And the LOTW Runners Up...
Honorable mention goes to lawyers from Kirkland & Ellis; Jenner & Block; Proskauer; Haynes and Boone; Finnegan Henderson; Quinn Emanuel; Sidly Austin and Latham & Watkins.
April 24, 2020 at 12:05 PM
4 minute read
Our runners up for Litigator of the Week include Kirkland & Ellis partner Devora Allon. She scored for Teva in an antitrust class action arising out of a patent litigation settlement concerning generic versions of anti-seizure drug Lamictal.
Allon successfully petitioned the Third Circuit to grant Teva's interlocutory appeal challenging the district court's class certification decision. This is the first time the Third Circuit has questioned direct purchaser plaintiff class certification in reverse payment cases since its landmark Modafinil decision several years ago.
Jenner & Block's Debbie Berman and Wade Thomson won an elusive prize on behalf of Methode subsidiary Hetronic: a worldwide injunction. Berman and Thomson previously won a $114 million verdict on behalf of Hetronic in a series of interrelated cases concerning the alleged theft of highly confidential and proprietary information by Hetronic's former president.
In the ongoing Puerto Rico restructuring, Hadassa Waxman, Martin Bienenstock and Tim Mungovan of Proskauer Rose prevailed for the Financial Oversight and Management Board in a lawsuit against the governor of Puerto Rico to enjoin and nullify so-called "Law 29." The law would have substantially eliminated the obligation of Puerto Rico's 78 municipalities to reimburse the commonwealth for hundreds of millions of dollars in pension and health care costs for municipal employees.
A Haynes and Boone trial team led by partners Ken Parker and Robert Ziemian secured a victory on behalf of PTS Diagnostics before the U.S. International Trade Commission. In a final determination, the agency found ACON Laboratories, Inc. and ACON Biotech (Hangzhou) Co. infringed two of PTS Diagnostics' key patents covering lipid analyzers and PTS Panels test strips, which have been used to screen more than 140 million patients worldwide.
Here also are last week's Litigator of the Week runners up–publishing the list was inadvertently delayed.
A team of Finnegan, Henderson, Farabow, Garrett & Dunner attorneys led by Lionel Lavenue along with Michael Liu and David Mroz, convinced the U.S. Court of Appeals for the Federal Circuit to reverse a $110 million judgement against their client TCL Communication for infringing a patent held by Ericsson Inc.. The Federal Circuit's opinion in Ericsson Inc. v. TCL Communication Technology is a milestone in the court's line of cases holding abstract ideas disguised as improvements to computer technology are patent-ineligible.
Kathleen Sullivan and Steig Olson led an appellate team from Quinn Emanuel Urquhart & Sullivan in delivering a win for United Parcel Service in a fight with the Postal Regulatory Commission over the way the U.S. Postal Service sets prices for competitive products. In remanding the case, the D.C. Circuit ruled that the commission had allowed the Postal Service to misclassify huge portions of its costs, saying it hadn't carried out the mandate of the Postal Accountability and Enhancement Act.
At Sidley Austin, partner Sean Commons convinced a district court judge in the Central District of California to order U.S. Immigration and Customs Enforcement to revise attorney-client communication restrictions that were implemented as a result of the COVID-19 pandemic. The order requires ICE to allow detainees at the Adelanto facility their rightful access to free, private calls with attorneys. Also at Sidley, partner Michelle Ramirez led a team in winning the immediate release of three pro bono clients held in a correctional facility in Illinois amidst the COVID-19 pandemic.
Latham & Watkins litigators Elana Nightingale Dawson and Robert Gajarsa scored an appellate victory for an Air Force lieutenant colonel who was improperly terminated and denied a "continuation" of service. The Federal Circuit held that "individuals who have spent most of their lives in service to this country … deserve a system that follows its own rules, and a reviewing forum that does more than rubberstamp the actions of military officials."
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