Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: UroPep v. Eli Lilly(United States District Court, Eastern District of Texas)
Lead trial counsel for UroPep, securing a plaintiff verdict in a patent infringement jury trial concerning Eli Lilly's sales of Cialis to treat benign prostatic hyperplasia (BPH). The jury determined Eli Lilly infringed UroPep's patent, rejected all of Eli Lilly's invalidity defenses,
awarded $20 million in damages. John delivered the opening statement, closing argument
examined numerous witnesses.
Milo & Gabby, LLC v. Amazon.com, Inc. (United States District Court, Western District of Washington)
Lead trial counsel for Amazon, securing a complete defense verdict in a patent infringement jury trial concerning whether Amazon was liable for patent infringement when third-party sellers offer
sell infringing products on Amazon.com.
Core-Mark v. Sonitrol (Adams Cty, Colo.)
Co-lead trial counsel for defendant Sonitrol, former subsidiary of Tyco, International, in one-week damages-only trial where plaintiffs were seeking over $50 million in damages because Sonitrol willfully
wantonly breached its burglar-alarm monitoring contract by failing to detect three burglars in plaintiffs' warehouse who looted the warehouse
eventually lit fires that ultimately destroyed the warehouse. The jury awarded plaintiffs the damages number sponsored by Sonitrol, which was roughly 10% of what plaintiffs were seeking
included no fire-related damages.
Ricel
Foods v. Bayer, et al. (Arkansas Circuit Court, Arkansas County)
Second chair (Phil Beck was first chair) in a four week jury trial in state court in Stuttgart, Arkansas in which Ricel
Foods, the country's largest rice mill, sued Bayer Crop Science for damages due to the contamination of the nation's rice supply by Bayer's experimental genetically modified rice. Ricel
sought $390 million in actual damages, plus punitive damages. Judgment for Ricel
for $12.9 million. Case settled on appeal.
In Re Genetically Modified Rice Litigation (United States District Court, Eastern District of Missouri)
National trial counsel for Bayer CropScience LP in multi-district
state court litigation concerning the alleged presence of genetically engineered rice in commercial rice shipments. Member of two trial teams that tried cases to verdict.
City of Milwaukee v. NL Industries (Circuit Court of Milwaukee, Wisconsin)
Member of the trial team that represented NL in jury trial to declare lead paint throughout Milwaukee to be a public nuisance
to hold NL liable for costs of the city's childhood lead poisoning program. NL, the former National Lead Company, was alleged to have been the largest U.S. producer of lead pigment in the 20th century. Complete defense verdict for NL in May-June 2007.
City of Milwaukee v. NL Industries (Wisconsin Court of Appeals)
Briefed
argued NL's defense of the jury's verdict before the Wisconsin Court of Appeals. In November 2008 the Court affirmed the verdict, finding that the evidence reflected that the nuisance was unknown to NL Industries until after its conduct had ceased.
In Re Teflon Products Liability Litigation (United States District Court, Southern District of Iowa)
Counsel for DuPont in more than 15 alleged intrastate class actions brought on behalf of consumers who purchased Teflon-coated cookware. The cases have been consolidated for pretrial proceedings pursuant to an order of the panel on multidistrict litigation. The district court denied plaintiffs' motion to certify a class action.
OTHER REPRESENTATIVE CASES: ContentGuard Holdings, Inc. v. Amazon.com (United States District Court, Eastern District of Texas)
Lead trial counsel in a patent infringement case concerning electronic content distribution
digital rights management. Case settled prior to trial.
Deutsche Bank AG v. Deloitte & Touche LLP
Neil F. Luria v. Deloitte & Touche LLP
Ocala Funding, LLC v. Deloitte & Touche LLP (Circuit Court, Miami-Dade County, Florida)
National lead trial counsel representing Deloitte & Touche in a multi-billion dollar accounting malpractice case concerning the failure of Taylor Bean & Whitaker, formerly one of the largest mortgage origination companies in the nation.
Confidential Arbitration
Lead trial counsel for plaintiff in a confidential patent infringement arbitration.
LaPlant v. The Northwestern Mutual Insurance Company (Mil. Cty Ct.., E.D. Wis. 2011-present)
Trial counsel for defendant Northwestern Mutual in putative class action alleging breach of contract
breach of fiduciary duties in connection with certain Northwestern Mutual annuity products. Recently won appeal regarding application of the Class Action Fairness Act in the Seventh Circuit. Plaintiff is currently seeking class certification in the federal district court.
In Re Metropolitan Securities Litigation (United States District Court, Eastern District of Washington)
Represented Ernst & Young in federal securities class action concerning the collapse of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate
insurance conglomerate. Plaintiffs' alleged accountants' negligence relating to audit work. Case settled prior to trial.
T
berg Data Corp. v. Hewlett-Packard Company (U.S. District Court, Colorado)
Represented defendant
counterclaim plaintiff HP in patent infringement action relating to data storage technology. Action settled prior to trial.
Data Network Storage Corp. v. Hewlett-Packard Company (United States District Court, Northern District of Texas)
Represented HP in a patent infringement action relating to data storage technology. Action settled prior to trial.
Edge Capture v. Citadel Investment Group (United States District Court, Northern District of Illinois)
Represented Citadel in patent infringement matter involving patents related to automated trading systems in electronic exchanges. Case settled before trial.
