Big Wins

Bartlit Beck represented DuPont in 10-week Miami jury trial of product liability claims involving DuPont's Benlate fungicide.  Plaintiffs, 27 Costa Rican ferneries, claimed $396 million damages.  The trial court entered directed verdicts for DuPont on all claims of the largest plaintiffs (constituting 60% of plaintiffs' total claimed damages).  The jury awarded other plaintiffs a small fraction of amounts sought.

In December 2009, the Florida court of appeals (1) affirmed the directed verdicts for DuPont on claims of the largest plaintiffs, and (2) reversed all jury verdicts for other plaintiffs due to numerous trial court errors, and remanded for new individual trials.

Representing DuPont were Jeff Hall, Jason Peltz, Karma Giulianelli and Andrew Baak of Bartlit Beck, with Shook, Hardy & Bacon and Hicks, Porter, Ebenfeld & Stein.

Click here to read the appellate court's opinion.

Click here to read related article. 

Click here for Daily Business Review article.

Mark Ferguson, Adam Mortara, Hamilton Hill, and Martha Pacold won a $23 million patent infringement jury verdict against Ford Motor Company on behalf of individual inventor Jacob Krippelz, Sr., in the U.S. District Court for the Northern District of Illinois.  In a subsequent bench trial on willfulness, the Court found willful patent infringement and awarded Mr. Krippelz an additional $33 million in enhanced damages and prejudgment interest.

Click here for news article.

Bartlit Beck lawyers Mark Ouweleen and Bryan Leach convinced the U.S. Court of Appeals for the Seventh Circuit to vacate a three-year old judgment against Sunstar.  The judgment would have prevented Sunstar from using the Japanese VO5 brand on its best-selling hair-care products -- a $100 million line of business. 

Click here to read Judge Posner's opinion.

Click here to listen to Bryan Leach's oral argument. 

Click here for more information about this case.

After a four-week trial, an arbitration Panel consisting of three former federal judges found in favor of Bartlit Beck's client Ernst & Young in an accountant's malpractice claim brought by the bankrupt estate of Metropolitan Mortgage & Securities Co.  Metropolitan, a $2 billion investment, real estate and insurance conglomerate, collapsed in 2004 after suffering liquidity problems and a fraud by its senior management.  This is the second successful defense of E&Y by Bartlit Beck in claims stemming from the Metropolitan bankruptcy.  Together, the claimants in the two arbitrations sought over $300 million in damages.  Metropolitan was represented by Susman Godfrey. 

Adam Hoeflich, Sean Gallagher, Kaspar Stoffelmayr and Carolyn Frantz secured the final dismissal, with prejudice, of all claims asserted in these putative class actions against DuPont.  The plaintiffs had alleged consumer fraud and other claims based on the purchase of cookware coated with DuPont nonstick coatings, and at one point stated they would seek $5 billion in damages.

Click here for Am Law Litigation Daily article.

Bartlit Beck's Fred Bartlit, Jeff Hall, Mike Valaik, and Hamilton Hill represented United Technologies in a 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 case is currently on appeal in front of the 6th Circuit.

Mark Levine, Mark Ouweleen, Sean Grimsley and Shayna Cook won a patent infringement lawsuit for Sensormatic Electronics Corporation against The Tag Company US LLC and Phenix Label Company.  Sensormatic's patents, on technology used in electronic article surveillance, were issued in 1998 and 2000.

Click here for news article.

Fred Bartlit, Glen Summers, Sean Grimsley and Bryan Leach won a complete defense verdict for the U.S. Surgical division of Covidien Ltd. in a landmark patent infringement case.  After a five-week trial in the U.S. District Court for the Central District of California, the jury unanimously found that U.S. Surgical has not infringed a medical device patent held by Applied Medical Resources Corporation.  Applied had sought an injunction and over $300 million in damages (including interest and treble damages).

Click here for news article.

Click here for additional news article.

Click here for additional news article.

Phil Beck, Jeff Hall, Libby Thompson, Mike Valaik, and Carrie Jablonski won a complete defense verdict for Federal Signal in a Cook County jury trial of claims of 27 Chicago firefighters who alleged that Federal Signal sirens caused hearing loss.  After a 5-week trial involving 70 witnesses, the jury returned unanimous defense verdicts on all claims of all 27 plaintiffs, after deliberating for less than 2 hours.

Click here for Press Release 1.

Click here for Press Release 2.

Joe Smith, Allison W. Freedman, Alison Wheeler and Jennifer Heisinger defeated Lexmark in a headline-grabbing patent infringement case brought by Lexmark in the Eastern District of Kentucky.  Lexmark accused Static Control, the world's leading supplier of replacement parts for laser printer toner cartridges, of inducing thousands of its customers to infringe more than 150 patent claims asserted by Lexmark.  After a six-week trial, the jury not only found that Static Control did not induce any patent infringement but went on to find that Lexmark had misused its patents and engaged in anti-competitive behavior.

