Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Confidential AAA Arbitration (2016)
Together with Phil Beck, represented a Fortune 100 company in a confidential, multi-billion dollar dispute. The two-week arbitration hearing included testimony from numerous senior executives
expert witnesses. Obtained complete victory for our client.
Confidential AAA arbitration (2015)
Lead counsel for manufacturer in a two-week AAA arbitration hearing before a panel of three arbitrators. The hearing involved opening statements, cross examinations (including cross without prior deposition), direct examinations,
closing arguments. The proceedings
outcome are confidential.
Chicago Loop Parking v. City of Chicago (AAA arbitration 2012)
Lead counsel pro bono for the City of Chicago in an arbitration that Chicago Loop Parking (Morgan Stanley) brought against the City in connection with the Millennium Park Garages. In 2006, Morgan Stanley paid the City $563 million in exchange for a 99-year concession to operate the garages under Millennium Park
Grant Park on the City's lakeshore. Morgan Stanley filed a claim in arbitration for $200 million related to the City's permitting the Aqua building (North of Millennium Park) to accept parkers whose destinations are outside of the Aqua building itself. The arbitration hearing was held in October 2012 before a panel of three arbitrators. The Panel rejected Morgan Stanley's claim for $200 million
awarded $50.4 million in damages plus prejudgment interest.
Millennium Labs. v. Ameritox (District of Maryl
2012)
Lead counsel for defendant Ameritox in a Lanham Act false advertising case concerning Ameritox's advertisements for its Rx Guardian urine drug testing services. After four-weeks of trial
argument in Baltimore before Judge Benson Legg,
including a two-week trial before an advisory jury, the parties entered into a consent order to end the dispute. Immediately thereafter, however, Millennium issued a press release with misleading statements
Ameritox obtained ex-parte a temporary restraining order that very day. Following overnight briefing, the Court converted the restraining order into an order of preliminary injunction. Millennium appealed
the case settled.
Express Scripts v. Walgreen Co. (Northern District of Illinois
American Arbitration Association 2011)
Lead counsel for Walgreens in an action that pharmacy benefit manager Express Scripts brought in Federal Court seeking to enjoin Walgreens' I choose Walgreens communications
website campaign. Walgreens
Express Scripts are parties to a contract that expired at the end of 2011. When their contract renewal negotiations failed, Walgreens began communicating to Walgreens' patients whose insurance coverage is administered by Express Scripts that Walgreens would not likely be a part of the Express Scripts pharmacy network in 2012. Express Scripts sued to shut down such communications. Walgreens successfully moved to compel arbitration pursuant to the parties' contract
a preliminary injunction hearing ensued before an AAA arbitrator. On Sunday, October 16, 2011, the arbitrator in the Express Scripts-Walgreens matter issued a ruling denying both parties' requests for preliminary injunctive relief. After the ruling, Walgreens continued its I choose Walgreens campaign. Later, prior to the hearing on the merits, the parties agreed to dismiss their respective claims. No other action has been or will be taken by either party with respect to this case.
In re Ciprofloxacin Hydrochloride Antitrust Litigation (Eastern District of New York 2005
Federal Circuit 2008
Superior Court of California, San Diego 2009
Second Circuit 2010, 4th District California Court of Appeal 2011)
Together with Fred Bartlit, lead counsel for Bayer AG
Bayer Corporation in nationwide class action antitrust litigation in connection with Bayer's settlement of patent litigation against Barr Laboratories. Bayer owns the patent on Cipro, one of the world's leading antibiotics. Barr sought approval from the FDA for a generic version of Cipro
, pursuant to the Hatch-Waxman statute, Bayer sued Barr in the Southern District of New York. On the eve of trial in January 1997, Bayer
Barr settled with Bayer making payments amounting to $398 million. Bayer defeated three later generic challenges (Bartlit Beck lawyers Fred Bartlit
Mark Levine represented Bayer).
