Caltrans Found 70% at Fault for Amputation

After a six-week trial in this Mary Carter case, we helped prove to a Los Angeles jury that our client, a taxi driver who struck former UCLA football player Nick Ekbatani, did not bear the majority of fault in this tragic accident. Caltrans was found 70% responsible for the motorcycle crash resulting in the amputation of Ekbatani’s lower leg due to their knowledge that the intersection was dangerous and their failure to address the issue. Casey Gooden worked closely with attorney Wayne Mason to create simple and effective visuals for Mr. Mason’s powerful story-telling style.

Congratulations to Wayne Mason on his strong performance in this trial.

Genband Wins $8.2 Million Patent Verdict Against Metaswitch

An East Texas jury found that Metaswitch infringed seven of Genband’s patents related to VoIP, and awarded Genband $8.2 Million in damages. The court had previously ruled that the patents met the Section 101 requirements for patentability as defined in the Supreme Court’s Alice decision. Tracy and Stephanie represented Barnes & Roberts on the trial team in Marshall, and are proud of the work the team from Baker Botts did to win such a positive result.

  • Baker Botts Scores $8.2M Verdict in Eastern District of Texas Patent Infringement Battle (Texas Lawyer)
  • Jury Hands Genband $8.2M Patent Win Against Metaswitch (Law 360)
  • Jury Finds Metaswitch Infringes 7 GENBAND Voice-Over-IP Patents (Bloomberg)
  • Texas Magistrate Says Firewall IP Should Survive Alice (Law 360)

GranuFlo Did Not Cause Patient Death

After three weeks of trial and one day of deliberations, a jury in Woburn, Massachusetts found that GranuFlo, an acid concentrate used in dialysis, was not a substantial cause in the death of a dialysis patient. The jury also found the product was neither unreasonably dangerous nor defective. Plaintiff’s theory that GranuFlo caused an increase in blood serum bicarbonate levels was belied by the data (shown in this graph) that increasing use of the product had no effect on the average bicarbonate levels across the patient population. Fresenius Medical Care was represented by Juanita Brooks, Tom Melsheimer and Roger Denning of Fish & Richardson.

Google and Samsung Do Not Infringe DRM Patents

Another East Texas jury has found for the Defendants in a multi-million dollar patent infringement case. ContentGuard sued Google and Samsung over patents involving managing and attaching digital rights to protected content, accusing Google Play Movies and Books, and Samsung phones, of infringing their technology. After almost two weeks of trial in Judge Gilstrap’s courtroom, in just four hours of deliberation the jury came back with a verdict of no infringement. Congratulations to Google, Samsung, and their trial teams, and thanks for making Barnes & Roberts a part of the effort.

Law 360

Longview News Journal

Highland Capital Closes $376M Case Against Credit Suisse

UPDATE 2105-08-09: Judge Tillery ruled today on a damages motion from Highland Capital in which he ordered Credit Suisse to pay $287.5 million in damages, restitution and pre-judgement interest. Congratulations to our clients and friends at Highland Capital.

Bill Reid and Lisa Tsai, of Reid Collins Tsai (Texas Lawyer Litigation Department of the Year Finalist), concluded several weeks of trial before Judge Tillery in a case seeking recision damages of $376M for fraud committed by Credit Suisse. Working with Tracy Lodge and Abe Lopez of Barnes & Roberts, Reid and Tsai delivered a powerful closing argument for Highland Capital detailing the evidence against Credit Suisse including trial graphics illustrating the fraudulent inflation of appraisals formed the basis for the loans from Highland. A ruling in this bench trial is pending.

Bloomberg: Highland Tries To Recoup $250 Million Loss from Credit Suisse HighlandWants $376M from Credit Suisse for Land Deal

Trend Micro Successful in Invalidating Intellectual Ventures’ Patents

In a hearing before Judge Leonard Stark, Trend Micro has proven that the patents asserted against them by Intellectual Ventures are invalid. Just days before trial was to begin in Delaware, Judge Stark ruled that the subject matters in U.S. Patents 6,460,050 and 6,073,142 were not eligible for patents based on the Supreme Court’s Alice Corp. v CLS Bank ruling. Paul Hastings’ attorneys Yar Chaikovsky and Stuart Bartow argued on behalf of Trend Micro, and Barnes & Roberts is glad to have been there to provide graphics and support at the hearing.

U.S. judge cancels patents on eve of Trend Micro trial (Reuters)

Intellectual Vetures Patents Axed in Symantec, Trend Case (Law360 – partially behind paywall)

Read Judge Stark’s Ruling

CedarCrestone v Xerox Trial Graphics Lead to Settlement

After only a few days of trial, during which attorney Steve Schortgen of K&L Gates put on a strong showing for Xerox, CedarCrestone and Xerox agreed to settle CedarCrestone’s claims. Xerox had countered CedarCrestone’s complaint with claims that CedarCrestone had breached the contract by missing critical deadlines. Barnes & Roberts created a series of trial graphics, including this one, marching through each missed deadline and proving that CedarCrestone had understaffed the project from the beginning. It did not meet the deadlines because, with the staff it had, it could not meet the deadlines.

Highland Capital Wins $40M Against Credit Suisse

Highland Capital won a $40M jury verdict against Credit Suisse and, more importantly, a finding that the banking giant committed fraud in its appraisal of investments related to the ill-fated Lake Las Vegas development that bit the dust back in 2008. Barnes & Roberts created trial graphics for the case including this one that tracks the ever-rising appraisal values. The bar in red represents the final appraisal, which the jury found to be fraudulent, and which Highland Capital relied upon in deciding to invest in the venture.