Click here for news article.

In late 2005 and 2006, Phil Beck and his Bartlit Beck team tried all five Vioxx trials tried in federal court (New Orleans).  Beck and his partners Mark Ouweleen, Shayna Cook, Hamilton Hill, Adam Mortara and Carrie Jablonski won complete defense verdicts in four of the five trials.  Bartlit Beck also won a complete defense verdict in the only state court Vioxx case the firm tried (Los Angeles).

Click here for news article.

Click here for additional news article.

Phil Beck, Jason Peltz and Karma Giulianelli won a complete defense verdict for DuPont in this Benlate products liability trial in Florida state court.  Before our involvement, DuPont had had some difficulty in these kinds of cases in this jurisdiction.  This time, plaintiffs' lawyers sought over $170 million in compensatory damages plus punitive damages, but after a six-week trial, the jury took only 5 hours before returning a complete defense verdict.

Click here for news article.

Bartlit Beck partners Mark Levine and Chris Lind successfully defended Hamilton Sundstrand in a patent infringement trial in Delaware.  Honeywell alleged that Hamilton Sundstrand infringed a patent relating to the starting of an Auxiliary Power Unit for an airplane.  Honeywell had sought $135 million in damages (including interest and treble damages).  The jury found that Hamilton Sundstrand did not infringe the patent, and that the patent was invalid.

Click here for news article.

In the country's most watched patent/antitrust case, Fred Bartlit, Peter Bensinger and Mike Valaik secured a complete dismissal of class action plaintiffs' $10 billion antitrust case in the MDL action pending in the Eastern District of New York.  Plaintiffs' claims related to Bayer's 1997 settlement of a generic drug maker's "Hatch-Waxman" challenge to the validity of Bayer's patent on the blockbuster antibiotic "Cipro."  Antitrust plaintiffs alleged that it was an antitrust violation for Bayer to pay to settle the case even though the generic admitted infringement.  Plaintiffs claimed that consumers were entitled to damages because but for the settlement, they would have paid less for Cipro.  Judge Trager granted Bayer's motion for summary judgment finding that it is not an antitrust violation for the brand to pay to settle on terms within the exclusionary effect of the patent.

Click here for news article.

Don Scott and Les Houtz won complete defense verdicts for Bayer in these two products liability trials in which plaintiffs alleged PPA (phenylpropanolamine) in Alka Seltzer Plus cold medicine caused their strokes.  These were among the first PPA cases to be tried and there are hundreds pending.  The four-week Hardy trial was in Utah state court and the jury rendered its verdict within 24 hours of getting the case.  The two-week Svoboda trial was in Florida state court in Sanford near Daytona Beach and the jury took less than two hours to reach its verdict.

Click here for news article.

Fred Bartlit and Hamilton Hill defeated a damages claim against the investment firm Forstmann Little in this highly watched trial in which the Treasurer of the State of Connecticut sought damages for investment losses to the state pension fund.  After a five-week trial, although the jury found breaches of fiduciary duties, the jury awarded no damages as the state knew of the investments at issue and had approved of them at the time.

Click here for news article.

Fred Bartlit and Glen Summers successfully defended a Tyco subsidiary in the Central District of California by winning a summary judgment of invalidity in this patent infringement action involving medical devices used in laparoscopic surgery.  Tyco hired Bartlit Beck to take over for an international New York-based firm after an adverse summary judgment that one of the asserted patents was valid and infringed.  Our firm assumed the defense against two other asserted patents and invalidated them.

Fred and Glen also successfully defeated a preliminary injunction motion based on findings of infringement related to other patents before our firm's involvement in the case.  As a result of favorable claim construction we obtained in the injunction proceeding, plaintiff abandoned all but one asserted claim.  In March 2005, the Court granted our motion for summary judgment of non-infringement as to that last remaining claim, resulting in a complete defense judgment for our client. 

Phil Beck won a complete defense verdict for Bayer in this first Baycol products liability trial set in plaintiff's chosen venue, Corpus Christi, Texas.  Plaintiff sought over $500 million, and the case was closely watched for likely effect on the thousands of other Baycol cases pending throughout the country.  Bayer's stock price went up 39% on news of the victory.

Click here for news article.

Fred Bartlit and Mark Levine successfully defended Bayer's patent on the blockbuster drug "Cipro" against this "Hatch-Waxman" challenge to the patent's validity brought by a generic manufacturer, Carlsbad.  After a 12-day bench trial, Judge Brewster of the Federal Court in San Diego rejected the generic challenger's claim that the patented invention was obvious.

Click here for news article.

Phil Beck and Jeff Hall won a $96 million jury verdict for Residential Funding in this breach of contract case in Federal Court in New Haven, Connecticut.

Click here for news article.

