Proskauer

Representative Matters

• Drug Royalty L.P. 3 v. Takeda Pharmaceuticals USA, Inc.: Lead counsel representing Takeda in a contract dispute concerning the recall and withdrawal of a pharmaceutical drug.
• Globus Medical, Inc. v. Alphatec Spine, Inc. (S.D. Cal.): Lead counsel representing Globus in a patent infringement dispute concerning medical devices.
• Spinelogik, Inc. v. Globus Medical, Inc. (E.D. Tex.): Lead counsel representing Globus in a patent infringement case concerning medical devices.
• Jackson v. NuVasive Inc. (D. Del.): Lead counsel representing NuVasive in a patent infringement dispute related to spinal implants.
• In re SoClean, Inc., Marketing, Sales Practices and Products Liability Litigation (W.D. Pa.): Lead counsel representing SoClean and DW Management Services in a multi-district litigation involving a commercial dispute against Philips related to the recall of millions of CPAP and ventilator devices.
• In re Broiler Chicken Antitrust Litigation (N.D. Ill.): Obtained a complete defense verdict in favor of Sanderson Farms following a six-week jury trial, defeating $7 billion in damages claims.
• Obtained 8-figure settlement in a domestic arbitration involving a breach of contract related to pharmaceutical drug development.
• Rhode Island Hospital v. ProThera Biologics, Inc. et al. (R.I. Super. Ct.): Obtained a dismissal with prejudice on behalf of Takeda Pharmaceuticals and Baxalta US in a commercial dispute involving allegations of tortious interference.
• Caddo v. Progress Software (D. Mass.): Obtained a favorable settlement on behalf of Progress in a patent infringement dispute after prevailing on claim construction issues.
• 3B Medical v. SoClean, Inc. (S.D.N.Y.): Obtained a dismissal with prejudice on behalf of SoClean in a false advertising matter.
• MediaZam LLC v. Voices.com (E.D. Wisc.): Obtained a favorable settlement on behalf of Voices.com in a patent infringement dispute after challenging patentability under § 101.
• Hypertherm, Inc. v. Jack & Dave (D.N.H.): Obtained consent judgment and injunctive relief for Hypertherm in patent infringement dispute.
• Andes Capital Financing LLC v. Crossed Keys LLC et al. (N.D. Tex.): Obtained dismissal for defendants for lack of personal jurisdiction following an evidentiary hearing.
• GEMAK v. Church & Dwight (D. Del.): Successfully resolved patent infringement dispute for Church & Dwight after winning motion to compel test results.
• Away v. Olivet et al. (S.D.N.Y.): Obtained successful resolution as lead counsel for Away in a case involving claims of trade secret misappropriation and trade dress infringement.
• Rothschild Digital Confirmation v. Oracle (E.D. Tex.): Won award of legal fees as lead counsel for Oracle in patent infringement dispute.
• DRG International v. Bachem Americas et al. (C.D. Cal.): Negotiated the dismissal of 5 of 7 asserted patents without motion practice and won a motion to dismiss claims of indirect and willful infringement.
• Ultratech, Inc. v. Analog Devices, Inc. (N.D. Cal.): Argued and won motion to dismiss action for copyright infringement.
• Zenith Elecs. LLC et al. v. Sceptre, Inc. (C.D. Cal.): Argued and defeated summary judgment motion on damages under 35 U.S.C. § 287; the case settled following the decision.
• SpeedTrack v. Amazon.com et al. (N.D. Cal.): Negotiated the dismissal of patent infringement claims against six clients without responding to complaint.
• SpeedTrack v. Office Depot, Inc. et al. (N.D. Cal., Fed. Cir.): Obtained summary judgment of non-infringement on behalf of all defendants under the Kessler doctrine; affirmed by the Federal Circuit on appeal.
• Speedtrack v. Wal-Mart (N.D. Cal., Fed. Cir.): Won summary judgment of non-infringement with respect to all asserted claims on behalf of defendants in a case relating to search algorithms used for online retail Web sites; affirmed by the Federal Circuit on appeal.
• ADREA v. Barnes & Noble, Inc. et al. (S.D.N.Y.): Won a jury verdict of patent infringement and no invalidity while serving as lead trial counsel for plaintiff in a case concerning electronic books and related technologies.
• NISTAC v. Nissan North America, Inc. et al. (E.D. Mich.): Defended Honda in a patent infringement suit relating to automobile piston assemblies; the plaintiff voluntarily dismissed the case after the court ruled in favor of Honda on all claim construction issues.
• Analog Devices v. Knowles Electronics (D. Del., U.S.I.T.C): Obtained a finding of infringement and an exclusion order on behalf of plaintiff following a competitor’s use of patented anti-stiction technology for micro-electromechanical systems (MEMS) devices.