Litigator of the Week Runners-Up and Shout Outs
This week's list includes Wilmer lawyers winning a big Hatch-Waxman case and a lineup of heavy hitters reversing Qualcomm's antitrust fortunes at the Ninth Circuit.
August 21, 2020 at 07:25 AM
7 minute read
Between our winner and these first two runners-up, we can safely say that it's been a big couple of weeks in the patent world.
First up, a team of heavy hitters representing Qualcomm scored a huge win at the Ninth Circuit on August 11 that vacated U.S. District Judge Lucy Koh's judgment in favor of the Federal Trade Commission in its antitrust case targeting the company's licensing practices. The ruling reversed a permanent, worldwide injunction and, as my colleague Scott Graham wrote, provided "vindication" for the in-house lawyers who had been labelled as the "architects" of an anticompetitive licensing campaign in Koh's May 2019 order. Tom Goldstein of Goldstein & Russell handled Ninth Circuit arguments for Qualcomm's team which included lawyers from Cravath Swaine & Moore, Keker, Van Nest & Peters, Morgan, Lewis & Bockius, and Wilson Sonsini Goodrich & Rosati.
In other big news in the patent world, a Wilmer Cutler Pickering Hale and Dorr team led by Amy Wigmore, Kevin Prussia and Bill Lee scored a huge win for clients Bristol-Myers Squibb Company and Pfizer Inc. on August 6 when U.S. District Judge Leonard Stark in Delaware found that proposed generic versions of the blockbuster drug Eliquis from three defendants in Hatch-Waxman litigation infringed patents held by their clients which don't expire until 2026 and 2031, respectively. Eliquis, a drug prescribed to reduce the risk of stroke and blood clots in people who suffer from atrial fibrillation, had $7.71 billion dollars in sales last year and ranked fourth in sales growth, according to trade publication Fierce Pharma.
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7 minute readLaw Firms Mentioned
- Cleary Gottlieb Steen & Hamilton
- Kirkland & Ellis
- Wilson Sonsini Goodrich & Rosati
- Manatt, Phelps & Phillips
- Wilmer Cutler Pickering Hale and Dorr LLP
- Sidley Austin
- Morrison & Foerster LLP
- Latham & Watkins
- Quinn Emanuel Urquhart & Sullivan
- Cooley
- Keker, Van Nest & Peters
- Cravath, Swaine & Moore
- Morgan, Lewis & Bockius
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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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