Adam K. Mortara
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2003-Present, Partner (since 2007)
Lecturer in Law, University of Chicago Law School, 2007-Present
Courses: Federal Habeas Corpus; Federal Jurisdiction
Awards: Lecturer of the Year, 2008-2009
INTELLECTUAL PROPERTY LITIGATION
Jacob Krippelz, Sr. v. Ford Motor Company (N.D. Ill.)
Trial counsel for Mr. Krippelz, owner of lighting patent for automobiles, in patent infringement suit against Ford. Briefed, argued, and won summary judgment of infringement against Ford with respect to all accused sales of all accused models. Jury then found the patent valid and awarded Mr. Krippelz $23 million in damages. Presented argument on willful infringement in subsequent bench phase of trial. Court found willful infringement and awarded an additional $33 million in enhanced damages and prejudgment interest for a total award of $56 million. Post trial motions pending.
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ICOR International, Inc. v. E.I. du Pont de Nemours and Company (S.D. Ind.)
Trial counsel for DuPont in declaratory judgment and patent false marking case. ICOR alleges that its proposed R-438A refrigerant (a generic version of DuPont's ISCEON® MO99™ product) will not infringe DuPont's patent on R-438A and that DuPont has falsely marked its MO99™ product. Case pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals Inc. v. Teva, et al. (N.D. Ill.)
Trial counsel for Bayer in Lanham Act false advertising and patent infringement case arising out of Teva's launch of a generic version of Bayer's YAZ® oral contraceptive and product literature claiming that Teva's generic contains Bayer's patented betadex clathrate formulation. Bayer moved for a temporary restraining order on June 15, 2010. On June 16, the Court heard argument. Teva contended that Bayer could not show likelihood of success on the merits of its claims and that Bayer was not entitled to emergency relief. During proceedings, the Court read a tentative ruling finding that Bayer was entitled to a TRO. Teva agreed to remedial measures including a weekly e-mail blast for three months directed at pharmacists and calling attention to its false prescribing information. Court entered agreed order regarding these remedial measures and required compliance reporting from Teva.
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Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals Inc. v. Teva, et al. (D. Nev.)
Trial counsel for Bayer in patent infringement case against Teva relating to Teva's accused infringement of Bayer's oral contraceptive regimen patents on YAZ®. Case pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Sandoz, Inc., et al. (S.D.N.Y.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptives Yasmin® and YAZ®. Cases pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Watson Labs, et al. (D. Nev.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptive YAZ®. Cases pending.
Novartis Vaccines and Diagnostics, Inc. & Novo Nordisk A/S v. Bayer HealthCare LLC, et al. (E.D. Tex.)
Trial counsel for Bayer HealthCare in patent case involving recombinant Factor VIII product KOGENATE FS®. Case settled on favorable terms.
Bayer HealthCare LLC v. Abbott Laboratories, et al. (D. Mass.)
Trial counsel for Bayer HealthCare LLC in patent case involving Abbott’s Humira® TNF-alpha antibody. Case pending.
EMC Corporation v. Hewlett-Packard Company, Inc. (Fed. Cir.)
Represented Hewlett-Packard in appeal of adverse trial verdict in District of Massachusetts relating to Hewlett-Packard’s storage appliances. Case settled while appeal pending.
Hewlett-Packard Company, Inc. v. EMC Corporation (N.D. Cal.)
Represented Hewlett-Packard in litigation involving multiple patents (13) where client was both plaintiff and defendant. Case settled while motion for summary judgment pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Barr Labs (D. N. J. & Fed. Cir.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challenger seeking to market generic version of leading oral contraceptive Yasmin®. Bench trial held November-December 2007. Ruling in favor of Barr at trial level. Federal Circuit affirmed in 2-1 panel decision.
Aventis Behring v. Bayer HealthCare LLC & Bayer Corporation (E.D. Pa. & Montgomery County Circuit Court)
Trial counsel for Bayer in breach of contract and patent litigation relating to recombinant Factor VIII concentrates used in treatment of hemophilia. Cases settled on very favorable terms immediately after Bayer won motion for early bifurcated trial of Bayer’s affirmative license defense.
Gen-Probe Incorporated v. Bayer HealthCare LLC & Bayer Corporation (S.D. Cal.)
Trial counsel for Bayer in multiple patent infringement actions involving nucleic acid detection assays. Cases settled.
ENVIRONMENTAL AND PUBLIC UTILITY LITIGATION
Hott v. Nicor Gas Company (N.D. Ill.)
Co-lead counsel (with my partner Carrie Jablonski) in CERCLA cost recovery action by landowner against Nicor Gas Company. Case pending.
Turner v. Nicor Gas Company (Illinois Appellate Court, Second District)
Lead appellate counsel for Nicor Gas Company in appeal of summary judgment in personal injury case arising from gas leak and explosion. Appellate court ruled that Nicor had no duty to plaintiffs; a complete victory.
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Alan Dikcis v. Nicor Gas Company (Cook County Chancery Court)
Lead trial counsel for Nicor Gas Company in class action case involving Nicor’s natural gas billing practices. Won dismissal of complaint with prejudice.
Michael Dikcis v. Nicor Gas Company (Cook County Chancery Court)
Lead trial counsel, along with my colleague Kate Swift, in follow-up billing class action involving the same issues as in the Alan Dikcis case. Again won dismissal with prejudice, with Ms. Swift arguing the motion for Nicor.
In re: Manufactured Gas Plant Cost Allocations (CPR Arbitration)
Co-lead counsel (with my partner Christopher Landgraff) for Nicor Gas Company in 38 separate cost allocation arbitrations with Commonwealth Edison. Nicor sought to allocate remediation costs for environmental cleanup the parties jointly undertook at former manufactured gas plant sites in Illinois. Parties agreed to final cost allocation, and received approval for the allocation from the Illinois Commerce Commission.
OTHER REPRESENTATIVE LITIGATION
Hunter v. United States (Supreme Court of the United States and Eleventh Circuit)
Lead appellate counsel representing a group of habeas corpus and criminal law scholars in connection with amicus brief at the certiorari stage and on remand at the Eleventh Circuit. Case involves analysis of statutory construction and constitutional issues related to certificates of appealability for sentencing claims. After Supreme Court remand, Eleventh Circuit sua sponte invited our continued participation in the case. Case pending.
In re: Vioxx Litigation (E.D. La.)
Represented Merck in federal Vioxx litigation. First trial resulted in complete defense verdict. Second federal trial resulted in $51MM verdict against Merck, verdict subsequently reduced to $1.6MM by the trial court after post-trial briefing. Third, fourth, and fifth federal Vioxx trials resulted in complete defense verdicts.
Jane Doe v. John Doe (DuPage County Circuit Court)
Pro bono representation of mother seeking unpaid child support under a California support order. Brought suit to enforce order in Illinois and case settled with defendant paying 100% of unpaid principal.
Acknowledgements, presentations, and publications
Comment, The Case Against Retroactive Application of the Foreign Sovereign Immunities Act of 1976, 68 U Chi L Rev 253 (2001)
Burdett, J.K.; Mortara, A.K.; Electronic Structure and Properties of the Bunz' Polymers, Chemistry of Materials, 1997, 9, 812
Burdett, J.K.; Mortara, A.K.; Metal-Insulator Transitions and Possible Quantum Effects in Supported Nickel Monolayers, Chemistry of Materials, 1995, 7, 1922
News
Big Wins
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Jacob Krippelz, Sr. v. Ford Motor Company (2009)
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Vioxx Trials (2006)