Andrew C. MacNally

Rolls-Royce v. United Technologies (U.S. District Court, E.D. Va.)
Represented United Technologies and its Pratt & Whitney division in an alleged multi-billion dollar patent case brought by Rolls-Royce.  The technology at issue related to the jet engines (particularly the fan blades) used on the world’s largest airplane, the Airbus A380.  Rolls-Royce sought almost $4 billion in damages and an injunction preventing further sales of the accused engines, which are sold by a joint venture between United Technologies and General Electric.  The Court granted summary judgment in United Technologies' favor finding that United Technologies' engines did not infringe the Rolls-Royce patent.  This ruling was the culmination of a string of successes in which United Technologies also won summary judgment of no willful infringement (by which Rolls-Royce was seeking treble damages up to over $11 billion) and the Court struck Rolls-Royce’s damages theory.

Worked extensively on United Technologies’ defense on damages issues in addition to other dispositive briefing.  Prior to the summary judgment decision, the Court struck Rolls-Royce’s nearly $4 billion damages theory.  In the damages ruling, the Court found that Rolls-Royce’s multi-billion dollar claim for “price erosion and lost profits damages is based on misstatements of the law, a lack of sound evidence, and unsupported economic assumptions, and its paid up royalty theory is similarly flawed.  [Rolls-Royce’s expert’s] report reads more like a lawyer’s brief advocating for the highest conceivable damages award rather than an expert trying to assist the trier of fact reach a reasonable damages figure.  Because of this extensive overreaching, the entire report is undermined.” 

Click here for more details about the case; Click here for the damages ruling

Nicor Gas Co. v. Glenbrook Excavating and Concrete, Inc. (Circuit Court, DuPage County 2010)
Represented public utility company seeking to recover damages caused to four underground gas lines.  Co-chaired three-day jury trial.  Jury found for Nicor, awarding 95% of damages requested.

Neil F. Sullivan, et al. v. E-One Inc., et al. (Superior Court, Middlesex County, Massachusetts)
Represented defendant fire truck manufacturer E-One (and its former parent, Federal Signal) in a product liability action alleging personal injuries stemming from a fire scene accident where a firefighter was injured.  Plaintiffs alleged negligent design, breach of the implied warranty of merchantability and violations of Massachusetts General Law 93A.  Case settled shortly before trial. 

Bayer HealthCare LLC v. Abbott Labs (U.S. District Court, Dist. of Massachusetts)
Representing Bayer HealthCare in patent litigation relating to human anti-TNF alpha antibodies and Abbott’s Humira® medication.

Morgan Stanley v. Discover Financial Services (Supreme Court, New York County, NY)
Represented Discover in dispute concerning division of proceeds from Discover's recovery of $2.75 billion in a settlement of its antitrust litigation against Visa and MasterCard.  Morgan Stanley and Discover disputed what portion of the settlement proceeds were due Morgan Stanley, which spun off Discover while the antitrust suit was pending.  Case settled before trial with Morgan Stanley agreeing to an approximately $85 million reduction in its share of the proceeds.