Litigator of the Week Runners-Up and Shout Outs
Runners-up this week include teams from Williams & Connolly, Kramer Levin Naftalis & Frankel, and Singer Cashman.
July 14, 2023 at 07:30 AM
6 minute read
First up is a team from Williams & Connolly representing Teva Branded Pharmaceutical Products and Norton (Waterford) Ltd. in patent litigation concerning their Qvar asthma inhaler. After a bench trial last year, U.S. Judge Julien Xavier Neals found in a decision unsealed earlier this month that a proposed generic version of the inhaler from Cipla infringed all asserted claims of all the asserted patents. The judge also affirmed the validity of the underlying patents. The Williams & Connolly team on the matter includes David Berl, Benjamin Greenblum, Elise Baumgarten, Kathryn Kayali, Ben Picozzi and Ricardo Leyva.
Runners-up honors also go to Gary Naftalis, Mark Baghdassarian and their team at Kramer Levin Naftalis & Frankel who scored a summary judgment win for client Sirius XM Radio Inc. in a patent suit originally brought against Sirius six years ago by Fraunhofer-Gesellschaft zur Förderung der Angewandten Forschung e.V., a research agency based in Germany. Senior U.S. District Judge Joseph Bataillon sitting by designation in Delaware found this week that Fraunhofer was equitably estopped from asserting patent infringement claims since it was silent about them for five years. That silence, the judge found, allowed SXM to reasonably believe it had a valid sublicense to the technology—and to build its satellite radio business based upon that assumption. The Kramer Levin team also included Alan Friedman, Jason Moff, Shannon Hedvat, Tobias Jacoby and Marcus Colucci.
Adam Cashman and his team at Singer Cashman get a runner-up spot for their work defending Olivier Lemarie, the former CTO of Vade Secure Inc. and a former employee of Cloudmark LLC, in a breach of contract, trade secret misappropriation and copyright case brought by Cloudmark and its parent company Proofpoint Inc. This week Senior U.S. District Judge Maxine Chesney in San Francisco amended the verdict in the case to clarify that the nearly $13.5 million dollars in trade secret damages applied only to Vade Secure and not Lemarie. The judge also reduced the $480,000 in breach of contract damages facing Lemarie to nominal damages of $1. The Cashman Singer team on the matter also includes Evan Budaj, Benjamin Singer and Neil Cave.
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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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