ANTITRUST AND COMPETITION

Alvord-Polk, Inc., et al. v. F.C. Schumacher Co. (E.D. Pennsylvania). Tried to a hung jury a Sherman Act group boycott claim challenging a client's selective distribution system.

Arminak & Associates, Inc. v. MeadWestvaco Calmar, Inc. (C.D. California). Defended global manufacturer of trigger sprayers accused of violating federal and state antitrust laws through alleged exclusive dealing contracts and below-cost pricing.

Deloach v. Philip Morris, et al. (M.D. North Carolina). Represented class of tobacco farmers in action against all major tobacco companies for bid-rigging under section of the Sherman Act.

Go Figure, Inc. v. Curves International, Inc. (S.D. Texas). Defended world's largest fitness center franchise against Section 1 tying and Section 2 attempted monopolization claims brought by former supplier of Curves club management software.

GTE New Media Servs. v. BellSouth Corp.,et al. (D. District of Columbia). Represented Plaintiff GTE Media Services, Inc. ("GTE") against various defendants, including BellSouth Corp., SBC Communications Inc., Pacific Bell, US West, Inc., and others for alleged violations of Sections 1 and 2 of the Sherman Antitrust Act.

Hewlett-Packard Co. v. Boston Sci. Corp. (D. Massachusetts). Represented Defendant Boston Scientific in a private antirust action alleging monopolization.

Hill-Rom – Welch Allyn. Represented healthcare technology company Hill-Rom in its $2 billion acquisition of Welch Allyn, which required approval by United States and European Competition Authorities.

In re Cathode Ray Tubes Antitrust Litigation. (N.D. California). Defended manufacturer of cathode ray tubes in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.

In re Corrugated Container Antitrust Litigation (S.D. Texas). Multidistrict Antitrust Jury Trial. Represented defendant Mead Corporation in a nationwide class action jury trial resulting from the multidistrict consolidation of several class actions alleging price fixing of corrugated containers.

In re Disposable Contact Lenses Antitrust Litigation. (M.D. Florida). Defended Johnson & Johnson at trial against complaint brought by a national consumer class and 32 state attorneys general alleging that the client's selective distribution policy regarding its sale of contact lenses violated Section 1 of the Sherman Act. Defeated three separate state class actions bringing similar claims.

In re Evanston Northwestern Corp. Antitrust Litigation (N.D. Illinois). Represented Defendant Evanston in a class action alleging monopolization of hospital services by acquisition of another hospital in the northwest suburbs of Chicago.

In re Intel Microprocessors Antitrust Litigation. (D. Delaware) Represented leading manufacturer of microprocessors in more than 80 class actions in United States District Court, District of Delaware, alleging that client's marketing and sales practices violated federal and state antitrust laws. Based on a discovery plan and class strategy that we developed, the court denied class certification.

In re Lower Lake Erie Iron Ore Antitrust Litigation (E.D. Pennsylvania, Philadelphia). Multidistrict Antitrust Jury Trial. Represented plaintiffs Jones & Laughlin Steel Corp., and Republic Steel Corp., against the major northeastern railroads alleging antitrust claims of group boycott and monopolization of docks on Lake Erie used for the transshipment of raw iron ore used in the manufacture of steel in Ohio and Pennsylvania. Obtained jury verdict and damages in excess of $600 million. Case was upheld on appeal and cert was denied by the U.S. Supreme Court.

In re Organic Peroxide Antitrust Litigation. (D. District of Columbia). Represented manufacturer of organic peroxide in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.

In re Wholesale Grocery Products Antitrust Litigation (D. Minnesota). Civil Antitrust - Represented Defendant C&S Wholesale grocers in putative antitrust class action alleging illegal market allocation scheme

Kreuzer v. American Academy of Periodontology (D. District of Columbia). Represented Defendant in claims of conspiracy to restrain trade in violation of § 1 of the Sherman Antitrust Act, 15 U.S.C.S. § 1.

Lear Corporation – Eagle Ottawa. Represented automotive seat manufacturer Lear Corporation in $850 million acquisition of automotive leather supplier Eagle Ottawa. Transaction required, and received approval from Competition Authorities in the United States, China South Korea and the European Union.

