Litigation examples
Fresenius Medical Care Holdings, Inc. v. Baxter International, Inc. (N.D. Cal.) - Co-lead trial counsel for Fresenius in a patent infringement case involving four patents relating to hemodialysis machines. Jury returned verdict for Fresenius invalidating all asserted claims on all patents. Baxter was seeking $87 million in damages and an injunction barring Fresenius from selling its "Fresenius 2008K" hemodialysis machine.
DataTreasury Corporation v. Bank of America Corporation and Bank of America, National Association - Lead trial counsel for Bank of America in a patent case involving check imaging. Case pending.
Accolade Systems LLC v. Citrix Systems, Inc. - Represented Citrix in a patent infringement case. Plaintiff’s claims were dismissed with prejudice on the eve of trial.
Chevron Phillips Chemical Company v. INEOS Group, Ltd. - Represented Chevron in successful effort to obtain temporary injunction to prevent use and disclosure of trade secrets involving high density polyethylene manufacturing technology; case settled in mediation.
Deep Nines, Inc. v. McAfee, Inc. - Represented plaintiff Deep Nines on patent related to internet security, obtained jury verdict of $18 million for patentee.
Texas Instruments v. Rajendra Talluri - Lead trial counsel for Texas Instruments in an inevitable disclosure/theft of trade secrets case. Obtained injunction for employer to prevent the inevitable disclosure of TI’s valuable trade secrets. Case pending.
Hewlett-Packard Company v. byD:sign Inc. - Lead counsel for HP in a breach of fiduciary duty/theft of trade secrets case involving former senior employees. Case settled.
In re 9/11 Terrorist Attacks - Lead trial counsel for Al Rajhi family members in multi-district litigation in largest wrongful death case ever brought in the United States; case pending in Southern District of New York.
Wichita Falls Power Management, LLC v. Intel Corporation - Lead trial counsel for Intel in a patent case involving power management technology for microprocessors; case favorably settled.
Alcatel USA, Inc. v. Cisco Systems Inc. - Trial counsel for plaintiff Alcatel USA in $9 billion trade secret and antitrust case involving optical cross connect technology. Case resolved favorably for Alcatel in arbitration.
Alcatel USA, Inc. v. Samsung Electronics Company - Trial counsel for plaintiff Alcatel USA in the largest trade secret case ever tried in Texas. Case favorably resolved during trial on a confidential basis.
Alcatel USA, Inc. v. Tekelec, Inc. - Trial counsel for plaintiff Alcatel USA in patent infringement action involving wireless telecommunication technology. Case favorably resolved before trial.
Rembrandt Vision Technologies, L.P. v. Ciba Vision Corporation et al. - Lead trial counsel for Rembrandt in a patent infringement case involving a novel soft gas permeable contact lens. Obtained plaintiff's verdict after jury trial.
Carreker Corporation v. Jack Cannon, et al. - Lead trial counsel for plaintiff Carreker in an inevitable disclosure and misappropriation of trade secrets matter involving a former senior principal. Obtained an injunction against employee under inevitable and actual disclosure theories.
EPG, Inc. v. Carreker, Inc. - Lead trial counsel for Carreker in trade secret case; case settled after favorable trial verdict.
Texas Instruments v. Gary Johnson - Lead trial counsel for Texas Instruments in "inevitable disclosure" of trade secrets case leading to one of the first such injunctions issued by a Texas court.
BancTec USA, Inc. F/K/A Monitronics, Inc. v. Advanced Financial Solutions, Inc. et al. - Defended Advanced Financial Solutions in the U.S. District Court for the Northern District of Texas. Won judgment against BancTec in a countersuit for tortious interference and antitrust.
DSC Communications Corporation v. Pulse Communications, Inc. - Represented DSC in the United States District Court for the Eastern District of Virginia in copyright and patent infringement action and counterclaims against manufacturer of knock off linecards for next generation digital loop carrier equipment. Both sides affirmative claims dismissed by trial court. Successfully appealed judgment to Federal Circuit, case settled on favorable terms.
DSC Communications Corporation v. Reltec Corporation, et al. - Represented DSC in Texas state court. Obtained trade secrets and inevitable disclosure temporary injunction against group of former DSC employees. Technology involved rural class digital loop carriers. Case settled after injunction issued.
DSC Communications Corporation v. DGI Technologies, Inc. - Represented DSC in United States District Court for the Northern District of Texas in trade secrets case against competitor that induced DSC customers to disclose technology in breach of secrecy agreements involving Class IV tandem switch technology. Won $10 million dollar judgment for DSC and developmental injunction and defeated antitrust counterclaims.
State of Texas v. ResCare, Inc. - Defense of False Claims Act case brought by Texas Attorney General and United States Department of Justice; favorable settlement obtained before trial.
Driscoll Childrens Hospital v. KPMG Peat Marwick - Lead trial counsel for hospital in accounting malpractice case; obtained favorable settlement on eve of trial.
Harward v. PricewaterhouseCoopers - Trial counsel for PWC in accounting fraud case; obtained dismissal of all claims before trial.
Universal Image, Inc. v. Cuban, et al. - Lead trial counsel in $1 billion contract and fraud case; obtained dismissal of all claims prior to trial.
Lucent Technologies, Inc. v. Power-One, Inc. - Represented defendant in employee raiding/trade secrets matter in state court, avoiding "inevitable disclosure" injunction.
State of Texas v. Larry Hanson - Public corruption case against prominent local contractor; case dismissed by government.
United States v. Lipscomb - Public corruption case against prominent city councilman and civil rights leader; home confinement obtained after trial; conviction reversed on appeal and case dismissed by government.
United States of America v. Aleida Deleon - Lead trial counsel for employee of Tyson Foods in case involving nationwide sting concerning illegal immigrant smuggling. Case dismissed by government after opening statement.
United States of America v. Nitin Shettie - Lead trial counsel for defendant indicted in the largest human smuggling case in nation’s history.
United States of America, ex rel John D. Battaglia v. Texas Data Control, et al. - Successfully defended Texas Data Control in qui tam case alleging violations of the federal False Claims Act. In addition to the defense verdict, obtained $15 million settlement after verdict, cited by the National Law Journal as the "Top Defense Verdict" of the year.
Walker, et al. v. United States Department of Housing and Urban Development, et al. - Obtained a U.S. Supreme Court decision for North Texas homeowners, leaving in place a lower court ruling sustaining a constitutional challenge to race-based public housing.
Linda Brewton, et al. v. National Medical Enterprises, Inc., et al. (State Court) - Fraud case involving chain of psychiatric hospitals.
Barbara Gleason Ellis, et al. v. Joe Charles Lindsey, et al. (Federal Court) - Wrongful death case involving Texas Instruments.
Taco Bell Corp. v. John R. W. Cracken, et al. (Federal Court) - Professional liability case on behalf of prominent attorney.