Michael J. Valaik

Rolls-Royce plc v. UTC (E.D. Va. 2005-2011)
Trial counsel for United Technologies Corporation in one-week patent trial regarding swept fan blade technology in Alexandria, Virginia in December 2005.  The Court ruled that the parties' respective patents did not interfere and that ruling was affirmed by the Federal Circuit.  Continued representation of UTC after the Federal Circuit ruling in 2010 when Rolls-Royce sued UTC for patent infringement in the Eastern District of Virginia.  The technology at issue related to the same swept fan blade technology as the 2005 litigation and specifically to fan blades on jet engines used on the world’s largest airplane, the Airbus A380.  Rolls-Royce sought over $4 billion in damages and an injunction preventing further sales of the accused engines.  The Court granted summary judgment in United Technologies' favor finding that United Technologies' engine did not infringe the Rolls-Royce patent.  The Court also struck Rolls-Royce's multi-billion dollar damages theory on the grounds that it was based on misstatements of the law, a lack of sound evidence, and unsupported economic assumptions.  For more information see Bloomberg Report.

U.S. v. UTC (S.D. Ohio 1999-Present)
Trial counsel for United Technologies in 10-week bench trial of False Claims Act case brought by the Department of Justice.  Government sought $624 million, alleging price inflation on jet engine sales by UTC division Pratt & Whitney to the Air Force from 1985-1991.  Trial court’s judgment rejected the government’s $624 million damages claim, held that the government suffered no actual damages, and imposed statutory penalties of $7 million.  The action was recently remanded from the Court of Appeals for the Sixth Circuit for further proceedings.

In re Ciprofloxacin Antitrust Litigation (E.D.N.Y. 1999-Present)
Represent Bayer Corporation and Bayer AG in MDL antitrust actions and state actions throughout the United States based on allegations of a conspiracy with certain generic companies regarding the drug Cipro.  Court entered summary judgment in the MDL proceedings in Bayer’s favor in April 2005.  Bayer has already prevailed on appeal in the Court of Appeals for the Federal Circuit and the Second Circuit.

Bayer Schering v. Barr (District of New Jersey 2007-Present)
Trial counsel for Bayer Schering in ANDA IV “Hatch Waxman” litigation involving a patent on Yasmin® against Barr Laboratories.  On December 4, 2007, Judge Peter Sheridan, United States District Court for the District of New Jersey, completed a two-week bench trial on Barr’s challenges based on obviousness, invalidating public use and inequitable conduct.  The Court found the patent invalid due to obviousness and ruled for Bayer Schering on the public use and inequitable conduct challenges.  Bayer Schering has appealed.

Rago, et al. v. Federal Signal Corporation (Cook County, Illinois 2008)
Trial counsel for Federal Signal in five-week jury trial of product liability claims brought by 27 Chicago firefighters.  Plaintiffs alleged that Federal Signal sirens caused permanent hearing loss.  Jury verdict for Federal Signal on all claims of all plaintiffs.

Hyseni vs. I.N.S. (2004) 
Trial counsel for a young Albanian woman in pro bono asylum hearing before Immigration Judge.  Client requested asylum in the United States to escape persecution based gender.  Asylum granted.

Carrier Class Action Litigation
Represented Carrier in four consumer class-action lawsuits relating to secondary heat exchangers in furnaces manufactured by Carrier.  Won Wisconsin case on summary judgment.  Other lawsuits settled.

Aventis Behring v. Bayer HealthCare and Bayer Corporation
Represented Bayer in breach of contract and patent litigation in Pennsylvania state and federal court relating to recombinant Factor VIII concentrates used in the treatment of hemophilia.  Obtained bifurcation for an early trial of Bayer’s license defense to Aventis’s infringement action, after which the parties reached a settlement.

GenProbe v. Bayer HealthCare and Bayer Corporation
Represented Bayer HealthCare’s diagnostic division in patent infringement suits related to GenProbe patents on nucleic acid detection assays.  The cases settled favorably to Bayer.

Pulliam v. NL Industries, Inc.
Represented NL Industries, Inc. in putative class action alleging lead poisoning from a smelter located in Indianapolis, Indiana.  Class certification denied.

In re Prescription Drug Antitrust Litigation
Represented Eli Lilly & Company in multiple antitrust actions based on allegations of an industry-wide price-fixing conspiracy.  Case settled.