Phil Beck and Sean Gallagher won James Newsome a $15 million jury verdict in Federal Court in Chicago for his wrongful conviction of a crime he did not commit.  Bartlit Beck showed the jury that detectives had rigged the police lineup in which witnesses falsely identified Mr. Newsome as the murderer. 

Mark Ferguson and Mark Ouweleen won a summary judgment of $30 million in the Southern District of New York for our client ABB in connection with defendant Imetal's breach of contract in the sale of a business. 

Don Scott and Libby Thompson won a complete defense verdict for NL in the first "lead paint" products liability trial brought against the paint industry.

Click here for news article.

Fred Bartlit and Phil Beck represented George W. Bush in the presidential election contest trial before Judge Sauls in Tallahassee, Florida.  The one-week bench trial was televised and resulted in a judgment in favor of Bush.  Famed Harvard Law Professor and TV commentator Arthur Miller remarked, "watching Phil Beck cross examine is like watching someone carve with an Exacto knife."  For more reactions to Bartlit Beck's role in the Presidential Election Trial, click here. 

Phil Beck, Lin Brenza and Adam Hoeflich defended Alpha in a nation-wide series of lawsuits involving claims of AIDS transmission to hemophiliacs through blood factor concentrate marketed by Alpha and other fractionators and used by hemophiliacs to control bleeding.  Their work culminated in the successful defense of Alpha in a 4 month trial in Louisiana brought by the family of a deceased hemophiliac.

Phil Beck and Chris Lind won $165 million in patent infringement damages in the Northern District of Illinois on behalf of plaintiff Viskase, who had a patent on shrink wrap used in the meat packing industry.  Viskase hired us after the trial court threw out a jury verdict in its favor because an expert gave false testimony at trial.  Our firm moved for summary judgment seeking reinstatement of the original damages award and enhanced damages for willful infringement.  The Court granted the motion and the case settled shortly thereafter.  At the time, the award reportedly was one of the largest patent infringement judgments ever.

Phil Beck and Peter Bensinger took over this case for Dresser after it had lost a state court trial in Chicago in which the jury awarded plaintiffs $54 million on account of Dresser's fraud in the sale of a business ($4 million compensatory and $50 million punitive).  The appellate court remanded for a new trial on compensatory damages.  On remand, the jury awarded $1 in damages.  The trial judge then remitted the $50 million punitive award down to $650,000. 

Click here for news article.

Lin Brenza and Elizabeth Thompson represented Alpha in a multi-million dollar indemnity dispute arising out of a corporate acquisition agreement with Abbott.  They defeated on summary judgment and on appeal Abbott's claim that the indemnity dispute had been settled through a subsequent agreement. 

Phil Beck and Adam Hoeflich score a complete victory in this $300 million products liability case.

Click here for news article.

Mark Ferguson won a summary judgment of non-infringement and invalidity for our client NavTech in the Northern District of California.  Etak sued for patent infringement on technology related to computerized in-vehicle navigation and display systems.  Judge Conti entered judgment of non-infringement or invalidity on 91 of 92 asserted claims and the case settled favorably thereafter. 

Fred Bartlit and Lin Brenza took over this case in the middle of discovery to defend Phosphate Engineering and Construction Company's (PECO) rights under its own patent and technology relating to a novel chemical processes for manufacturing a useful chemical (hydrofluoric acid) from a waste product generated by phosphate plants.  After an 8 day jury trial, the jury returned a verdict fully affirming PECO's rights in the technology.  Further, although PECO was defendant, the jury awarded PECO substantial damages against Kaiser.  The verdict and damage award was successfully defended on appeal. 

Fred Bartlit, Don Scott and Mark Levine defended United Technologies in this Texas state court antitrust action in which a company that handled repairs of aircraft engines alleged UT attempted to monopolize the engine repair market.  Plaintiff Chromalloy is reported to have spent $50 million pursuing this case but came up short when the jury awarded no damages even though finding an attempted monopolization.

Click here for news article.

Phil Beck and Peter Bensinger won a complete defense verdict for United Technologies in this cloak and dagger fraud case in Florida state court.  Individual plaintiff, Bob Murphy, claimed United Technologies defrauded him when they introduced him to an Australian company that might help him and his partner develop his prize invention:  a stealth boat built on the frame of a jet-ski which could not be detected by radar.

Phil Beck and Jeff Hall won a complete defense verdict for NL Industries in this toxic tort products liability case brought in Pennsylvania state court in Philadelphia.  Class Plaintiffs alleged they had diminished IQs as a result of exposure to lead from defendant's lead paint plant and also sought cleanup costs and punitive damages.

Click here for news article.

Fred Bartlit and Mark Ferguson won this patent jury trial in White Plains, NY by establishing that our client Miles did not infringe and that the patents in suit were invalid.  Ortho's patents concerned a blood analysis technology that automatically counts and sorts blood cells.  As the jury found no infringement and the patents invalid, the jury did not consider Ortho's $150 million damages claim.

Click here for news article.