Litigation examples
Halo Electronics Inc. v. Bel Fuse Inc., et al. (D. Nev.) - Lead counsel for Halo Electronics, a family-run business, in a long-running patent case related to packaging for surface mount magnetic components used in electronics products. In November 2012, a jury found defendant Pulse Electronics liable for willful infringement on three Halo patents, confirmed the patents’ validity, and awarded past damages. At that time, five other competitors had licensed the Halo patent portfolio.
Ceats, Inc. v. Continental Airlines, et al. (E.D. Tex.) - Lead trial counsel for defendants in patent infringement case related to online ticketing. Jury returned verdict of invalidity on all claims, thus avoiding alleged past and future damages of nearly $300 million.
Martin v. NL Industries, Inc., et al. (Texas State Court) Lead counsel for Martin, one of three minority shareholders in breach of fiduciary duty and stockholder oppression case. Jury returned verdict for $179 million, which included in excess of $100 million in punitive damages.
Rembrandt Vision Technologies, L.P. v. Ciba Vision Corporation et al. (E.D. Tex.) - Lead trial counsel for Rembrandt in a patent infringement case involving extended wear contact lenses. Obtained $41 million jury verdict.
Deep Nines, Inc. v. McAfee, Inc. (E.D. Tex.) – Lead counsel for plaintiff Deep Nines on patent related to internet security; obtained jury verdict of $18 million for patentee, twice the damages sought.
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 sought $87 million in damages and an injunction barring Fresenius from selling its "Fresenius 2008K" hemodialysis machine.
State of Texas Ex Rel. Allen Jones v. Johnson & Johnson. (Texas State Court) - Lead trial counsel for Relator in Texas Medicaid Fraud Prevention Act case. Settled during trial for $158 million making it the largest Medicaid fraud settlement in Texas history by nearly a factor of two.
Hillwood Investment Properties Ltd. V. Radical Mavericks Management LLC (Texas State Court) – Lead counsel for ownership of Dallas Mavericks basketball team in case alleging mismanagement and breach of fiduciary duty. Obtained summary dismissal of all claims.
Schroeder v. Wildenthal, et al. (N.D. Tex.) – Lead counsel for a former Managing Partner of Akin Gump law firm in case alleging claims of conspiracy and breach of fiduciary duty. Obtained dismissal of all claims.
American Airlines, Inc. v. Sabre, Inc. (AAA) – Lead counsel for Sabre in arbitration involving alleged overcharge of $34 million in connection with data processing for airline reservation system. Panel of arbitrators, chaired by Justice Deborah Hankinson, issued take nothing judgment for Sabre.
In re 9/11 Terrorist Attacks (S.D. N.Y.) - Lead trial counsel for Al Rajhi family members in multi-district litigation in largest wrongful death case ever brought in the United States. Obtained dismissal of all claims.
Chevron Phillips Chemical Company v. INEOS Group, Ltd. (Texas State Court) – Obtained temporary injunction against world’s third largest chemical company in Texas state court, to prevent use and disclosure of trade secrets involving high density polyethylene manufacturing technology. Suit arose from defendant’s licensing of confidential polyethylene technology to various manufacturers in other countries, in contravention of licensing agreements. Injunction was affirmed on appeal by the Houston Court of Appeals. The case settled before trial, but after the successful appeal.
Alcatel-Lucent Inc. v. Microsoft Corporation (S.D. Cal.) – Trial counsel for Microsoft in a series of patent cases involving MP3, video compression, and other software technology. Obtained reversal in post-trial motion practice and appeal of what was then the largest patent jury verdict in history.
DataTreasury Corporation v. Bank of America Corporation and Bank of America, National Association (E.D. Tex.) - Lead trial counsel for Bank of America in a $1 billion patent case involving check imaging. Settled during trial.
Texas Instruments v. Rajendra Talluri (Texas State Court) - 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.
EPG, Inc. v. Carreker, Inc. (D. N.J.) - Lead trial counsel for Carreker in defense of trade secret case; case settled after favorable trial verdict of no misappropriation of trade secrets.
Accolade Systems LLC v. Citrix Systems, Inc. (E.D. Texas) – Lead counsel for Citrix in a patent infringement case. Obtained dismissal of all claims on eve of trial.
Carreker Corporation v. Jack Cannon, et al. (Texas State Court) - Lead trial counsel for plaintiff Carreker in an inevitable disclosure and misappropriation of trade secrets case involving a former senior principal. Obtained an injunction against employee under inevitable and actual disclosure theories.
Texas Instruments v. Gary Johnson (Texas State Court) - 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.
Radman v. Weil Gotshal, et al. (Texas State Court) - Lead counsel for plaintiff in legal malpractice and breach of fiduciary duty case. Obtained multi-million dollar settlement prior to trial.
Universal Image, Inc. v. Cuban, et al. (Texas State Court) - Lead counsel in $1 billion contract and fraud case; obtained dismissal of all claims prior to trial.
Taco Bell Corp. v. John R. W. Cracken, et al. (N.D. Tex.) – Lead counsel in professional liability case on behalf of prominent attorney. Obtained dismissal of all claims.
United States v. Lipscomb (N.D. Tex.) – Co-lead counsel for defendant in 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.
BancTec USA, Inc. F/K/A Monitronics, Inc. v. Advanced Financial Solutions, Inc. et al. (N.D. Tex.) – Trial counsel for 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 with contract.
DSC Communications Corporation v. DGI Technologies, Inc. (N.D. Tex.) – Trial counsel for DSC 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.
United States of America, ex rel John D. Battaglia v. Texas Data Control, et al. (N.D. Tex.) – Trial counsel for Texas Data Control in qui tam case alleging overbillings in violation of the federal False Claims Act. Defense verdict plus $15 million recovery on claim of under-payment.
United States v. Faulkner, et al. (N.D. Tex.) Trial counsel for the government in prosecution of bankers and developers in so-called I-30 condo case which was largest bank fraud prosecution in Texas history. Obtained conviction of all defendants including RICO forfeiture.