Results

Patent Litigation

  • Versata Software v. SAP.  Lead counsel in representing an enterprise software company in a patent-infringement action against the dominant industry player, SAP. In 2009, following a two-week trial, won a $138 million verdict (the 5th largest verdict in the State of Texas that year). Based on post-verdict case-law developments, a new trial was ordered. In May 2011, the case was retried, and the result was a much larger $345 million verdict, followed by a $391 million judgment. The verdict was the fifth largest patent infringement verdict of 2011 in the United States and the eighth largest verdict of any kind nationwide that year. The entire damages judgment was then affirmed on appeal by the Federal Circuit in what is believed to be the largest monetary judgment ever affirmed by the Federal Circuit at the time.[1] The case then settled. (EDTX).
  • WiLAN v. Apple. Trial counsel for WiLAN, Inc. in obtaining an $85 million patent-infringement verdict against Apple. The district court denied Apple’s post-trial motions and added interest to the verdict, culminating in a $108.9 million judgment. The verdict represented 100% of the requested damages. The case ultimately settled. (S.D. Cal.).
  • Rambus v. Hynix et. al.  Represented Rambus in a two-month patent and antitrust jury trial pitting Rambus against several DRAM manufacturers, who accused Rambus of manipulating the standards-setting process.  Rambus prevailed on all issues. (NDCA).
  • Ericsson, Inc. v. Samsung.  Represented Ericsson in a series of patent infringement suits and ITC actions against Samsung following the expiration of a worldwide patent cross-license between the parties. Following the first ITC hearing (but prior to the ALJ’s ruling), the parties settled by signing a new, multi-year worldwide license.[2] (EDTX and ITC).
  • Ericsson Inc. et al v. Apple Inc.   Represented Ericsson in patent infringement and breach of contract litigation with Apple in the ITC and district court relating to LTE, WCDMA, and GSM/GPRS/EDGE technologies. The litigation settled favorably prior to an initial determination by the ITC or district court trial.[3] (EDTX and ITC).
  • i2 Technologies, Inc. et al v. Oracle Corporation et al.  Represented i2 in a patent infringement action against Oracle involving enterprise software patents, including factory planning, demand planning, and supply chain management software. The parties reached a $37.5 million publicly-disclosed settlement agreement following the pretrial conference. (EDTX).[4]

[1] Law360: Fed. Circ. Affirms Versata’s $391M Patent Win Against SAP

[2] Reuters: Samsung to pay Ericsson $650 million plus royalties to end patent spat

[3] Reuters: Ericsson signs patent deal with Apple, shares soar

[4] StreetInsider: JDA Software Unit Settles Litigation, Enters License Agreement with Oracle

Commercial Litigation

  • Quincy Jones v. MJJ Productions. Trial counsel for legendary music producer Quincy Jones in winning a $9.4 million jury verdict against the Michael Jackson estate in a breach of contract and royalty dispute. Damages were reduced on appeal. (California State Court – Los Angeles).
  • David’s Supermarkets v. Fleming Companies.  After a four-week trial, won a landmark $211 million jury verdict for breach-of-contract and fraud in a case involving overcharges under a supply contract, which was profiled in a front-page article in The Wall Street Journal.[5]  This litigation was also noted in the industry publication Supermarket News as one of the most significant industry events (and the only lawsuit mentioned) in the past 50 years. The case ultimately settled for a confidential sum. (Texas State Court – Johnson County).
  • Apex Parks Group v. Protective Life.  Lead trial counsel in a case for recovery under a key-man life insurance policy covering Apex’s CEO.  After a two-week trial, Apex overcame several defenses asserted by Protective Life and obtained a $10 million verdict. (Alabama State Court – Birmingham).
  • Capital Royalty and Children’s Medical Center of Boston v. Celgene.  Represented Capital Royalty as joint plaintiffs with Children’s Medical Center of Boston in a breach of license suit against Celgene. Won a key summary judgment ruling, which led to a $198.5 million settlement for client and co-plaintiff. (D. Mass.).
  • City of Austin v. Convergent Group.  Represented a software developer in a lawsuit brought against it by the City of Austin.  Following a counter-offensive, the case was settled with no cash payment to the City and with the City purchasing $36 million in additional equipment from the company.  In a front-page article on the settlement, the Austin American-Statesman reported: “The city-owned electric utility has come up with a unique way to settle a lawsuit over an $8.3 million software contract gone awry: Buy $36 million worth of wireless meter-reading equipment from the company’s new owner.”[6] (Texas State Court – Travis County).
  • Wyble v. Gulf South Pipeline. Represented major pipeline company in citizen-suit seeking to force the company to spend billions for alleged violations of federal regulations. Won summary judgment. (EDTX).
  • ORIX Capital Markets v. Wachovia Bank.  Won liability issues in a breach of contract suit on behalf of a commercial mortgage-backed securities trust.  Despite the liability victory, no damages were awarded by the Court after the two-week bench trial. (NDTX).
  • Randall’s Food Markets v. Fleming. Represented a Texas-based grocery chain in arbitration against supplier. Following a two-week arbitration, obtained termination of a $400 million per-year contract, clearing the way for the client to be acquired by a major national supermarket chain. (Arbitration).
  • Furr’s Supermarkets v. Fleming.  Represented the plaintiff, a major grocery chain, against its supplier.  The case settled favorably, allowing the orderly termination of a $500 million per-year supply contract along with a substantial payment to the plaintiff. (D. NM).

[5] Wall Street Journal: Grocer’s Award Reveals Maze of Wholesale Pricing

[6] Austin American-Statesman, April 24, 2002: Unusual deal settles utility’s lawsuit. Austin Energy to buy $36 million in equipment from new owner of contractor it had sued.

Industry Experience

  • Aluminum Manufacturing
  • Automotive Systems
  • Commercial Mortgage-Backed Securities
  • Commercial Real Estate
  • Computer Memory
  • Database Software
  • Enterprise Software
  • Food & Beverage
  • Haptic Technology
  • Health Care
  • Internet Content
  • Life Insurance
  • Lighting Technologies
  • Mergers & Acquisitions
  • Microprocessors
  • Music Royalties
  • Oil & Gas
  • Retail
  • Royalty Disputes
  • Software Implementation
  • Standards Essential Patents
  • Telecommunications
  • Video Streaming
  • Water and Wastewater Utilities
  • Wholesale Distribution