Bartlit Beck Herman Palenchar & Scott LLP, Partner
Chris Lind serves as lead trial counsel in high-profile matters before juries, judges, and arbitrators throughout the United States. Chris’ representations span an unusually broad range of complex commercial litigation, including matters involving antitrust, accountants' liability, intellectual property (including patent infringement, trademark infringement, Lanham Act claims, and copyright infringement), fraud and securities litigation, breach of contract, and insurance coverage. Chris served as Special Trial Counsel to the United States in its antitrust enforcement action against Microsoft.
Chris has "garnered national praise for his high-profile victories" (Benchmark Litigation), "received praise from his peers for his 'exceptional trial skills'" (Benchmark Litigation), and was identified earlier in his career as one of the 10 "Rising Stars of the Trial Bar" (Chicago Lawyer). Chris has been described as a "down-to-earth lawyer who engenders fierce loyalty in clients". "He can get up to speed on any area of technology easily, is a great writer and is quick on his feet at trial," and "uses his narrative skills to cut through the technical minutiae that can bog others down." (Intellectual Asset Managers (“IAM”) Patent 1000)
Chris joined the firm at its inception, while finishing his last year of law school, and returned after a clerkship with Honorable A. Raymond Randolph on the United States Court of Appeals for the D.C. Circuit. Chris attended Northwestern University Law School from which he graduated first in his class.
He is a member of the bar in Illinois and Colorado (inactive) and has been admitted to practice in state and federal courts across the country, including the United States Supreme Court.
Cases tried or otherwise taken to judgment
Gordon, et al. v. Sabre (S.D.N.Y.)
Lead trial counsel for Sabre in a putative class action brought against Sabre by purchasers of airline tickets. The putative class includes “all residents of the United States who purchased an airline passenger ticket for travel on any of the Airlines between June 1, 2006 and the present.” Plaintiffs claim Sabre conspired with its competitor "global distribution services" operators, Amadeus and Travelport, to require certain terms in their contracts with airlines, which allegedly caused Plaintiffs to overpay for their airline tickets. Lind won a motion to dismiss 100% of Plaintiffs’ claimed damages. Claims for equitable relief are pending.
U.S. Airways v. Sabre Inc. (S.D.N.Y.)
Lead trial counsel for Sabre in antitrust action relating to contract between U.S. Airway and Sabre concerning Sabre’s Global Distribution System. U.S. Airways sought $1.4 billion in trebled damages. Won motions to dismiss monopolization and declaratory judgment claims. Won summary judgment on claim for injunctive relief and over 75% of Plaintiff's damages claim. Won $6 million costs/attorneys’ fees award. Two-month jury trial resulting in defense verdict on one claim and elimination of 99% of total damages Plaintiff had sought on second claim. Appeal pending.
American Airlines v. Sabre Inc. (Tarrant County, TX, and N.D. Tex.)
Lead trial counsel for Sabre in breach of contract and antitrust actions relating to the display of American's flight and fares in Sabre's Global Distribution System. American claimed $1 billion dollars in damages. Jury trial in Texas state court. Case settled favorably during trial.
Trading Technologies International, Inc. v. SunGard (N.D. Ill.)
Trial counsel for SunGard in patent infringement actions involving patents relating to electronic trading systems. Won summary judgment of noninfringement. Affirmed on appeal.
Rolls-Royce v. United Technologies (E.D. Va.)
Won summary judgment for United Technologies and its Pratt & Whitney division in an alleged multi-billion dollar patent case brought by Rolls-Royce in the Eastern District of Virginia. The technology at issue related to the jet engines (particularly the fan blades) used on the world’s largest airplane, the Airbus A380, as well as a host of other airplanes. Rolls-Royce sought almost $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' 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. Lind argued each of these motions to the Court. UTC, Bartlit Beck put brakes on Rolls-Royce's $4 B IP suit; Judge Tosses Rolls-Royce Infringement Megasuit Against UTC over Airbus Engines; Benchmark Litigation, 2012, Litigation Star - Chris Lind.
