Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Equal Employment Opportunity Commission v. Texas Roadhouse (D. Mass.)
Trial counsel for l
mark pattern or practice age discrimination claim brought by EEOC against national restaurant chain. After three-week jury trial in January 2017, case ended in a mistrial because jury was deadlocked after deliberating for one week. Law360 coverage here. Case settled very favorably before retrial.
Confidential Arbitration (AAA)
Trial counsel for oil
gas exploration
production company in commercial
state securities law dispute. Claimant sought more than $25 million. After a two-week arbitration hearing, the arbitration issued a favorable decision on every claim
ordered the claimant to pay our client's attorney fees.
Device Enhancement LLC v. Amazon.com, Inc. (D. Del.)
Lead trial counsel for Amazon in a patent infringement suit about Amazon's Silk web browser. Won motion to dismiss challenging the patent as invalid for claiming an abstract idea under Section 101
Alice Corp. v. CLS Bank International.
Milo & Gabby, LLC v. Amazon.com, Inc. (W.D. Wash.
Fed. Cir)
Trial
appellate counsel for Amazon.com in a patent infringement suit. Secured complete defense verdict for Amazon in a jury trial concerning whether Amazon is liable for patent infringement when third-party sellers offer
sell infringing products on Amazon.com. Milo
Gabby appealed both the jury's verdict on patent infringement
the judge's summary judgment decision on copyright infringement. The Federal Circuit affirmed the case in its entirety.
ContentGuard Holdings, Inc. v. Amazon.com, Inc. et al.(E.D. Tex.)
Trial counsel for Amazon.com in a patent infringement suit about Amazon's use of digital rights management technology for eBooks sold through the Kindle app, movies sold through the Amazon Instant Video app,
music sold through the Amazon Music app. Case settled favorably shortly before trial.
Core-Mark International, Inc. et al. v. Sonitrol Corp. (Colo. Dist. Ct.
Colo. Ct. App.)
Trial
appellate counsel for defendant Sonitrol, former subsidiary of Tyco International, in one-week damages-only retrial. Before Bartlit Beck got involved, a previous jury found Sonitrol willfully
wantonly breached its burglar-alarm monitoring contract with Core-Mark. Sonitrol's breach stemmed from its failure to detect three burglars in Core-Mark's warehouse, which allowed the burglars to loot the warehouse for three hours. Eventually, one of the burglars lit two fires that burned for five days
destroyed the entire warehouse. Core-Mark claimed damages for both the theft
arson, which totaled over $23 million in damages
climbed to over $50 million with pre-judgment interest. Despite the fact that the jury in the previous trial had given Core-Mark all the damages they asked for
despite the fact that the Court precluded Sonitrol from calling a damages expert, the jury in the re-trial awarded Core-Mark only $2.75 million in theft-related damages, the damages number Sonitrol sponsored. The jury awarded no fire-related damages. And the Colorado Court of Appeals affirmed the jury's verdict.