Lubrizol Corporation – Weatherford International. Represented Weatherford International in $750 million divestment of its Oilfield Chemicals and Drilling Fluids business to Lubrizol corporation which required, and received approval from United States and foreign Competition Authorities.

Pacific Great Lakes Corp. v. Bessemer & Lake Erie R.R., et. Al. (Ohio State Court, Cuyahoga County). Represented Plaintiff Pacific Great Lakes in an antitrust action alleging group boycott by defendant railroad companies of Pacific Great Lake’s independent dock on Lake Erie for the transfer of iron ore from lake vessels to railroad cars.

Pinney Dock and Transport Co., et al. v. Penn Central Corp. et. al. (N.D. Ohio) Represented plaintiffs Pinney Dock and Litton Industries in a group boycott antitrust case against railroads refusing services to non-railroad owned docks on the Great Lakes.

SmithKline Beecham Corp., d/b/a GlaxoSmithKline v. Abbott Laboratories (N.D. California). Civil Antitrust - Represented defendant Abbott in antitrust monopolization and breach of license agreement matter alleging more than $1 billion in damages

Southern Marine Supply v. Benrock, Inc, et al. (E.D. Arkansas). Represented dominant supplier of marine engine parts and accessories in defense of a group boycott claim brought under Sections 1 and 2 of the Sherman Act.

Systemcare, Inc. v. Wang Laboratories (D. Colorado). Represented Defendant Wang Labs in an antitrust action brought by Systemcare alleging an illegal tying arrangement related to computer products and services. Obtained summary judgment for Wang.

The Medical Center at St. Elizabeth's Place v. MedAmerica Corp., et al. (S.D. Ohio). Representing a physician-owned hospital bringing a Section 1 group boycott claim against competitor hospitals in Dayton, Ohio.

United States v. Boston Scientific Corp. (D. Massachusetts). Representing Defendant Boston Scientific in an Investigation and litigation relating to the alleged breach of a merger consent decree.

United States v. Dentsply International Inc. (D. Delaware). Won a trial verdict in a case brought by the Department of Justice's Antitrust Division alleging that a client's exclusive dealer policy violated Sections 1 and 2 of the Sherman Act.

United States v. International Paper Co., et al. (S.D. Texas). Criminal Antitrust Jury Trial. Represented defendant Mead Corporation in a criminal jury trial based on the indictments of 32 companies and individuals alleging a nationwide price fixing conspiracy in the corrugated container industry. Mead was acquitted.

ZF Meritor LLC, et al. v. Eaton Corporation (D. Delaware). Civil Antitrust - Jury Trial. Represented defendant Eaton Corporation defending allegations of monopolization and exclusive dealing in the manufacture and sale of heavy duty truck transmissions.


TRADEMARK, TRADE SECRET

Afilias PLC v. Architelos, Inc. (E.D. Virginia). Won $10 million jury verdict for Afilias on theft of trade secret, conversion and conspiracy claims involving internet security technology.

GSI Technology, Inc. v. United Memories, Inc. and Integrated Silicon Solution, Inc. (N.D. California). Jury Trial. Represented defendant, United Memories, Inc. against allegations of breach of a DRAM design Agreement and misappropriation of trade secrets.

Keener v. Wang Laboratories, Inc. (E. D. Virginia). Contract, Trade Secret Jury Trial. Represented defendant Wang Laboratories on claims of breach of an employment contract and counterclaim for theft of trade secrets.

LogoExpress, Inc. v. Deluxe Corporation (E.D. Virginia). Represented defendant Deluxe Corp. against claims of copyright and trademark infringement.

Process Controls Int’l Inc. d/b/a Automation Service v. Emerson Process Management, et al. (E.D. Missouri). Represented Defendant and Counterclaim Plaintiff FM Approvals against charges of conspiracy and unfair competition with regard to its safety certification marks as well as its affirmative trademark infringement counterclaims.

PATENT LITIGATION

Allflex USA, Inc. v. Avid Identification Systems, Inc. (C.D. California). Successfully represented a client in the Radio Frequency Identification technology field in defending against five patents. The patent holder paid our client $6.5M to settle.