Confidential AAA Arbitration (Dallas, Tex.)
Lead trial counsel for “Big Four” accounting firm in AAA arbitration against principals of multi-billion dollar investment firm and former executives of Fortune 100 company. Plaintiffs alleged our client’s tax shelter advice led to hundreds of millions of dollars in damages. Lind was hired shortly before trial to try the case.
Metropolitan Mortgage & Securities Litigation (Seattle and Spokane, Washington)
Represented Ernst & Young in federal securities class action suit and related arbitrations surrounding the collapse and bankruptcy of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate and insurance conglomerate. Plaintiffs alleged accountants' negligence relating to audit work. Won back-to-back complete defense verdicts in separate trials involving claims for hundreds of millions in investment losses brought by Metropolitan's insurance subsidiary and the bankrupt estate. Class action case settled favorably shortly before trial.
Honeywell International, Inc. v. Hamilton Sundstrand Corporation (D. Del.)
Lead trial counsel for United Technologies' Hamilton Sundstrand division in patent infringement matter involving patents on methods for controlling surge in auxiliary power units used on large commercial airplanes. Hired to try case relating to Festo issue after case remanded to trial court. Won complete defense judgment and reversal of prior $46.5 million jury verdict. Affirmed by Federal Circuit and cert. denied by U.S. Supreme Court. Read more: Honeywell $46.58 Million Jury Verdict Overturned
Honeywell International, Inc. v. Hamilton Sundstrand Corporation (D. Del.)
Lead trial counsel in successful defense of United Technologies' Hamilton Sundstrand division in a patent infringement trial. Honeywell alleged that Hamilton Sundstrand infringed a patent relating to the starting of an Auxiliary Power Unit for an airplane. Honeywell sought $135 million in damages (including interest and treble damages). Jury verdict in client's favor, finding that Hamilton Sundstrand did not infringe Honeywell's patent and that the patent was invalid.
Viskase Corporation v. American National Can Co. (N.D. Ill.)
Obtained largest patent infringement damages judgment of the year, and reportedly one of largest patent judgments of all time (at the time). Represented Viskase in patent infringement matter involving patents on biaxially oriented heat shrinkable polyethylene films used in the meat packing industry. Hired as trial counsel after Court vacated original jury award. Won summary judgment of infringement and reinstatement of original damage award, plus enhanced damages for willful infringement. Damages of over $164 million awarded to client. Case settled while on appeal, after judgment for Viskase.
Erricos v. Stryker Corp. (S.D.N.Y. and Kalamazoo County, MI)
Lead trial counsel for Stryker in breach of contract action stemming from Stryker's acquisition of SpineCore, Inc., a developer of artificial spinal discs. Plaintiffs alleged approximately $250 million in damages. Won summary judgment, after which case settled favorably.
Confidential AAA Arbitration (Minneapolis, MN)
Lead trial counsel for “Big Four” accounting firm in AAA arbitration against hotel developer. Plaintiff alleged accountants’ negligence in advising on ESOP and other tax issues. Case settled favorably during trial after cross-examination of Plaintiffs' witnesses.
Creeden & Associates v. Infosoft (N.D. Ill.)
Lead trial counsel for manufacturers’ representative company in litigation involving misappropriation of trade secrets, copyright infringement and breach of contract relating to computer software. Hired to try case ninety days before trial. Jury trial with judgment entered in client’s favor.
Confidential AAA Arbitration (Washington D.C.)
Lead trial counsel for “Big Four” accounting firm in AAA arbitration against venture capital firms claiming $100 million in damages. Plaintiffs alleged accountants’ negligence regarding due diligence and audit work in connection with large private acquisition. Complete defense verdict in client’s favor.
ICU Medical v. RyMed Technologies (D. Del.)
Representing RyMed in patent infringement matter involving patents related to needleless IV valves. Hired as lead counsel 60 days before jury trial to replace existing counsel. Jury rendered inconsistent verdict, after which both parties moved for a new trial. Verdict of no infringement in retrial.
