Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: UroPep v. Eli Lilly (E.D. Tex., 2016-17)
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.
A Pty, Ltd. v. Amazon.com, Inc. (W.D. Texas, 2015-16)
Trial
appellate counsel for Amazon in patent infringement lawsuit. Obtained judgment of invalidity under 35 USC 101. Plaintiff voluntarily withdrew appeal after Amazon filed its response brief.
ICU Medical v. RyMed Technologies (D. Del., 2009-2013)
Trial counsel for RyMed in patent lawsuit in two trials in Delaware. The first trial had mixed results,
an inconsistent verdict on a key infringement issue. In the second trial, the jury found in favor of RyMed. Immediately following the second trial, participated in a bench trial on prosecution history estoppel. Directed expert witness at bench trial. Obtained favorable ruling on prosecution history estoppel.
Pioneer Hi-Bred International v. Agrigenetics, Inc. (S.D. Ind., 2009-2011)
Trial counsel for Pioneer in a dispute with Agrigenetics
its parent Dow AgroSciences concerning the marketing of Pioneer seed genetics through particular distribution channels. Case settled during trial after Pioneer prevailed on a Daubert challenge to Plaintiffs' damages expert,
after openings
cross examination of plaintiffs' first witness.
ICE Corporation v. Hamilton Sundstr
Corporation et al. (10th Cir., 2010-2011)
Counsel for Hamilton Sundstr
Ratier-Figeac in appeal of adverse jury verdict on a misappropriation of trade secrets claim under Kansas law. Successfully obtained reversal of $9 million punitive damages award. Case settled favorably after rem
.
OTHER REPRESENTATIVE CASES: Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation (Federal District Court, District of Massachusetts)
Represented MassMutual in its action under the Massachusetts Uniform Securities Act against RBS arising from RBS's sales of residential mortgage-backed securities to MassMutual.
Alliant Techsystems, Inc. v. Spirit AeroSystems, Inc.(Utah State Court, 2013-2015) Trial counsel for Spirit in contract dispute with ATK concerning components that ATK manufactures for the center fuselage of Airbus's A350 jetliner.
Tessera Semiconductor Patent Litigation (U.S. District Court, E.D. Texas
N.D. California, 2012-2015) Trial counsel for Tessera enforcing groundbreaking patents related to semiconductor operation. Cases pending in Marshall, Texas
Oakl
, California against numerous defendants. Settled claims against Spansion for $25 million
with STATS Chippac, Siliconware, AMD, ChipMOS, Freescale, ST,
ASE for confidential amounts.
Taylor v. Smith & Nephew, Inc.
Represented medical device
therapy provider Smith & Nephew in a complex multi-contract dispute over patent infringement
royalty obligations for numerous orthopedic repair
reconstruction devices marketed by Smith & Nephew. The disputed technology includes patented products
technology for internally
externally fixating complex bone fractures. Settled favorably.
Trover Group, Inc. v. Tyco International, et al. (E.D. Texas, 2013-14)
Trial counsel for Tyco
ADT in patent infringement lawsuit relating to video surveillance technology.