Apple Computer, Inc. v. Articulate Sys. (N.D. California). Represented Plaintiff Apple in an infringement suit brought against Articulate patent infringement of portions of an Apple patented operating system.

BridgeLux, Inc. v. Cree, Inc. and Cree, Inc. and Trustees (E.D. Texas). Successfully represented BridgeLux, Inc., a leading Silicon Valley high power light emitting diode (LED) company, in a series of patent infringement cases against competitor Cree, Inc., involving five LED patents. Obtained favorable confidential settlement as a result of successful strategy involving declaratory judgment actions and Markman claim construction of patents-in-suit.

Boston Scientific Corp. v. Medtronic AVE, Inc. (Arbitration) Represented Boston Scientific in a patent infringement claim concerning catheters used in coronary angioplasty.

Chrimar Systems, Incorporated v. Foundry Networks, Incorporated. (E.D. Michigan). Represented Brocade Communications (acquired Foundry Networks, Inc.) against Chrimar Systems. The matter involved allegations of patent infringement by Foundry’s incorporation of the “Power-Over-Ethernet” industry standard. (Chrimar had also separately sued all of the other major players in the router and switch industry, including Cisco Systems and D-Link, and had successfully extracted settlements from each of them.) Foundry fought to invalidate the asserted claims and after seven years of protracted litigation, we won summary judgment of patent invalidity based upon obviousness of the asserted claim, and the case was dismissed. Chrimar appealed, but the Federal Circuit summarily affirmed the lower court.

Cook Inc. v. Boston Sci. Corp. (N.D. Illinois). Represented Defendant Boston Scientific in a patent infringement case related to cardiovascular stents.

Dean v. Simmons (D. Vermont). Represented Plaintiff Dean on claims of patent infringement case against Richard Simmons for copying of Dean’s patented mechanical exercise device.

Digital Satellite System Receivers and Components Thereof (International Trade Commission, Washington, DC). Patent Bench Trial. Represented patent holder Personalized Mass Media, Inc. in a trial before the International Trade Commission seeking to exclude the importation of digital television cable boxes based on their infringement of Personalized Mass Media patents.

General Electric v. Sonosite (W.D. Wisconsin). Represented Plaintiff GE in a patent infringement case against Sonosite related to ultrasound medical diagnostic equipment.

GTE Wireless, Inc. v. Qualcomm, Inc. (E.D. Virginia). Represented Plaintiff GTE against Defendant Qualcom for patent infringement alleging that Qualcomm infringed a GTE patent related to cellular wireless carrier signal acquisition devices.

Hologic, Inc. v. SenoRx, Inc. (N.D. California). Represented Plaintiff Hologic in a patent infringement case related to interstitial breast tumor balloon brachytherapy devices.

In the Matter of Certain Single In-line Memory Modules and Certain Products Containing Same (International Trade Commission) Represented Complainant Want Laboratories against 14 Respondents for infringement of Wang’s ‘513 and ‘605 patents.

Lucent Technologies, Inc., v. Foundry Networks, Inc. (D. Delaware) and Foundry Networks, Inc., v. Lucent Technologies, Inc. (E.D. Texas). Represented Foundry Networks, Inc., in a four patent litigation matter involving networking patents. Represented Foundry in a separate matter against Lucent in Texas asserting a patent against Lucent VOIP platforms. Lucent agreed to settle the matter on highly favorable terms to Foundry.

Micron Semiconductor, Inc. v. Hyundai, et al. Represented a respondent in a patent infringement action involving anisotropic plasma etching of semiconductors. The trial spanned four weeks, during which officials from many Silicon Valley companies appeared to testify in Hyundai's case-in-chief. The matter was settled prior to a written decision from the administrative law judge.

Network-1 Security Solutions Inc. v. Cisco Systems, Inc., et al. (E.D. Texas). Successfully represented Brocade Communication in a patent case brought by Network One. Case settled on favorable terms during trial.

NuVasive v. Globus Medical, Inc. (D. Delaware). Patent Jury Trial. Defended Globus in a patent litigation involving spinal implants and surgical instruments. Resulted in a favorable settlement for Globus while case was on an appeal.

SciMed Life Sys. v. Advanced Cardiovascular Sys. (N.D. California). Represented Plaintiff SciMed on claims of patent infringement against defendant ACS of SciMed’s patents on angioplasty catheter products.