Mybrary LLC v. Lifetime Memori, Inc. (N.D. Ill.)
Lead counsel for start-up app and web developer in trademark infringement suit against online photo storage company relating to its “Trunx” mark, which infringed client’s “Trunq” mark. Obtained injunction preventing all uses of infringing mark and requiring withdrawal of app and website.
Nicor v. Associated Electric & Gas Insurance Services, Ltd. (Circuit Court of Cook County, Illinois)
Represented Nicor in claim against various insurance companies relating to insurance coverage for mercury spills. Summary judgment granted, leading to stipulated judgment in client's favor entitling client to insurance coverage relating to $100M clean up. Argued appeals before Illinois Appellate Court and Illinois Supreme Court.
B.J. Services v. Halliburton Energy Services (S.D. Tex.)
Represented Halliburton in patent infringement matter involving a patent on methods for fracturing subterranean formations to stimulate oil and gas recovery. Hired to try case ninety days before trial, after all discovery and pre-trial filings were complete. After month-long jury trial, judgment for BJ Services for less than 25% of damages sought.
BISSELL Inc. v. Oreck (W.D. Michigan and E.D. Louisiana)
Represented BISSELL in multiple patent and trade dress infringement and unfair competition actions. Won bench trial defeating Oreck's request for a preliminary injunction. Successfully argued appeal in the Federal Circuit. Oreck settled all cases shortly after summary judgment arguments in two of the cases.
Hoover Co. v. BISSELL Inc. (N.D. Ohio)
Represented BISSELL in patent infringement and trade dress litigation involving Hoover patents on upright deep cleaning extractors, commonly referred to as steam cleaners. BISSELL brought an antitrust counterclaim. Case tried to jury. Hoover settled during trial after BISSELL rested its case.
United Technologies Corporation v. Chromalloy Gas Turbine Corporation (Tex.)
Represented Pratt & Whitney division of United Technologies in suit brought by Chromalloy Gas Turbine alleging various antitrust violations in the repair market for aircraft engines. After four-month trial, jury awarded Chromalloy no damages.
Other representative cases
Avantor Performance Materials, LLC v. Henson (Denton County, Texas)
Lead trial counsel for life sciences company and high-purity chemical supplier, Avantor, in breach of contract and trade secrets claim against former employee for violation of, among other things, a non-compete provision. Obtained TRO precluding Defendant from working with his new employer in a competitive role. Case pending.
Lufthansa, Austrian Airlines, Brussels Airlines and Swiss International Airlines v. Sabre, Inc. (Tarrant County, Texas)
Lead trial counsel for Sabre in breach of contract and tortious interference claims and counterclaims regarding Sabre’s contract with the Lufthansa group of airlines. Case pending.
American Airlines v. Gogo (Tarrant County, Texas)
Lead counsel for Gogo in contract dispute American Airlines brought against Gogo relating to Gogo’s provision of in-flight wireless services to American. Suit was voluntarily dismissed.
Various Plaintiffs v. Citadel (S.D.N.Y.)
Trial Counsel for Citadel in various purported securities class actions brought against exchanges, broker/dealers and high-frequency trading firms. Cases pending.
Hill-Rom Co. v. Stryker Corp. (W.D. Wis. and S.D. Ind.)
Lead Trial Counsel for Stryker in patent infringement actions involving over 20 patents relating to communication networks used on hospital beds and motorized stretchers. Cases pending.
Representing Fortune 500 medical device manufacturer in dispute with private equity firm stemming from the firm's acquisition of client's subsidiary. Case settled favorably.
Morgan Stanley v. Discover Financial Services (N.Y.)
Represented Discover in dispute concerning division of proceeds from Discover's recovery of $2.75 billion in a settlement ending 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.
Edge Capture v. Citadel Investment Group (N.D. Ill.)
Represented Citadel in patent infringement matter involving patents related to automated trading systems in electronic exchanges. Case settled before trial.
BISSELL Inc. v. Hoover (N.D. Ill. and W.D. Mich.)
