Asha L.I. Spencer
Bartlit Beck LLP, 2010-Present, Partner (since 2016)
LoggerHead v. Sears (N.D. Illinois)
Represented LoggerHead against Sears and Apex in a lawsuit alleging patent infringement, trademark infringement and several tort claims arising from Sears’ sales of Craftsman Max Axess Locking Wrenches. After eight-day trial, won jury verdict of patent infringement, and won jury verdict of willful infringement, entitling LoggerHead to treble damages on top of the $5.97 million award. In post-trial briefing, the court granted a new trial and later granted summary judgment in favor of Sears and Apex, which was affirmed on appeal. Click here (Law 360) and here (Crain's Chicago Business) to learn more about the case.
ET Plus Litigation
National counsel for Defendants, Trinity Industries and Trinity Highway Products, in litigation alleging personal injuries from Trinity's ET Plus guardrail end terminal system.
Bayer Pharma v. Watson Labs. & Lupin Ltd. (D. Del.)
Trial counsel for Bayer in Hatch-Waxman litigation against challengers seeking to market a generic version of the oral contraceptive Natazia®. Complete trial victory for Bayer. Read more here.
Trading Technologies International, Inc. v. SunGard (N.D. Ill. and Fed. Cir.)
Trial counsel and appellate counsel for SunGard in patent infringement actions involving patents relating to electronic trading systems. Won summary judgment of noninfringement. Judgment affirmed on appeal. Click here for press report.
In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (U.S. District Court, N.D. Illinois)
Defended Whirlpool in consumer class action against plaintiffs’ claims of breach of implied warranty. Responsible for briefing a motion to decertify the class and for preparing key expert witnesses for trial, including defending expert depositions. Case settled before trial.
Trial counsel in a 5-week arbitration involving a multi-billion dollar infrastructure project. Cross-examined respondents’ damages expert and drafted a motion to exclude respondents’ liability expert (respondents’ withdrew proffered expert before motion was decided).
YAZ/Yasmin Product Liability Litigation
Represented Bayer in nationwide product liability litigation alleging personal injuries caused by the oral contraceptives YAZ and Yasmin. MDL in the Southern District of Illinois and coordinated proceedings in California, New Jersey, and Pennsylvania.
- Reagh v. Bayer (Court of Common Pleas, Philadelphia County, Pennsylvania): Represented Bayer in the second stroke case set for trial in coordinated proceedings pending in state court in Philadelphia.
Neology v. Federal Signal Corporation (D. Del.)
Defended Federal Signal and 3M in patent infringement suits brought by Neology relating to various RFID technologies. Neology sued Federal Signal and moved for a preliminary injunction. We defeated Neology’s motion for a preliminary injunction in a day-long evidentiary hearing (with witness testimony and oral argument on claim construction, invalidity, infringement, and irreparable harm). While district court case proceeded, Neology brought an action against Federal Signal and 3M in the International Trade Commission. Both matters settled before trial.
Merck & Cie v. Watson Labs (D. Del.)
Trial counsel for Merck & Cie and its exclusive licensee Bayer in Hatch-Waxman litigation against challenger seeking to market generic versions of the oral contraceptives Beyaz® and Safyral®. Argued and prevailed on a motion to dismiss.
E.I. du Pont de Nemours and Company v. Heraeus Materials Technology LLC (D. Del.)
Trial counsel for DuPont in patent infringement case relating to conductive pastes used in the manufacture of solar cells. Case pending.
Lectrolarm v. Sensormatic Electronics Corporation (W.D. Tenn. and Fed. Cir.)
Trial and appellate counsel for Sensormatic in patent infringement case involving the design of electronic video surveillance equipment. Secured summary judgment of invalidity. Judgment affirmed on appeal.
Express Scripts v. Walgreen Co. (N.D. Ill. and American Arbitration Association 2011)
Defended Walgreens against a preliminary injunction motion filed by Express Scripts, seeking to shut down Walgreens’ “I choose Walgreens” communications campaign. Walgreens successfully moved to transfer the case from federal court to an AAA arbitration. After a two-day evidentiary hearing, the arbitrator issued a ruling denying the parties' requests for preliminary injunctive relief. After the ruling, Walgreens continued its “I choose Walgreens” campaign. Prior to the hearing on the merits, the parties agreed to dismiss their respective claims. No other action has been or will be taken by either party with respect to this case. Click here for press report.
In re Genetically Modified Rice Litigation (MDL, U.S. District Court, E.D. Missouri; Arkansas Supreme Court)
Represented Bayer regarding appellate issues in on-going nationwide litigation, including briefing in the 8th Circuit and in the Arkansas Supreme Court.
Turner v. Rogers (Supreme Court of the United States)
Represented (along with my colleague Adam Mortara) two law professors in connection with amicus brief at the merits stage. Case involves whether a dead-beat dad who failed to pay child support had a right to an appointed lawyer before he was found in civil contempt.
Plumbers Local #65 Pension Fund v. Nicor Inc., et. al.
Defended Nicor in a set of shareholder class-action suits challenging Nicor’s proposed merger with AGL Resources. The case settled on favorable terms. Led the client through the court’s fairness proceedings to secure court approval for the settlement agreement.