Sun Microsystems, Inc. v. Kingston Tech. Co. (N.D. California). Represented Plaintiff Sun Micro on patent infringement claims against Defendant Kingston for infringement of Sun Micro memory module patents.

Tinkers & Chance v. LeapFrog Enterprises, Inc. (E.D. Texas). Represented defendant in a suit for patent infringement related to electronic educational toys. Achieved settlement extremely favorable to client.

Wang Laboratories, Inc. v. MA Labs, Inc. (N.D. California). Represented Plaintiff Wang Labs in a patent licensing dispute with Defendant MA Labs related to memory modules.

Wang Laboratories, Inc. v. Mitsubishi Electronics America, Inc. (S.D. California). Patent Jury Trial. Represented plaintiff Wang Laboratories on claims of patent infringement by Mitsubishi of Want Laboratories' semiconductor patents.

Wang Laboratories, Inc. v. Oki Elec. Indus. Co. (D. Massachusetts). Represented Plaintiff Wang in patent infringements case against OKI related to Single in line memory modules.

Wang Laboratories, Inc. v. Toshiba and NEC (E. D. of Virginia). Patent Jury Trial. Represented Wang Laboratories on claims of patent infringement by Toshiba and NEC of Wang Laboratories seminal patents covering memory modules used in mini and desktop computers.


COMMERCIAL LITIGATION

American Health Advisors v. The University of Texas System, et al. (State Court of Texas, Travis County). Represented plaintiff American Health Advisors in a breach of contract action against the University of Texas for failure to pay for the implementation of a system created by American Health for the tracking and reimbursement of Medicare and Medicaid expenditures by the UT hospital system. Obtained jury trial verdict of $10 million.

Cont'l Cas. Co. v. City of Jacksonville (M.D. Florida). Represented City of Jacksonville in an insurance loss recovery case against insurance carriers.

Everest Systems v. Wang Laboratories, Inc. (E. D. Virginia). Contract Case Jury Trial. Represented defendant Wang Laboratories in an alleged breach of a dealer distribution agreement for the sale of computer systems and software.

GTE Corp. v. Allendale Mut. Ins. Co et al. (C.D. New Jersey). Represented Plaintiff GTE Cit in an insurance loss recovery case against multiple insurance carriers.

GTE Corp. v. XL Insurance Company (London, England). Insurance Coverage Arbitration. Represented plaintiff GTE in an arbitration brought by Verizon (GTE) for costs and losses incurred for required alterations to communications systems to comply with Y2K requirements under certain insurance contracts.

In re Advocate Health Care Network, Advocate Health and Hospitals Corporation, NorthShore University HealthSystem (Federal Trade Commission). Represented Chicago area NorthShore University HealthSystem in Federal Trade Commission “Second Request” review of proposed $2 billion merger with Advocate.

MBIA, Inc. v. Fed. Ins. Co. (S.D. New York). Represented Plaintiff MBIA in an insurance loss recovery case against insurance carriers.

Sta-Rite Industries, LLC and Pentair Pump Group, Inc. v. Franklin Electric Co., Inc. (N.D. Ohio). Represented Defendant Franklin Electric in matter alleging breach of settlement agreement and tortious interference with prospective business relations.

The Mediators, Inc. v. Wang Laboratories (District of Kansas) Represented Wang in claim and counterclaim against the plaintiff for breach of a distribution agreement. Obtained judgement against plaintiff.

Travelport, LP v. American Airlines, Inc. (Circuit Court of Cook County, Illinois). Contract Case Preliminary Injunction - Bench Trial (2010). Represented defendant American Airlines defending allegations of improper contract termination.

Verdeo Sindicatum Corp. v. Murray Energy Corp. (N.D. West Virginia). Secured preliminary injunctive relief enjoining defendant’s threatened non-performance of a Ventilation Air Methane Project Agreement.

XL Insurance Corp. v. E. I., DuPont de Nemours (New York, NY). Insurance Coverage Arbitration. Represented DuPont in an arbitration seeking insurance coverage from XL for settlement and case defense costs expended by DuPont in the defense of farm insecticide product liability cases.