Represented BISSELL in false advertising claims pending in federal court in Illinois and Michigan. Hired as lead trial counsel three weeks before preliminary injunction trial. Case settled night before opening statements.
Edison Mission Energy, Midwest Generation (Illinois Property Tax Appeal Board)
Represented Edison Mission Energy’s Midwest Generation division in appeal of property tax assessment of largest non-utility electricity generation plant in the United States before the Illinois Property Tax Appeal Board and argued appeal before Illinois Court of Appeals.
Sabre Inc. and Sabre Travel International Ltd. v. Northwest Airlines, Inc. (N.D. Texas)
Represented Sabre in prosecuting breach of contract claim involving its computerized reservation system used by travel agents, and in defending against antitrust claims by Northwest. Case settled favorably.
Lavaflow v. Samsung Electronics Company, et al. (N.D. Ill.)
Lead counsel for Samsung in patent infringement case involving patent relating to cellular phone touch screen technology. Case settled favorably.
Ditzik v. Samsung Electronics America, Inc., et al. (E.D. Michigan)
Lead trial counsel for Samsung in patent infringement case involving patents relating to portable personal computers with adjustable flat panel displays. Hired after close of discovery for Markman hearing and trial. Case settled on favorable terms.
Hoover v. BISSELL Inc. (N.D. Ohio)
Lead trial counsel for BISSELL in patent infringement and trade dress matter regarding vacuum cleaner technology. Case settled favorably before trial.
Chan and Data Innovation LLC v. Time Warner Cable, et al. (W.D. Tex.)
Represented inventor and patent owner in patent infringement matter involving patents on information distribution system relating to technology used in the provision of high-speed cable modem internet access and interactive television services. Case settled favorably.
United States v. Microsoft (D.D.C.)
Special Government Counsel to the United States in antitrust enforcement action against Microsoft. Represented Department of Justice in litigation and Tunney Act hearings.
Lee v. RN Interactive (N.D. Ill.)
Represented book author as lead trial counsel in copyright matter against corporation regarding publishing rights. Case settled favorably with royalty to client.
Honeywell International, Inc. v. Goodrich Corporation (D. Del.)
Represented Goodrich in patent infringement matter involving patents on aircraft Terrain Awareness Warning Systems (“TAWS”), which provide pilots with warnings of possible collision hazards in aircraft’s flight path. Case settled prior to trial.
Royal Appliance Manufacturing Co. v. BISSELL Inc. (N.D. Ohio)
Lead trial counsel for BISSELL in patent infringement matter involving cyclonic vacuum cleaner technology. Hired shortly before Markman hearing and trial to present claim construction case to the Court. Case settled favorably prior to trial.
Recycling Sciences v. Raytheon Co., et al. (N.D. Ill.)
Represented Raytheon in patent infringement matter involving patents relating to soil remediation equipment and processes. Case settled favorably.
Kreamer v. Medtronic, Inc. (W.D. Wisc.)
Represented Dr. Jeffry Kreamer, inventor of stent graft used to treat weakened blood vessels and aneurysms in patent infringement suit against Medtronic. Case settled shortly before trial.
Siemens v. LG Semicon/Hyundai (D. Del. and N.D. Cal.)
Represented Siemens’ Infineon division in patent infringement litigation involving patents on DRAM semiconductor memory chip technology. Hyundai settled shortly before trial.
Alpha Therapeutic Corporation v. Allianz Underwriters Insurance Company, et al. (Cal.)
Represented Alpha in insurance coverage declaratory judgment action involving over 35 policies written by numerous insurers and $375 million in coverage. Appeals court held that Alpha was entitled to the coverage sought.
Cordis Corporation v. Guidant Corp. and Advanced Cardiovascular Systems, Inc. (D. Del.)
Represented Cordis Corporation in patent infringement matter involving Cordis patents on nylon balloon technology for angioplasty catheters. Case settled prior to trial.
Cordis Corporation v. SciMed Life Systems, Inc. (D. Minn.)
