with SGI paying zero damages
zero license fees. The key claims of the key Lockheed patent were later rejected by the PTO based on reexaminations initiated by SGI during the suit.
Unisys Corporation v. Storage Technologies, Inc.: Defended Storage Technologies, Inc. in a suit threatening a critical new product alleging that StorageTek's disk controllers infringed Unisys patents. Case settled shortly after Bartlit Beck became involved.
Products Liability: South Jersey Gas Co. v. United Technologies Corporation
: Carey v. United Technologies Corporation: Represented United Technologies Corporation in two cases, one brought as a class action, involving claims of accidents caused by allegedly defective gas valves used in home heating gas furnaces. Cases settled.
General Motors Seat Belt Cases: Defended General Motors in a series of cases involving injuries sustained in automobile accidents allegedly arising from defects in the design
manufacture of seat belts.
Pantopaque Litigation: Defended Alcon International
Lafayette Pharmaceutical in a series of cases involving spinal injuries allegedly caused by the injection of an X-ray contrast medium manufactured by defendants.
General Commercial Litigation: Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation: (Federal District Court, District of Massachusetts)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse
Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
Alliant TechSystems v. Spirit AeroSystems: (Utah State Court, Farmington Div.)
Lead trial lawyer for Spirit AeroSystems (manufacturer of airframes) in a technical contract dispute with a supplier over specification
manufacturing changes
pricing adjustments for composite aircraft parts for the Airbus A350XWB fuselage. The case settled favorably shortly after the depositions of ATK senior management, ATK's key contact administrator,
ATK's in-house counsel who negotiated the contract.
Vonage Securities Counseling: Provide Vonage with advice
counseling on securities litigation issues.
American Airlines Information Services v. Marriott Information Services: Represented Marriott Hotels in its claims against American Airlines in a one billion dollar breach of contract
fraud case involving the development of a state-of-the-art hotel computer reservation system. Case settled with substantial damages paid to client.
General Motors v. Johnson Matthey Corp.: Represented General Motors in its multi-million dollar breach of contract, fraud,
RICO suit charging theft of its precious metals by a contractor during the manufacture of catalytic converters. Case settled with substantial damages paid to client.
Geary v. Dominick's Finer Foods: Defended Dominick's Grocery Stores in a multi-million dollar class action by purchasers of feminine hygiene products who claimed that Dominick's had charged sales tax that was not required by law. Case settled with no cash payment to class.
