Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: U.S. Airways v. Sabre Inc. (S.D.N.Y.)
Lead trial counsel for Sabre in antitrust action relating to contract between U.S. Airway
Sabre concerning Sabre's Global Distribution System. Won motions to dismiss monopolization
declaratory judgment claims. Won summary judgment on claim for injunctive relief
over 75% of Plaintiff's damages claim. Won $6 million costs/attorneys' fees award. Two-month jury trial resulting in defense verdict on one claim
elimination of 99% of damages Plaintiff had sought on second claim. Appeal pending.
American Airlines v. Sabre Inc. (Tarrant County, TX,
N.D. Tex.)
Lead 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.
Trading Technologies International, Inc. v. SunGard (N.D. Ill.)
Trial counsel for SunGard in patent infringement actions involving patents relating to electronic trading systems. Won summary judgment of noninfringement. Affirmed on appeal.
Rolls-Royce v. United Technologies (E.D. Va.)
Won summary judgment for United Technologies
its Pratt & Whitney division in an alleged multi-billion dollar patent case brought by Rolls-Royce in the Eastern District of Virginia. The technology at issue related to the jet engines (particularly the fan blades) used on the world's largest airplane, the Airbus A380, as well as a host of other airplanes. Rolls-Royce sought almost $4 billion in damages
an injunction preventing further sales of the accused engines. The Court granted summary judgment in United Technologies' favor, finding that United Technologies' engines did not infringe the Rolls-Royce patent. This ruling was the culmination of a string of successes in which United Technologies also won summary judgment of no willful infringement (by which Rolls-Royce was seeking treble damages up to over $11 billion)
the Court struck Rolls-Royce's damages theory. Lind argued each of these motions to the Court. UTC, Bartlit Beck put brakes on Rolls-Royce's $4 B IP suit
Judge Tosses Rolls-Royce Infringement Megasuit Against UTC over Airbus Engines
Benchmark Litigation, 2012, Litigation Star - Chris Lind.
Confidential AAA Arbitration (Dallas, Tex.)
Lead trial counsel for Big Four accounting firm in AAA arbitration against principals of multi-billion dollar investment firm
former executives of Fortune 100 company. Plaintiffs alleged our client's tax shelter advice led to hundreds of millions of dollars in damages. Lind was hired shortly before trial.
Metropolitan Mortgage & Securities Litigation (Seattle
Spokane, Washington)
Represented Ernst & Young in federal securities class action suit
related arbitrations surrounding the collapse
bankruptcy of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate
insurance conglomerate. Plaintiffs alleged accountants' negligence relating to audit work. Won back-to-back complete defense verdicts in separate trials involving claims for hundreds of millions in investment losses brought by Metropolitan's insurance subsidiary
the bankrupt estate. Class action case settled favorably shortly before trial.
Honeywell International, Inc. v. Hamilton Sundstr
Corporation (D. Del.)
Lead trial counsel for United Technologies' Hamilton Sundstr
division in patent infringement matter involving patents on methods for controlling surge in auxiliary power units used on large commercial airplanes. Hired to try case relating to Festo issue after case rem
ed to trial court. Won complete defense judgment
reversal of prior $46.5 million jury verdict. Affirmed by Federal Circuit
cert. denied by U.S. Supreme Court. Honeywell $46.58 Million Jury Verdict Overturned
Honeywell International, Inc. v. Hamilton Sundstr
Corporation (D. Del.)
Lead trial counsel in successful defense of United Technologies' Hamilton Sundstr
division in a patent infringement trial. Honeywell alleged that Hamilton Sundstr
infringed a patent relating to the starting of an Auxiliary Power Unit for an airplane. Honeywell sought $135 million in damages (including interest
treble damages). Jury verdict in client's favor, finding that Hamilton Sundstr
did not infringe Honeywell's patent
that the patent was invalid.
Viskase Corporation v. American National Can Co. (N.D. Ill.)
Obtained largest patent infringement damages judgment of the year,
reportedly one of largest patent judgments of all time (at the time). Represented Viskase in patent infringement matter involving patents on biaxially oriented heat shrinkable polyethylene films used in the meat packing industry. Hired as trial counsel after Court vacated original jury award. Won summary judgment of infringement
reinstatement of original damage award, plus enhanced damages for willful infringement. Damages of over $164 million awarded to client. Case settled while on appeal, after judgment for Viskase.
Erricos v. Stryker Corp. (S.D.N.Y.
Kalamazoo County, MI)
Lead trial counsel for Stryker in breach of contract action stemming from Stryker's acquisition of SpineCore, Inc., a developer of artificial spinal discs. Plaintiffs alleged approximately $250 million in damages. Won summary judgment, after which case settled favorably.
Confidential AAA Arbitration (Minneapolis, MN)
Lead trial counsel for Big Four accounting firm in AAA arbitration against hotel developer. Plaintiff alleged accountants' negligence in advising on ESOP
other tax issues. Case settled favorably during trial after cross-examination of Plaintiffs' witnesses.
Creeden & Associates v. Infosoft (N.D. Ill.)