Represented Cordis Corporation, a subsidiary of Johnson & Johnson, in two patent infringement matters involving Cordis patents on nylon balloon technology for angioplasty catheters and SciMed patents on various parts of angioplasty catheters and stent delivery systems. Case settled after SciMed acquired a Cordis licensee.
Eichrom Industries v. Calgon Carbon Corp. and Advanced Separation Technologies (N.D. Ill.)
Represented Eichrom as lead trial counsel in breach of contract action concerning contract for the supply of ionic separation equipment used to separate unwanted iron from copper electrolyte in the copper mining industry. Case settled with payment to Eichrom.
Wokas v. Dresser Industries (N.D. Ind.)
Represented the Wayne Division of Dresser Industries, Inc. in patent infringement action in which individual inventor, Albert Wokas, claimed that Wayne’s gasoline vapor recovery system infringed his 1979 patent on gasoline vapor emission control systems. Wokas settled at trial, shortly before opening statements.
Amana Refrigeration, Inc. v. Quadlux, Inc. (N.D. Iowa)
Represented Amana in mediation in connection with declaratory judgment suit against Quadlux concerning Quadlux patents on technology used in commercial and residential light ovens. Mediator found Amana did not infringe Quadlux patents.
First Olefins Limited Partnership v. Phillips Petroleum Company (Del. Ch.)
Defended Phillips Petroleum in preliminary injunction action concerning Phillips’ rights to undertake a $105 million project to increase the output of an ethylene facility in Sweeny, Texas over its partner’s objection. Expedited discovery compressed into five-week period. Preliminary injunction denied.
United Technologies Corp. v. Precision Technologies, Inc. (W.D. Wis.)
Represented United Technologies in preliminary injunction/temporary restraining order action against a supplier threatening to disclose United Technologies’ trade secrets. Defendant agreed to consent order after Complaint filed.
Acknowledgements, presentations, and publications
Recognized as a "Litigation Star" (Benchmark Litigation: Definitive Guide to America's Leading Litigation Firms and Attorneys, 2009-2012)
American Lawyer, quoted in article Judge Tosses Rolls-Royce Infringement Megasuit Against UTC over Airbus Engines(May 23, 2011)
Thomson Reuters, quoted in article UTC, Bartlit Beck put brakes on Rolls-Royce's $4 B IP suit (May 23, 2011)
Chicago Lawyer, quoted in article Changing How Law Firms Do Business (October, 2010)
American Lawyer, quoted in article Discover's Suit Against Morgan Stanley Heats Up (December 8, 2008)
Chicago Daily Law Bulletin, featured in article Keeping Up With Trends In Technology (April 26, 2008 annual Law Day issue)
WGN Radio's "Extension 720" with Milt Rosenberg, guest on radio talk show discussing trial strategy and "Lawyer's Poker: 52 Lessons that Lawyers Can Learn From Card Players" (July 12, 2006)
National Law Journal, Pitching the Gen-X Jury, featured in article discussing the presentation of cases to Gen-X juries (June 7, 2004 issue)
American Lawyer, IT Directors Are From Mars, Lawyers Are From Venus, round table forum on use of technology in practice of law (March 2002 issue)
Northwestern University Law School’s Bartlit Center For Trial Strategy Annual Conference, Chicago (May 2000): The High-Tech Courtroom Presentation – A Better Way To Get Your Message Across
Legal Tech, Chicago (Nov. 1999): Using Scanned Images at Trial: Databases at Counsel Table and Rear Screen Projection are a No-Brainer for Jury Trials
Mealey’s Electronic Evidence Conference, Philadelphia (Sept. 1999): Using Electronic Evidence at Trial
Legal Tech, Chicago (Nov. 1998): Using Databases in Litigation Management and Technology at Trial
Chapin Flemming Business Conference, Palm Desert (June 1998): Integrating and Using Technology in a Litigation Practice
American Inns of Court, N.D. Indiana (November 1997): Using Technology in the Courtroom
- National Law Journal
- Rolls Royce PLC v. United Technologies Corporation (d/b/a Pratt & Whitney) (2011)
- In re Metropolitan Securities Litigation (2009)