Litigation examples
Arbitration
Mayo Clinic Jacksonville v. Alzheimer's Institute of America - AAA arbitration trial relating to a license agreement to transgenic mice. Represented declaratory judgment Plaintiff, arbitrator found no breach of license by Plaintiff.
Immtech International, Inc. v. Neurochem, Inc. - AAA arbitration trial relating to a pharmaceutical license agreement. Represented Plaintiff, panel found breach of agreement by defendant and awarded attorneys fees.
Rochester Medical Corp. v. Mentor Corp. - AAA arbitration trial over technology license agreement; represented plaintiff, panel decision for plaintiff.
Trials
Fresenius USA, Inc. v. Baxter International, Inc. - hemodialysis machines; represented declaratory judgment plaintiff in complex jury trial resulting in verdict of invalidity of four asserted patents. (Case still pending on remand from appeal)
Cargill, Inc. v. Canbra Foods Ltd and Dow Agrosciences LLC - high stability canola oil; represented plaintiff in complex jury trial resulting in verdict of infringement, patent validity and damages.
Mars, Inc. v. Coin Acceptors, Inc. - vending machine coin mechanisms; represented Plaintiff in damages bench trial resulting in an award of $27 million.
Interactive Technologies, Inc. v. Ademco Distribution, Inc. - wireless home security systems; represented plaintiff in jury verdict of $36 million/largest patent verdict of 1998, according to National Law Journal (reversed on appeal).
Trade Secret
Pioneer Hybrid Int'l v. Cargill, Inc. - represented defendant against allegations of worldwide misappropriation of corn germplasm, and patent infringement. Leader of team that conducted investigation and remediation in two dozen U.S. locations and in over twenty countries outside the U.S.; case settled with plaintiff clearing substantial portion of defendant's germplasm, allowing client to complete sale of business unit. Developed extensive knowledge of litigation-related use of plant-DNA testing methodologies during this case.
Medtronic, Inc. v. Joseph Chaudoin -- represented Kyphon, Inc. and prospective employee in non-compete suit brought by Medtronic. Case resolved by settlement/corporate acquisition.
Patent
Mayo Clinic Jacksonville v. Alzheimer's Institute of America - genetic mutation; representing Plaintiffs in ongoing patent declaratory judgment action relating to a genetic mutation linked to familial Alzheimer's disease.
Bruno Mobility v. Acorn Stairlifts - mobility stairlifts; represented defendant and obtained summary judgment of patent invalidity and unenforceability, as well as an award of over $400,000 in attorneys’ fees. Argued the appeal before the Federal Circuit and obtained complete affirmance in a precedential opinion.
Group One Ltd v. Hallmark Cards, Incorporated - ribbon curling machines; represented defendant in an appeal to the Federal Circuit, which affirmed summary judgment of patent invalidity based on failure to obtain a certificate of correction in a precedential opinion.
Robinson Labs v. Walls Industries - specialized fabric for hunting apparel; represented defendant and obtained summary judgment of patent invalidity based on both obviousness and derivation of invention.
St. Jude Medical v. Cardiac Pacemakers, Inc. - implantable pacemakers and defibrillators; represented plaintiff in jury verdict of $10 million).
Minnesota Mining & Manufacturing Co. v. North American Science Associates - rapid readout hospital sterilization indicators; represented plaintiff in case settled following ruling of infringement on summary judgment.
Spectral Diagnostics, Inc. v. Biosite - rapid cardiac marker test panels; represented plaintiff, case settled.
Minnesota Mining & Manufacturing Co. v. American Diagnostic Corp. - stethoscope eartips and floating diaphragm; case settled with injunction against defendant; represented plaintiff.
Marshfield Clinic v. Cargill, Inc. - micro-satellite repeat assays; represented defendant, case settled.
Trademark/Trade Dress
Amazon Bookstore v. Amazon.com - infringement of "Amazon" mark for use with book sales; represented plaintiff, case settled.
eYield Solutions, Inc. v. Crows Hybrid - declaratory judgment to clear use of "Rooster.com" website and marks; represented plaintiff, case settled with client obtaining clearance.
Grundhofer v. Miller - cybersquatting on Grundhofer.com domain name; represented plaintiff, judgment for plaintiff.
RAVE Sports v. Overtons - Lanham Act unfair competition action (water trampolines); represented plaintiff, case settled.
Copyright
Bird Brain, Inc. v. Menard, Inc. - decorative copper garden sprinklers; represented defendant, case settled.
Technology Agreements
Woodcraft Industries v. JBA International, Inc. - dispute over ERP software contract; representing plaintiff, case settled.