Cases
REPRESENTATIVE MATTERS: U.S. Airways v. Sabre (S.D.N.Y.)
Trial counsel for Sabre in an antitrust action relating to a contract between U.S. Airways
Sabre concerning Sabre's Global Distribution System. After a two-month trial, the jury returned a defense verdict on one claim
damages of 1% of what Plaintiff had sought on the second claim.
In re Drywall MDL (E.D. Pa.)
Defending the leading U.S. drywall manufacturer against Sherman Act price fixing claims. The plaintiffs allege that the defendants violated Section 1 of the Sherman Act by conspiring to fix, raise, maintain,
stabilize prices for gypsum drywall. This multidistrict litigation matter was consolidated in the U.S. District Court for the Eastern District of Pennsylvania. Cases pending.
JDS Technologies, Inc. v. Exacq Technologies, Inc. (E.D. Mich.)
Defending Exacq Technologies, a Tyco subsidiary, against a patent lawsuit brought by one of its competitors. The patents at issue relate to video monitoring technology. Case pending.
Tessera Semiconductor Patent Litigation (U.S. District Court, E.D. Texas
N.D. California)
Trial counsel for Tessera enforcing groundbreaking patents related to semiconductor operation. Settled claims against Spansion for $25 million
with STATS Chippac, Siliconware, AMD, ChipMOS, Freescale, ASE,
STMicroelectronics for confidential amounts.
Angelotti Chiropractic, Inc., et. al. v. Baker (C.D. Cal.)
Trial counsel for large group of medical care providers challenging the constitutionality of SB 863, a law that dramatically changed the workers' compensation system in California. Obtained preliminary injunction prohibiting the enforcement of new fees imposed by the State of California.
American Airlines v. Sabre Inc. et al. (N.D. Tex., Tarrant County, Tex.)
Trial counsel for Sabre in breach of contract
antitrust actions relating to the display of American's flight
fares in Sabre's Global Distribution System. American claimed $1 billion dollars in damages. Jury trial in Texas state court. Case settled favorably during trial.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Watson Labs, et al. (D. Nev.)
Trial counsel for Bayer Schering in Hatch-Waxman patent litigation against challengers seeking to market generic versions of oral contraceptive YAZ. Obtained summary judgment of validity, infringement,
enforceability before trial court.
Pioneer Hi-Bred International v. Agrigenetics, Inc. (S.D. Ind.)
Trial counsel for Pioneer in a dispute with Agrigenetics
its parent Dow AgroSciences concerning the marketing of Pioneer seed genetics through particular distribution channels. Case settled during trial after Pioneer prevailed on a Daubert challenge to Plaintiffs' damages expert,
after openings
cross examination of plaintiffs' first witness.
ICE Corporation v. Hamilton Sundstr
Corporation et al. (10th Cir.)
Counsel for Hamilton Sundstr
Ratier-Figeac in appeal of adverse jury verdict on a misappropriation of trade secrets claim under Kansas law. Obtained reversal of $9 million punitive damages award before the Tenth Circuit
prevailed on rem
before the district court. Case settled favorably during subsequent appeal of the district court's rem
decision.
Bayer Schering Pharma et al. v. Barr Laboratories (D.N.J.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challenger seeking to market generic version of leading oral contraceptive Yasmin. Bench trial held November-December 2007. Ruling in favor of Barr at trial level. Affirmed 2-1 by Federal Circuit with dissent by Judge Newman.
In re Genetically Modified Rice Litigation (E.D. Mo.)
Represented Bayer CropScience LP during class-certification phase of multi-district litigation concerning alleged presence of genetically engineered rice in commercial rice shipments. Successfully obtained ruling denying class certification from District Court. Eighth Circuit denied interlocutory appeal.
Mercury Companies, Inc. et al. v. The First American Company et al. (D. Colo.)
Represented counter-defendant Fidelity National Financial, Inc.
four plaintiff title agents in breach of contract
tortious interference action. The plaintiff title agents alleged breach of contract against defendants. Defendants allege that Fidelity tortiously interfered with defendants' attempted purchase of the four title agents. Case settled favorably after preliminary injunction phase.
Applied Medical Resources Co. v. U.S. Surgical Corp. et al. (C.D. Cal.)
Represented defendant United States Surgical Corporation, a subsidiary of Covidien, in pretrial-phase of patent infringement suit. Applied Medical alleged that U.S. Surgical infringed a medical device patent
sought up to $300 million in damages
an injunction. Bartlit Beck trial team eventually won non-infringement jury verdict after five-week trial, which was affirmed unanimously on appeal to the Federal Circuit. Prior to Bartlit Beck's representation, U.S. Surgical had twice previously been found to willfully infringe the same patent.