The antitrust plaintiffs contend that it was an antitrust violation for Bayer to pay Barr to settle Hatch-Waxman litigation. The MDL proceeding was before Judge David G. Trager in the Eastern District of New York. Wrote Bayer's brief in opposition to plaintiffs' motion for partial summary judgment that Bayer's payment was a per se antitrust violation. Judge Trager ruled in Bayer's favor
adopted Bayer's analytical framework for analyzing Hatch-Waxman settlements (261 F. Supp. 2d 188). Thereafter, the Eleventh
Second Circuit adopted Judge Trager's reasoning (402 F.3d 1056
466 F.3d 187).
Following the per se ruling, Judge Trager invited Bayer to file a motion for summary judgment. Wrote Bayer's briefs,
Judge Trager granted Bayer's motion (363 F. Supp. 2d 514). Plaintiffs appealed to the Second Circuit, which transferred the Indirect Purchaser Plaintiffs' (the consumers') appeal to the Federal Circuit due to an alleged state-law Walker Process-type claim based on fraud on the Patent Office. Wrote Bayer's appellate briefs in the Second
Federal Circuits. Both Circuits affirmed Judge Trager's decision
adopted his reasoning (544 F.3d 1323 (Fed Cir. 2008)
604 F.3d 98 (2d Cir. 2010)). The Supreme Court denied certiorari in both appeals,
the MDL federal litigation has concluded in Bayer's favor.
Wrote Bayer's briefs
conducted oral argument in suppor t of Bayer's motion for summary judgment in the Superior Cour t of the State of California, County of San Diego. Judge Strauss granted Bayer's motion, which the California Court of Appeal (4th District) affirmed in a unanimous opinion. Wrote Bayer's appellate brief
argued the appeal. Bayer settled the California case shortly before the U.S. Supreme Court issued its opinion in FTC v. Actavis, in which the high court reversed the federal scope of the patent test that Judge Trager first articulated in the Cipro case.
Bayer Schering v. Barr (District of New Jersey 2007
Federal Circuit 2009)
Lead counsel for Bayer Schering in ANDA IV Hatch Waxman litigation against Barr Laboratories. Barr sought to market a generic version of Bayer Schering's oral contraceptive Yasmin, which was the leading br
oral contraceptive in the world. Bayer Schering sued Barr in the United States District Court for the District of New Jersey for infringement of a Bayer Schering formulation patent covering Yasmin. Barr stipulated to infringement. On December 4, 2007, Judge Peter Sheridan completed a bench trial on Barr's invalidity challenge. He found the patent invalid due to obviousness (2008 WL 628592). Barr's CEO, Bruce Downey, told the Investors Business Daily that [t]he unique thing about the Yasmin trial is that it was tried by the best guy trying cases for the generics industry
the best guy trying cases for the br
ed industry. So it was a heavyweight fight. It was like Ali
Frazier. Argued appeal before the Federal Circuit Judges Newman, Mayer
Friedman. In a 2-1 opinion, with Judge Newman dissenting, the majority affirmed Judge Sheridan's obvious to try ruling (2009 WL 2385095).
Morgan Stanley v. Chubb, et al. (Superior Court of New Jersey 2005)
Lead counsel for Morgan Stanley as the insured in insurance coverage litigation in New Jersey state court. An investment advisor fraudulently instructed Morgan Stanley to sell off a client portfolio
to deliver the proceeds to entities associated with the late Robert Maxwell. The client sued Morgan Stanley for the resulting loss
the case settled. Morgan Stanley sought coverage pursuant to an Electronic Computer Crimes Policy that it purchased from defendant insurance companies. The trial court granted the insurers' motion for summary judgment on the ground that the policy covered only fraud by an imposter, not fraud by the investment advisor. Argued appeal
obtained reversal
rem
(2005 WL 3242234). The case settled thereafter.
