LOTW: And the Runners Up...
A shout-out to the runners up for Litigator of the Week from Sidley Austin; Kaplan Hecker & Fink; Gibson, Dunn & Crutcher and Jenner & Block.
February 08, 2019 at 02:45 PM
2 minute read
A shout-out to the runners up for Litigator of the Week,
Sidley partners Jim Badke, Ching-Lee Fukuda and Sona De won a $155 million jury verdict in Delaware federal court for Bayer Healthcare in its patent infringement lawsuit against Baxalta Inc. The six-day trial involved Bayer's patent on its flagship hemophilia drug Adynovate. The jury found all asserted claims of Bayer's patent were valid and infringed, and applied a royalty rate of 18 percent to net sales of Adynovate.
Kaplan Hecker & Fink name partner Sean Hecker delivered a speedy win on behalf of the Federal Defenders of New York, suing to restore the constitutional rights to hundreds of individuals detained at the Metropolitan Detention Center in Brooklyn. A fire at the facility caused power outages and heating system failures, as well as “near total cancellation of legal and family visiting for male inmates,” according to the Feb. 4 complaint. U.S. District Judge LaShann DeArcy Hall immediately ordered the government to reinstate legal visiting.
Jeff Thomas and Sam Liversidge of Gibson, Dunn & Crutcher scored big for Hewlett Packard Enterprise Co. against Oracle in a long-running copyright infringement case, where Oracle sought about $100 million plus punitive damages and injunctive relief. On the eve of trial, U.S. District Judge Jon Tigar of the Northern District of California granted summary judgment to HPE—handing Oracle its first loss in its long-running series of cases against its competitors in the software support market.
Jenner & Block partner Brian Fischer won an appellate victory in New York state court on behalf of angel investor Brian Cohen and New York Angels Inc.. Fischer's clients were sued by an entrepreneur who alleged that they stole confidential design concepts and ideas and conveyed them to the (non-party) creators of the website Pinterest. The New York Appellate Division, First Department unanimously affirmed the lower court's decision to dismiss the case on summary judgment.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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