Appellate Hot List 2019: Fish & Richardson
Kurt Glitzenstein discusses the firm's top U.S. Court of Appeals win.
October 25, 2019 at 02:30 PM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
[The U.S. Court of Appeals for] the Federal Circuit unanimously affirmed our posttrial success vacating a $200 million jury verdict against our client Gilead Sciences in a patent infringement case with Merck involving Gilead's blockbuster Sovaldi and Harvoni hepatitis C drugs. After a jury awarded Merck $200 million in damages, amounting to one-tenth of Merck's $2 billion claim, the district court erased the verdict, finding Merck had forfeited its right to assert its patents against Gilead because of litigation and business misconduct constituting unclean hands. Our strong writ[ing] and oral advocacy convinced the Federal Circuit to affirm both that result and the $14 million legal fee award to Gilead. The Supreme [Court] denied certiorari.
How did your firm approach appellate success over the past year?
We focus on brief writing, where most appeals are won or lost, and then select the right person to argue each appeal, whether that is an appellate specialist new to the case or the trial attorney who lived the case.
What is the most satisfying element of appellate practice in your opinion?
Patent appeals present a mix of complex facts and technology and demand both procedural rigor and a command of nuanced law. It's exciting to frame these issues into novel winning arguments, which often redefine patent law.
What's the most valuable lesson you learned as a young lawyer?
A lawyer's credibility is one of his or her greatest assets with courts, clients and colleagues.
Submitted by Kurt Glitzenstein, litigation practice group leader at Fish & Richardson.
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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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