Weilert v. Baan Company (Northern District of Illinois 2004)
Lead counsel for Baan Company in a $100 million stock option -- breach of contract action brought against it in the Northern District of Illinois by Ronald Weilert, former CEO of Baan's American operations. Weilert alleged that Baan's offer letter granted him a guaranteed option on 2% of Baan. He alleged that under the terms of his offer letter, continued employment was not a condition to the vesting of his option, which was subject to Baan's st
ard five-year vesting schedule. Baan terminated Weilert after eight months on the job
before Baan implemented its company stock plan. On the eve of trial, the Court asked Baan to file a cross-motion for summary judgment. The Court later ruled in Baan's favor, granting summary judgment against the plaintiff. The case settled thereafter.
Fix v. Quantum (Northern District of Illinois 2004)
Lead counsel for Quantum Industrial Partners, a Soros holding company that owned Outboard Marine Company, in connection with a breach of contract action brought against it by Outboard Marine's CEO, Roger Fix. Fix contended that his employment contract entitled him to a $5 million equity upside payment in the event of bankruptcy on the ground that the sale of assets in bankruptcy was a change in control that triggered his upside payment. Fix won summary judgment in the trial court. Argued appeal in the Seventh Circuit before Judges Ripple, Manion
Evans. The appellate court affirmed (374 F.3d 549).
SK H
Tool v. Dresser (Circuit Court of Cook County, Illinois 1998)
Together with Phil Beck, represented defendant Dresser on rem
for a trial on damages only. In a first trial that another firm h
led, the jury awarded plaintiffs $4 million in compensatory
$50 million in punitive damages for fraud in the sale of Dresser's h
tool division. Dresser hired Bartlit Beck to h
le the post-trial motion
appeal. The Illinois Appellate Court, First District, reversed the damages awards
rem
ed for a new trial on damages only. On rem
, the trial judge resurrected the original $50 million in punitive damages subject to post-trial review. At the trial on rem
in October 1998, plaintiffs sought $40 million in compensatory damages. At trial, conducted key cross-examinations of plaintiff Corcoran
of plaintiffs' damages expert. The jury awarded $1. Trial Judge Ken Gillis granted Dresser's post-trial motion
reduced the original $50 million in punitive damages down to $650,000. Dresser paid the $650,001 judgment. Several articles chronicle Dresser's success: Corporate Counsel Magazine (July 1999), The Trial Lawyer's Guide (Vol. 42, No. 2 1998),
the National Law Journal (April 19, 1999) (honorable mention defense verdict for 1998).
Swiss Bank v. Dresser (Northern District of Illinois
Seventh Circuit 1998)
Lead counsel for Dresser Industries in a breach of contract action in which Swiss Bank alleged Dresser breached a stock warrant agreement. Judge James B. Zagel of the Northern District of Illinois granted Dresser's motion to dismiss. Argued appeal to the Seventh Circuit before Judges Posner, Easterbrook
Evans. Affirmed, with opinion by Judge Posner (141 F.3d 689).
Murphy v. United Technologies (Circuit Court, Palm Beach, Florida 1996)
Together with Phil Beck, represented United Technologies in a fraud/tortious interference with prospective advantage suit concerning sale of plaintiff's business, remote controlled stealth boats, to a third party. We tried the case to a jury in state court in Palm Beach County, Florida. Conducted direct
cross-examination of half of the witnesses. After the five week trial, the jury returned a complete defense verdict. The National Law Journal reported the victory as one of the top defense verdicts for 1996.
Castrol v. Pennzoil (District of New Jersey
Third Circuit 1993)
Represented Castrol in a false advertising suit against Pennzoil. In its national ad campaign, Pennzoil claimed its oil outperformed all other leading oils against viscosity breakdown. Second-chaired bench trial before Judge Alfred M. Wolin in the District of New Jersey, who permanently enjoined Pennzoil's ads because they were literally false. The Third Circuit affirmed (987 F.2d 939).
Castrol v. Quaker State (Southern District of New York
Second Circuit 1992)
Represented Castrol in a false advertising suit against Quaker State. In its national ad campaign, Quaker claimed that its oil protected better against wear during start-up. Second-chaired bench trial before Judge Charles S. Haight, Jr. of the Southern District of New York, who found Quaker's claim to be literally false. The Second Circuit affirmed the preliminary injunction (977 F.2d 57)
Quaker ab
oned the campaign.