Lead trial counsel for manufacturers' representative company in litigation involving misappropriation of trade secrets, copyright infringement
breach of contract relating to computer software. Hired to try case ninety days before trial. Jury trial with judgment entered in client's favor.
Confidential AAA Arbitration (Washington D.C.)
Lead trial counsel for Big Four accounting firm in AAA arbitration against venture capital firms claiming $100 million in damages. Plaintiffs alleged accountants' negligence regarding due diligence
audit work in connection with large private acquisition. Complete defense verdict in client's favor.
ICU Medical v. RyMed Technologies (D. Del.)
Representing RyMed in patent infringement matter involving patents related to needleless IV valves. Hired as lead counsel 60 days before jury trial to replace existing counsel. Jury rendered inconsistent verdict, after which both parties moved for a new trial. Verdict of no infringement in retrial.
Mybrary LLC v. Lifetime Memori, Inc. (N.D. Ill.)
Lead counsel for start-up app
web developer in trademark infringement suit against online photo storage company relating to its Trunx mark, which infringed client's Trunq mark. Obtained injunction preventing all uses of infringing mark
requiring withdrawal of app
website.
Nicor v. Associated Electric & Gas Insurance Services, Ltd. (Circuit Court of Cook County, Illinois)
Represented Nicor in claim against various insurance companies relating to insurance coverage for mercury spills. Summary judgment granted, leading to stipulated judgment in client's favor entitling client to insurance coverage relating to $100M clean up. Argued appeals before Illinois Appellate Court
Illinois Supreme Court.
B.J. Services v. Halliburton Energy Services (S.D. Tex.)
Represented Halliburton in patent infringement matter involving a patent on methods for fracturing subterranean formations to stimulate oil
gas recovery. Hired to try case ninety days before trial, after all discovery
pre-trial filings were complete. After month-long jury trial, judgment for BJ Services for less than 25% of damages sought.
BISSELL Inc. v. Oreck (W.D. Michigan
E.D. Louisiana)
Represented BISSELL in multiple patent
trade dress infringement
unfair competition actions. Won bench trial defeating Oreck's request for a preliminary injunction. Successfully argued appeal in the Federal Circuit. Oreck settled all cases shortly after summary judgment arguments in two of the cases.
Hoover Co. v. BISSELL Inc. (N.D. Ohio)
Represented BISSELL in patent infringement
trade dress litigation involving Hoover patents on upright deep cleaning extractors, commonly referred to as steam cleaners. BISSELL brought an antitrust counterclaim. Case tried to jury. Hoover settled during trial after BISSELL rested its case.
United Technologies Corporation v. Chromalloy Gas Turbine Corporation (Tex.)
Represented Pratt & Whitney division of United Technologies in suit brought by Chromalloy Gas Turbine alleging various antitrust violations in the repair market for aircraft engines. After four-month trial, jury awarded Chromalloy no damages.
OTHER REPRESENTATIVE CASES: American Airlines v. Gogo(Tarrant County, Texas)
Lead counsel for Gogo in contract dispute American Airlines brought against Gogo relating to Gogo's provision of in-flight wireless services to American. Suit was voluntarily dismissed.
Various Plaintiffs v. Citadel (S.D.N.Y.)
Trial Counsel for Citadel in various purported securities class actions brought against exchanges, broker/dealers
high-frequency trading firms. Cases pending.
Hill-Rom Co. v. Stryker Corp. (W.D. Wis.
S.D. Ind.)
Lead Trial Counsel for Stryker in patent infringement actions involving over 20 patents relating to communication networks used on hospital beds
motorized stretchers. Cases pending.
Confidential Arbitration
Representing Fortune 500 medical device manufacturer in dispute with private equity firm stemming from the firm's acquisition of client's subsidiary. Case settled favorably.
Morgan Stanley v. Discover Financial Services (N.Y.)
Represented Discover in dispute concerning division of proceeds from Discover's recovery of $2.75 billion in a settlement ending antitrust litigation against Visa
MasterCard. Morgan Stanley
Discover disputed what portion of the settlement proceeds were due Morgan Stanley, which spun off Discover while the antitrust suit was pending. Case settled before trial with Morgan Stanley agreeing to an approximately $85 million reduction in its share of the proceeds.
Edge Capture v. Citadel Investment Group (N.D. Ill.)
Represented Citadel in patent infringement matter involving patents related to automated trading systems in electronic exchanges. Case settled before trial.
BISSELL Inc. v. Hoover (N.D. Ill.
W.D. Mich.)
Represented BISSELL in false advertising claims pending in federal court in Illinois
Michigan. Hired as lead trial counsel three weeks before preliminary injunction trial. Case settled night before opening statements.
Edison Mission Energy, Midwest Generation (Illinois Property Tax Appeal Board)
Represented Edison Mission Energy's Midwest Generation division in appeal of property tax assessment of largest non-utility electricity generation plant in the United States before the Illinois Property Tax Appeal Board
argued appeal before Illinois Court of Appeals.
Sabre Inc.
Sabre Travel International Ltd. v. Northwest Airlines, Inc. (N.D. Texas)
Represented Sabre in prosecuting breach of contract claim involving its computerized reservation system used by travel agents,
in defending against antitrust claims by Northwest. Case settled favorably.
