Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Confidential AAA arbitration (Seattle, WA)
Trial counsel for aerospace manufacturer in a two-week AAA arbitration before a panel of three arbitrators. The hearing involved direct examinations. The proceedings
outcome are confidential.
Confidential AAA Arbitration (Chicago, IL)
Defense of a $200 million breach of contract claim brought by a large financial institution over an infrastructure asset. The case involved complex damages
causation issues.
Greater New York Automobile Dealers Association, et al. v. Tesla Motors, Inc., et al. (N.Y. Sup. Ct.)
Representing Tesla Motors, Inc. in action by Greater New York Automobile Dealers Association. New York Supreme Court dismissed action by GNYADA
Brian Miller on grounds that they had no franchise relationship with Tesla
therefore no st
ing to sue. Court also denied the request by the New York State Automobile Dealers Association to join the case as a plaintiff.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals Inc. v. Teva, et al. (N.D. Ill.)
Counsel for Bayer in Lanham Act false advertising
patent infringement case arising out of Teva's launch of a generic version of Bayer's YAZ oral contraceptive
product literature claiming that Teva's generic contains Bayer's patented betadex clathrate formulation. Bayer moved for a temporary restraining order on June 15, 2010. On June 16, the Court heard argument. Teva contended that Bayer could not show likelihood of success on the merits of its claims
that Bayer was not entitled to emergency relief. During proceedings, the Court read a tentative ruling finding that Bayer was entitled to a TRO. Teva agreed to remedial measures including a weekly e-mail blast for three months directed at pharmacists
calling attention to its false prescribing information. Court entered agreed order regarding these remedial measures
required compliance reporting from Teva.
Nicor Gas Co. v. Glenbrook Excavating
Concrete, Inc. (Circuit Court, DuPage County 2010)
Represented public utility company seeking to recover damages caused to four underground gas lines. Co-chaired three-day jury trial. Jury found for Nicor, awarding 95% of damages requested.
REPRESENTATIVE CASES: John Crane Inc. v. Schein Law Group
John Crane, Inc. v. Simon Greenstone Panatier Bartlett
Counsel for John Crane as plaintiff in civil RICO litigation arising out of alleged fraud in connection with asbestos injury litigation
corresponding claims under asbestos bankruptcy trusts. (Northern District of Illinois)
Bayer CropScience LP v. BASF SE (E.D. Va.)
Counsel for Bayer in Declaratory Judgment action seeking declaration that BASF's patent relating to polymorphic forms of the compound tembotrione is invalid. Case settled soon after complaint was filed.
WeightSmart Litigation
National counsel for Bayer in consumer fraud class action lawsuits relating to OneADay vitamins. Successfully defeated nationwide class certification motion under New Jersey Consumer Fraud Act. The District Court later certified a Florida-only class. The Third Circuit took the 23(f) appeal
reversed
rem
ed the District Court based on Bayer's argument that the class was not ascertainable.
Las Vegas Hepatitis C Litigation (District Court, Clark County, Nevada)
Counsel for Defendants. Litigation encompassed over 40 individual cases, pending before 20 different judges in state court in Las Vegas. Plaintiffs were individuals who claimed to have contracted Hepatitis C during endoscopy procedures performed at clinics that were on Defendants' networks of approved healthcare providers. Defendants were health plans
other entities affiliated with United Healthcare. Bartlit Beck tried one case ( Martin v. PacifiCare of Nevada, et al. ), resulting in a favorable jury verdict
subsequent settlement of half of the pending cases. Bartlit Beck began trying a second case ( Paul v. Health Plan of Nevada, et al. ), which settled during trial.
Rolls-Royce v. United Technologies (U.S. District Court, E.D. Va.)
Represented United Technologies
its Pratt & Whitney division in an alleged multi-billion dollar patent case brought by Rolls-Royce. 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. In addition, the Court struck Rolls-Royce's damages theory. I worked on United Technologies' defense on damages, in particular the application of the Entire Market Value Rule. Prior to the summary judgment decision, the Court struck Rolls-Royce's nearly $4 billion damages theory.
Neology v. Federal Signal
3M (U.S. District Court, D. Delaware
International Trade Commission)
Counsel (along with my partners Adam Mortara
Hamilton Hill ) for Federal Signal
3M defending patent infringement suits brought by Neology relating to various RFID technologies. Neology originally sued Federal Signal in the District of Delaware
moved for a preliminary injunction. After an evidentiary hearing
oral argument, we defeated Neology's preliminary injunction motion. While District Court case proceeded, Neology also brought an action against Federal Signal
3M in the International Trade Commission. Both matters settled before trial.
Bayer v. Warner Chilcott, No. 12-1032-GMS (D. Del.)
Lead counsel (along with partner Andrew MacNally ) in patent infringement lawsuit involving Warner Chilcott's LoLoestrin oral contraceptive.
Hill-RomService, Inc. v. Stryker Corporation (S.D. Ind.)
Represented Stryker in patent infringement action relating to Stryker's hospital beds
stretchers. Hill-Rom asserted 10 patents claiming that Stryker's Zoom Drive System on four of its hospital beds/stretchers infringed. Case settled favorably for Stryker.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Watson Labs, et al. (D. Nev.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptive YAZ. The district court granted Bayer's motions for summary judgment of validity, infringement,
enforceability. Bayer's claims for damages are pending.
Bayer Schering Pharma AG, et al. v. Lupin Ltd., et al. (D. Nev.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptive YAZ. The district court granted Bayer's motions for summary judgment of validity.
Swift Transportation Co. v. Ernst & Young (Ariz. State Court)
Represent Ernst & Young in accounting malpractice action stemming from merger between Swift Transportation Company
M.S. Carriers, Inc.