OTHER REPRESENTATIVE CASES: Intellectual Property Litigation
Cross Match Technologies, Inc. v. Integrated Biometrics, LLC (Northern District of Illinois 2017)
Co-lead counsel for Integrated Biometrics defending a patent infringement suit that competitor Cross Match filed in which it alleged that Integrated Biometrics' fingerprint scanners infringe four Cross Match patents. The case is in early discovery.
Proprietect v. Johnson Controls, Inc. (Eastern District of Michigan 2013-2014)
Co-lead counsel for Defendant Johnson Controls, Inc. in a patent infringement action regarding foam molding technology used in automotive seat manufacturing. Argued Markman Hearing
the case settled before discovery began in earnest.
Bayer HealthCare LLC v. Zoetis Inc. (formerly, Pfizer Inc.)(Northern District of Illinois 2012-2014)
Lead counsel for Bayer in a patent infringement action against Zoetis Inc., which is a spin-off of Pfizer's animal health division. Bayer has asserted a patent covering Zoetis's product ADVOCIN, which the FDA has approved as a single high dose treatment for bovine respiratory disease. Bayer defeated Zoetis's (Pfizer's invalidity challenge, winning summary judgment that Bayer's patent was valid as a matter of law. The parties settled the case thereafter.
Bayer Schering Pharma AG v. Teva, et al. (Northern District of Illinois 2010)
Lead counsel for Bayer in Lanham Act false advertising
patent infringement case arising out of Teva's launch of a generic version of Bayer's YAZR 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 an agreed order regarding these remedial measures
required compliance reporting from Teva. The case has since settled.
Bayer HealthCare LLC v. Abbott Laboratories, et al. (District of Massachusetts 2010)
Lead counsel for Bayer in a patent infringement action Bayer brought for damages in connection with Abbott's flagship drug, Humira. Argued Markman Hearing
the case settled thereafter pending appeal of the district court's Markman rulings to the Federal Circuit.
Novartis v. Bayer HealthCare et al. (Eastern District of Texas 2009)
Lead counsel for Bayer HealthCare in patent infringement suit brought against it by Novartis in the United States District Court for the Eastern District of Texas, Marshall Division. Novartis alleged that Bayer Healthcare's Kogenate product used in the treatment of hemophilia infringed a Novartis patent on recombinant Factor VIII concentrate. The case has settled.
Bayer Schering v. Watson
S
oz (District of Nevada
Southern District of New York 2009)
Lead counsel for Bayer Schering in ANDA IV Hatch Waxman litigation against Watson Laboratories
S
oz, Inc. Watson
S
oz seek to market generic versions of Bayer Schering's oral contraceptives Yasmin
YAZ, which have been the best-selling br
oral contraceptives in the United States. Bayer Schering sued Watson
S
oz in the United States District Court for the District of Nevada for infringement of Bayer Schering patents covering the YAZ 24-day pill-taking regimen. The Court granted Bayer's motion for summary judgment of infringement
validity. The generic defendants have appealed to the Federal Circuit. Bayer Schering sued Watson
S
oz in the Southern District of New York for infringement of a Bayer Schering patent covering Yasmin. Bayer lost a motion to dismiss on the ground that the patented method was not described fully in the indications
usage section of the FDA approved label,
that description of the patented method in the clinical pharmacology section of the FDA approved label did not evidence FDA approval of the patented method. Argued appeal to the Federal Circuit, which affirmed.
Aventis Behring v. Bayer HealthCare
Bayer Corporation (District of Pennsylvania 2007)
Lead counsel for Bayer in this breach of contract
patent litigation in Pennsylvania state
federal court relating to recombinant Factor VIII concentrates used in the treatment of hemophilia. Obtained bifurcation for an early trial of Bayer's license defense to Aventis's infringement action, after which the parties reached a settlement.
GenProbe v. Bayer HealthCare
Bayer Corporation (Southern District of California 2006)
Lead counsel for Bayer HealthCare's diagnostic division in patent infringement suits related to GenProbe patents on nucleic acid detection assays. The cases settled favorably to Bayer.
