Another Stacked Lineup of Litigation of the Week Runners-Up and Shout Outs
Our first runners up this week are Sam Baxter of McKool Smith and Jason Sheasby of Irell & Manella, who won Litigator of the Week honors last year for landing a $506 million damages verdict for PanOptis in patent litigation against Apple. In a damages retrial. they won $300 million.
August 20, 2021 at 07:30 AM
5 minute read
Quick Takes
Our first runners up this week are Sam Baxter of McKool Smith and Jason Sheasby of Irell & Manella, who won Litigator of the Week honors last August for landing a $506 million damages verdict for PanOptis after a jury in the Eastern District of Texas found that Apple had willfully infringed five patents essential to the 4G LTE wireless standard. After U.S. District Chief Judge Rodney Gilstrap ordered a retrial on damages, a separate East Texas jury hit Apple with another 9-digit damages award of $300 million this week. The trial team also included Annita Zhong, Ingrid Petersen and Andrew Strabone of Irell & Manella and Steve Pollinger, Jennifer Truelove and Jonathan Yim of McKool Smith.
A trial team at Kirkland & Ellis led by Hariklia "Carrie" Karis, Rush Howell and Rachel Haig lands a runners-up spot this week for getting a defense win for Actavis in a case where an Illinois man was seeking more than $78 million in damages. Plaintiff Brad Martin claimed that Actavis's testosterone replacement product Androderm caused his 2013 heart attack. But after two weeks of trial and less than an hour of deliberations, a federal jury in Chicago on Tuesday returned a complete defense verdict for Actavis. This marks the first defense victory in a testosterone replacement therapy trial involving a heart attack after two prior 9-figure verdicts.
Andrew Gordon and Jaren Janghorbani of Paul, Weiss, Rifkind, Wharton & Garrison also get runners-up honors this week for their trial win for Symbiont.io Inc., a blockchain-backed "smart securities" startup. Symbiont was up against financial data analytics company IHS Markit Ltd. and Ipreo Holdings, a financial services software company Markit acquired in 2019. Symbiont and Ipreo previously had a joint venture. Symbiont claimed that the acquisition by Markit violated a non-compete agreement that was part of the joint venture. After a four-day remote trial conducted in December, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery sided with Symbiont and awarded $142 million in damages to the joint venture, which Symbiont half-owns. The Paul Weiss team includes counsel Daniel Mason and associates Maia Usui, Katarina Broeksmit and Rich Medina. William Lafferty, Susan Waesco and Sara Toscano of Morris, Nichols, Arsht & Tunnell were Symbiont's Delaware counsel.
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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.
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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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