Mark S. Ouweleen
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 1995-Present, Partner (since 2000)
Cases tried or otherwise taken to judgment
Sensormatic Electronics Corp. v. The TAG Company US LLC et al.
Represented Sensormatic in four week patent trial, Summer and Fall 2008, U.S. District Court in West Palm Beach. Hired to replace former trial counsel on eve of trial. Won complete victory for our client.
Dedrick v. Merck Inc.
Represented Merck. Plaintiff claimed Merck’s Vioxx pain relief medicine caused plaintiff’s heart attack. Won unanimous jury verdict for Merck on all issues after two-week jury trial in New Orleans Federal Court.
EMC Corporation v. Hewlett-Packard Company, Inc.
Represented defendant Hewlett-Packard patent litigation relating to data storage systems. Case settled after jury trial.
Combustion Engineering, Inc. v. Imetal v. ABB
Represented Combustion Engineering and ABB in breach of contract action against Imetal arising out of assumption of liabilities in a stock purchase agreement. Obtained summary judgment in favor of CE and ABB on affirmative $30 million-plus contract claim and dismissing all of Imetal’s counterclaims. Affirmed in part and remanded in part on appeal. Remainder of case won on remand.
Chromalloy Gas Turbine v. United Technologies Pratt & Whitney (District Court of Bexar County, Texas)
Represented Pratt & Whitney in antitrust suit brought by world’s largest independent engine-repair company for alleged monopolization. Chromalloy sought $600 million in trebled damages. Jury trial for 3-½ months in August-November 1996. Case won. Jury verdict for Pratt & Whitney allowing no damages. Judgment affirmed on appeal.
Other representative cases
Int’l Union of Operating Engineers Local #68 Welfare Fund v. Merck Inc.
Represented Merck in class action lawsuit brought by payors of prescription benefits, who alleged economic losses relating to purchase of Vioxx. New Jersey Supreme Court reversed class certification. Case now pending as individual action.
RealNetworks Inc. v. Microsoft Corp.
Represented RealNetworks in antitrust suit concerning digital media and operating system markets. Resulted in $761 million settlement for RealNetworks.
RealNetworks, Inc. v. DVD CCA, et al.
Represent RealNetworks in preliminary injunction proceedings in which movie studios claim that RealNetworks “RealDVD” product violates the Digital Millenium Copyright Act, and seek to enjoin its distribution.
Vioxx Third Party Payor cases
Represent Merck in cases pending in New Jersey state court, in which welfare funds and insurance companies seek to recover money paid for Vioxx, claiming that they were misled about the safety and efficacy of the medicine.
Bradburn Parent Teacher Store v. 3M Company
Represented 3M in antitrust litigation brought by class of retailers concerning transparent tape. Case settled favorably prior to trial.
Sportvision, Inc. v. Princeton Video Image, Inc.
Represented Princeton Video Image, Inc. in patent case concerning insertion of video images, such as billboards and first & ten line, into live broadcasts. Case settled favorably after preliminary injunction hearing.
News
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Business Wire
Big Wins
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Sunstar, Inc. v. Alberto-Culver Co. (2009)
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Sensormatic Electronics Corp. v. The TAG Company US LLC et al. (2008)
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Vioxx Trials (2006)
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ABB v. Imetal (2001)