Pinpoint v. Amazon.com (Northern District of Illinois 2004-2005)
Lead counsel for owner of patents on personalization technology
intelligent recommender systems in patent suit against Amazon.com in the Northern District of Illinois. Conducted technical tutorial
Markman Hearings on the meaning of disputed patent claim terms before Judge Suzanne B. Conlon
before Seventh Circuit Judge Richard A. Posner (sitting as a trial judge by designation), when he revisited Judge Conlon's construction. Deposed Amazon founder, Jeff Bezos. Pinpoint gave Amazon a statement of non-liability under two of the patents in suit following Judge Posner's reversal of Judge Conlon's claim construction.
Genlyte v. Acuity Br
s (Northern District of Kentucky 2003)
Lead counsel for Lithonia Lighting, a division of Acuity Br
s, in a patent infringement suit brought against it in the Northern District of Kentucky (Louisville) by competitor Genlyte. Took over case shortly before trial following adverse summary judgment ruling on infringement. Conducted presentation on the merits before Magistrate Judge, who settled the case on terms favorable to Acuity Br
s.
Guidant v. Boston Scientific (Northern District of Illinois 2003)
Lead counsel for Guidant in patent litigation against Boston Scientific in the Northern District of California. Guidant sued Boston for infringing its patent on laser-cut coronary stents. The matter settled as part of a global settlement of all patent litigation between the companies.
Honeywell v. Goodrich Avionics (District of Delaware 2003)
Lead counsel for the Avionics Division of Goodrich Corporation in a patent infringement suit brought against it by Honeywell in the District of Delaware before Judge Joseph J. Farnan, Jr. The technology concerned terrain warning
awareness systems for aircraft. The case settled prior to claim construction.
Crown, Cork & Seal Technologies, Corp. v. Continental PET Technologies (District of Delaware 2002)
Lead counsel for Continental in an infringement suit in the District of Delaware. Crown alleged that Continental's plastic beer bottles infringed a Crown patent on oxygen scavenging technology. The case was stayed pending resolution of a contractual issue between Crown
Chevron, from whom Continental claimed a license. During resolution of that dispute, Bartlit Beck was conflicted out of the representation.
American National Can v. Continental PET Technologies (District of Connecticut 2000)
Lead counsel for Continental in a patent infringement suit in the District of Connecticut (New Haven) in which American National Can claimed Continental's clear
recyclable squeeze bottle for Heinz ketchup,
several other Continental containers, infringed various ANC patents on simultaneous injection blow-molding technology. Conducted week-long Markman Hearing with witnesses before Special Master, Don W. Martens, concerning the meaning of the asserted patent claims. The matter settled.
Schlumberger Technology Corporation v. Sperry-Sun Drilling Services (Southern District of Texas 1998)
Represented a Dresser Industries subsidiary in an infringement suit in the Southern District of Texas. Schlumberger alleged that Dresser infringed its patent on oilfield measurement while drilling technology. Dresser countersued for Schlumberger's infringement of its patent on directional drilling. The parties settled as part of an international settlement.
Wokas v. Dresser (Northern District of Indiana 1997)
Represented the Wayne Division of Dresser Industries in a 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. Conducted week-long Markman Hearing with witnesses before Judge William C. Lee of the Northern District of Indiana, Ft. Wayne Division, concerning the meaning of the asserted patent claims. Wokas settled on the courthouse steps before the jury trial began.
Hampton v. Guare
Lincoln Center Theater (Supreme Court, New York County 1992)
Represented Lincoln Center in a right of publicity suit filed against it by David Hampton, the con man upon whose life the hit John Guare play, Six Degrees of Separation, is based. Lincoln Center's motion to dismiss was granted by the New York State trial court. Hampton did not appeal.