Lavaflow v. Samsung Electronics Company, et al. (N.D. Ill.)
Lead counsel for Samsung in patent infringement case involving patent relating to cellular phone touch screen technology. Case settled favorably.
Ditzik v. Samsung Electronics America, Inc., et al. (E.D. Michigan)
Lead trial counsel for Samsung in patent infringement case involving patents relating to portable personal computers with adjustable flat panel displays. Hired after close of discovery for Markman hearing
trial. Case settled on favorable terms.
Hoover v. BISSELL Inc. (N.D. Ohio)
Lead trial counsel for BISSELL in patent infringement
trade dress matter regarding vacuum cleaner technology. Case settled favorably before trial.
Chan
Data Innovation LLC v. Time Warner Cable, et al. (W.D. Tex.)
Represented inventor
patent owner in patent infringement matter involving patents on information distribution system relating to technology used in the provision of high-speed cable modem internet access
interactive television services. Case settled favorably.
United States v. Microsoft (D.D.C.)
Special Government Counsel to the United States in antitrust enforcement action against Microsoft. Represented Department of Justice in litigation
Tunney Act hearings.
Lee v. RN Interactive (N.D. Ill.)
Represented book author as lead trial counsel in copyright matter against corporation regarding publishing rights. Case settled favorably with royalty to client.
Honeywell International, Inc. v. Goodrich Corporation (D. Del.)
Represented Goodrich in patent infringement matter involving patents on aircraft Terrain Awareness Warning Systems ( TAWS ), which provide pilots with warnings of possible collision hazards in aircraft's flight path. Case settled prior to trial.
Royal Appliance Manufacturing Co. v. BISSELL Inc. (N.D. Ohio)
Lead trial counsel for BISSELL in patent infringement matter involving cyclonic vacuum cleaner technology. Hired shortly before Markman hearing
trial to present claim construction case to the Court. Case settled favorably prior to trial.
Recycling Sciences v. Raytheon Co., et al. (N.D. Ill.)
Represented Raytheon in patent infringement matter involving patents relating to soil remediation equipment
processes. Case settled favorably.
Kreamer v. Medtronic, Inc. (W.D. Wisc.)
Represented Dr. Jeffry Kreamer, inventor of stent graft used to treat weakened blood vessels
aneurysms in patent infringement suit against Medtronic. Case settled shortly before trial.
Siemens v. LG Semicon/Hyundai (D. Del.
N.D. Cal.)
Represented Siemens' Infineon division in patent infringement litigation involving patents on DRAM semiconductor memory chip technology. Hyundai settled shortly before trial.
Alpha Therapeutic Corporation v. Allianz Underwriters Insurance Company, et al. (Cal.)
Represented Alpha in insurance coverage declaratory judgment action involving over 35 policies written by numerous insurers
$375 million in coverage. Appeals court held that Alpha was entitled to the coverage sought.
Cordis Corporation v. Guidant Corp.
Advanced Cardiovascular Systems, Inc. (D. Del.)
Represented Cordis Corporation in patent infringement matter involving Cordis patents on nylon balloon technology for angioplasty catheters. Case settled prior to trial.
Cordis Corporation v. SciMed Life Systems, Inc. (D. Minn.)
Represented Cordis Corporation, a subsidiary of Johnson & Johnson, in two patent infringement matters involving Cordis patents on nylon balloon technology for angioplasty catheters
SciMed patents on various parts of angioplasty catheters
stent delivery systems. Case settled after SciMed acquired a Cordis licensee.
Eichrom Industries v. Calgon Carbon Corp.
Advanced Separation Technologies (N.D. Ill.)
Represented Eichrom as lead trial counsel in breach of contract action concerning contract for the supply of ionic separation equipment used to separate unwanted iron from copper electrolyte in the copper mining industry. Case settled with payment to Eichrom.
Wokas v. Dresser Industries (N.D. Ind.)
Represented the Wayne Division of Dresser Industries, Inc. in patent infringement action in which individual inventor, Albert Wokas, claimed that Wayne's gasoline vapor recovery system infringed his 1979 patent on gasoline vapor emission control systems. Wokas settled at trial, shortly before opening statements.
Amana Refrigeration, Inc. v. Quadlux, Inc. (N.D. Iowa)
Represented Amana in mediation in connection with declaratory judgment suit against Quadlux concerning Quadlux patents on technology used in commercial
residential light ovens. Mediator found Amana did not infringe Quadlux patents.
First Olefins Limited Partnership v. Phillips Petroleum Company (Del. Ch.)
Defended Phillips Petroleum in preliminary injunction action concerning Phillips' rights to undertake a $105 million project to increase the output of an ethylene facility in Sweeny, Texas over its partner's objection. Expedited discovery compressed into five-week period. Preliminary injunction denied.
United Technologies Corp. v. Precision Technologies, Inc. (W.D. Wis.)
Represented United Technologies in preliminary injunction/temporary restraining order action against a supplier threatening to disclose United Technologies' trade secrets. Defendant agreed to consent order after Complaint filed.