Moncrief Case Against Gas Giant Blows Up

Moncrief Oil International’s $1.4 Billion case against OAO Gazprom was dismissed on February 2, 2015 after it was revealed during cross examination that the basis for Moncrief’s trade secret claim, Exhibit 1,  was not authentic but was instead manufactured years after the fact. Baker Botts attorney, Van Beckwith, had a Perry Mason Moment when he cross examined Moncrief’s CFO, David Maconchy, to reveal the fabrication. Barnes & Roberts Trial Consulting is proud to have been a part of the trial and congratulates our clients on this stunning victory.

Blackboard v. Desire2Learn (EDTX, McDermott Will & Emery) – Patent Infringement:

Barnes & Roberts represented the plaintiff, Blackboard, in this patent infringement suit against its competitor, Desire2Learn. The patent claims at issue broadly cover an e-learning system. Both companies provide software solutions to universities and the like for students, teachers and administrators to use in an e-learning environment. The jury found for our client and ordered Desire2Learn to pay $3 million in damages.

Elan Pharma v. Abraxis Bioscience (DE, Baker Botts) – Patent Infringement:

Barnes & Roberts represented Elan Pharma in this case which was the first nanotechnology patent case to be taken to jury trial. The technology concerned the formulation for nanoparticles that delivered the breast cancer drug, Abraxane. A verdict for our client in the amount of $55 million was returned by the jury.

American Calcar v. American Honda (SDCA, Fish & Richardson) – Patent Infringement:

Barnes & Roberts represented Honda in this infringement case asserting 15 patents. After receiving a transfer from EDTX, Honda prevailed at trial on 12 of 15 of the patents. The case is currently in post trial briefing for disposition of the remaining three patents.

TGIP v. AT&T (EDTX, Sidley Austin) – Patent Infringement:

Barnes & Roberts represented AT&T in this two-week trial which was interrupted by a hurricane and brought a storm of controversy all its own. The Court had withheld judgement on pre-trial JMOL motions until after the verdict. The jury returned a decision against AT&T for $156 million – the largest in EDTX history. However, the Court granted Defendant’s JMOL and set aside the verdict finding no infringement as a matter of law.

Power-One v Artesyn Technologies (EDTX, Fish & Richardson) – Patent Infringement:

Represented Power-One in its infringement contentions against Artesyn tried before Magistrate Judge Love in Marshall Texas. A jury returned a verdict in favor of Power-One finding that Artesyn infringed Power-One’s 7,000,125 patent which covers a digital power control system for programming, controlling, and monitoring an array of Point of Load regulators using a data bus for communication with and control of the Point of Load regulators. Power-One stipulated to damages of $100 and received an injunction to keep Artesyn from selling products that use Power-One’s ‘125 patent.

Cortez Mills v. Texas Vascular Associates, PA, et al. – Employment

On October 7, 2014, a Dallas jury unanimously found that Texas Vascular Associates, PA had committed no wrongdoing in discharging the Plaintiff Cortez Mills, who claimed she was terminated because she refused to perform an illegal act. We wish to congratulate Tom MelsheimerNatalie Arbaugh, and Katrina Eash on their work in this case as well as the doctors for their justified outcome. The team at Fish & Richardson worked tirelessly over the course of this case to make sure their clients were vindicated. We at Barnes & Roberts are happy to have been part of the team!

Fujitsu Network Communications Inc. et al. v. Tellabs Inc. et al. – Patent Infringement

A jury in the Northern District of Illinois found that Fujitsu breached its promise to license U.S. Patent 5,521,737 under “reasonable and nondiscriminatory” terms to Tellabs, who it previously sued for infringement and lost profits.

Multimedia Patent Trust v. Apple Inc., et al. – Patent Infringement

The jury found there was no infringement at a trial that began with a “2010 lawsuit by the Paris- based company’s Multimedia Patent Trust accusing Apple and LG Electronics of copying video-compression technology that allows data to be sent more efficiently over communications media, including the Internet and satellites, or stored on DVDs and Blu-Ray disks.”

Halo Electronics Awarded $1.5 Million

A federal jury in Nevada awarded Halo Electronics Inc. $1.5 million on Monday after finding Pulse Electronics Corp. infringed three patents for packaging that houses surface mount transformers, which are used in computers and other electronic devices.

‘Halo is an example of small business ingenuity that came up with an idea so good that larger companies, like Pulse, decided to copy it,’ Fish & Richardson PC’s Thomas Melsheimer, co-lead counsel for Halo, said in a statement Tuesday. ‘Pulse’s willful infringement was seen by the jury for what it was — a large corporation taking and using the innovation of a much smaller rival.’- Law360


Top Victory Does Not Infringe Hitachi Patents

A jury in Marshall, Texas found that TPV Technology did not infringe the four patents asserted by Hitachi. Hitachi had been seeking over $55 million in damages. Instead, the jury found no infringement, willful or otherwise, and that two of the four patents were invalid.

Update on Alcatel-Lucent v Newegg, Overstock

In Alcatel-Lucent v. Overstock &, the defendants prevailed on every issue submitted to the jury. The case was over allegations by Alcatel-Lucent that Newegg and Overstock infringed e-Commerce patents that it holds.

The jury rejected those claims, finding that two of the patents were not infringed, and that the third patent was invalid. Barnes & Roberts helped the defendants prove their case with compelling demonstratives, deposition video clips and trial exhibits.

The U.S. Court of Appeals upheld the District Court’s decision, including the invalidity of U.S. Patent 5,649,131.