Combustion Engineering / Mitsubishi Heavy Industries (Arbitration 1992)
Represented Mitsubishi Heavy Industries ( MHI ) in a potential arbitration in which MHI prepared to defend itself from claims of misappropriation of trade secrets in connection with the expiration of a license agreement between Combustion Engineering
MHI concerning industrial boiler technology. Spent one week in Japan touring MHI's boiler works
interviewing technology specialists. The matter was resolved without resort to arbitration.
Georg Fischer v. Sintokogio (Southern District of New York 1991)
Represented Sintokogio, a Japanese manufacturer of impact molding machines, in a patent infringement action filed against it by competitor, Georg Fischer. Spent two weeks in Toyokawa, Japan coordinating Sintokogio's document production. The matter settled shortly thereafter.
Business Torts Litigation
Crescent Resources Litigation Trust v. Duke Energy (Western District of Texas 2013)
Lead counsel for Duke Energy in a $1.2 billion fraudulent conveyance case brought against it by a litigation trust created out of the bankruptcy of Duke's former wholly-owned real estate development subsidiary, Crescent Resources. Defended deposition of Duke Energy's CEO, after which the case settled on favorable terms when co-counsel at Fulbright successfully obtained a partial summary judgment dismissing the majority of federal fraudulent conveyance claims.
Norcross Safety Products v. Invensys (Arbitration 2001)
Represented Invensys as first chair in a $60 million arbitration in which Norcross alleged that Invensys committed fraud when it sold Norcross its safety products division. The case settled on terms favorable to our client Invensys seconds prior to opening statements before Judge Abner Mikva, Judge John Upchurch
Dick Pogue of Jones Day.
City Colleges of Chicago v. Coopers & Lybr
Arthur Andersen (Circuit Court of Cook County, Illinois 2000)
Represented Arthur Andersen in an accountant liability suit brought by City Colleges in connection with alleged losses City Colleges suffered when its treasurer allegedly invested City Colleges' funds in derivative securities that City Colleges contends were illegal, inappropriate
highly risky
which defendants allegedly failed to detect
report.
Starr v. LSI (Northern District of Illinois 1997)
Represented Litigation Sciences in a suit brought by trial consult Hale Starr in which she alleged tortious interference with an employment contract
tortious interference with prospective relations when her protege, Theresa Zagnoli, left Starr
worked briefly for Litigation Sciences. The case settled in mediation.
Other Representative General Commercial Litigation
Johnson Controls Battery Group, Inc. v. Saft JV Holding Co.(Delaware Chancery Court 2011
Southern District of New York 2011)
Lead counsel for Johnson Controls, Inc. in its dispute with Saft Groupe S.A. related to the parties' joint venture Johnson Controls-Saft Advanced Power Solutions LLC, which developed
manufactured lithium-ion batteries for hybrid
electric vehicles. Successfully opposed Saft's motion for a temporary restraining order brought in S.D.N.Y.
successfully arbitrated the scope of the parties' rights to make public statements about the formation of their joint venture. The case settled after extensive negotiations, which Jim Palenchar of Bartlit Beck's corporate group h
led on behalf of Johnson Controls.
Baan Company Litigation (Various State
Federal Courts)
Represented Baan Company, which makes enterprise resource planning software, in various breach of contract
fraud actions in which plaintiffs alleged that Baan breached promises or made misrepresentations concerning the performance
functionality of Baan software.
NL Industries v. Commercial Union (District. of New Jersey 1993-1995)
Represented NL Industries in insurance coverage case for reimbursement of environmental cleanup costs at several sites nationwide.
FMC Corporation v. Astra Veicoli Industriali (UNCITRAL Arbitration 1991)
Represented Astra Veicoli Industriali, a FIAT subsidiary that renovated certain M113 armored personnel carriers, in a breach of contract arbitration. Appeared on behalf of Astra in the London-based arbitration. Interviewed fact witnesses in Italian.
Manhattan Cable Television Franchise Renewal (Franchise Negotiation 1990)
Represented Manhattan Cable Television, a Time-Warner subsidiary, in franchise renewal negotiations with the City of New York's Bureau of Franchises. Drafted
negotiated the technical portions of the New York City 1990 cable franchise agreement.
