Katherine L.I. Hacker
Bartlit Beck Herman Palenchar & Scott, LLP, 2013-Present, Partner (since 2017)
Susman Godfrey, LLP, Associate, 2011-2013
Cases tried or otherwise taken to judgment
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (D. Mass.)
Trial counsel in three-week race discrimination case against Harvard for its admissions practices that discriminate against Asian-American applicants. For press coverage on a cross-examination that led to mid-trial discovery of damaging documents from Harvard, click here.
Equal Employment Opportunity Commission v. Texas Roadhouse (D. Mass.)
Trial counsel for landmark pattern or practice age discrimination claim brought by EEOC against national restaurant chain. After three-week jury trial in January 2017, case ended in a mistrial because jury was deadlocked after deliberating for one week. Law360 coverage here. Case settled very favorably before retrial.
Confidential Arbitration (AAA)
Trial counsel for oil and gas exploration and production company in commercial and state securities law dispute. Claimant sought more than $25 million. After a two-week arbitration hearing, the arbitration issued a favorable decision on every claim and ordered the claimant to pay our client’s attorney fees.
Device Enhancement LLC v. Amazon.com, Inc. (D. Del.)
Lead trial counsel for Amazon in a patent infringement suit about Amazon’s Silk web browser. Won motion to dismiss challenging the patent as invalid for claiming an abstract idea under Section 101 and Alice Corp. v. CLS Bank International.
Click here for the district court’s motion to dismiss ruling.
Milo & Gabby, LLC v. Amazon.com, Inc. (W.D. Wash. and Fed. Cir)
Trial and appellate counsel for Amazon.com in a patent infringement suit. Secured complete defense verdict for Amazon in a jury trial concerning whether Amazon is liable for patent infringement when third-party sellers offer and sell infringing products on Amazon.com. Milo and Gabby appealed both the jury's verdict on patent infringement and the judge's summary judgment decision on copyright infringement. The Federal Circuit affirmed the case in its entirety.
Click here for Law360 article.
Click here for Geekwire article.
Click here for the jury's verdict.
ContentGuard Holdings, Inc. v. Amazon.com, Inc. et al. (E.D. Tex.)
Trial counsel for Amazon.com in a patent infringement suit about Amazon’s use of digital rights management technology for eBooks sold through the Kindle app, movies sold through the Amazon Instant Video app, and music sold through the Amazon Music app. Case settled favorably shortly before trial.
Core-Mark International, Inc. et al. v. Sonitrol Corp. (Colo. Dist. Ct. and Colo. Ct. App.)
Trial and appellate counsel for defendant Sonitrol, former subsidiary of Tyco International, in one-week damages-only retrial. Before Bartlit Beck got involved, a previous jury found Sonitrol willfully and wantonly breached its burglar-alarm monitoring contract with Core-Mark. Sonitrol’s breach stemmed from its failure to detect three burglars in Core-Mark’s warehouse, which allowed the burglars to loot the warehouse for three hours. Eventually, one of the burglars lit two fires that burned for five days and destroyed the entire warehouse. Core-Mark claimed damages for both the theft and arson, which totaled over $23 million in damages and climbed to over $50 million with pre-judgment interest. Despite the fact that the jury in the previous trial had given Core-Mark all the damages they asked for and despite the fact that the Court precluded Sonitrol from calling a damages expert, the jury in the re-trial awarded Core-Mark only $2.75 million in theft-related damages, the damages number Sonitrol sponsored. The jury awarded no fire-related damages. And the Colorado Court of Appeals affirmed the jury’s verdict.
Elm 3DS Innovations, LLC v. Micron Technology, Inc., Samsung Electronics Co., Ltd., SK hynix Inc. (D. Del.): Trial counsel for Elm 3DS in a patent infringement case about three-dimensional integrated circuits.
Realtime Adaptive Streaming LLC v. Wowza Media Systems, LLC (D. Colo.):
Co-lead counsel for Wowza, along with Eric Olson, in a patent infringement case about the use of the H.264 video compression standard. Plaintiff filed dozens of cases across the country and tried to get them consolidated into multidistrict litigation. But we defeated that motion, and the case settled favorably shortly afterwards.
Click here for the Judicial Panel on Multidistrict Litigation’s order.
SushiQuik, LLC v. Amazon.com, Inc. (D. Colo.)
Lead trial counsel for Amazon in a trademark infringement case about sushi-rolling kits sold on Amazon.com. Secured voluntary dismissal before discovery even started.
Washington v. Trinity Industries, Inc. & Trinity Highway Products, LLC (M.D. N.C.)
Defending Trinity in action alleging personal injuries from Trinity's ET-Plus guardrail end terminal system. Case settled favorably shortly before trial.
U.S. Airways v. Sabre Holdings Corp. et al. (S.D.N.Y.)
Trial counsel for Sabre in antitrust action relating to the display of U.S. Airways' fares in Sabre's Global Distribution System.
Santa Clara County et al. v. NL Industries, Inc. (Santa Clara Super. Ct.)
Trial counsel for NL Industries in a public nuisance action related to lead-based paint brought by a number of California municipalities.
ADT Holdings, Inc., ADT Security Services, Inc., and Automated Security Corp. v. National Union Fire Insurance Company of Pittsburgh, PA (10th Cir.)
Appellate counsel for Tyco International Ltd.’s ADT subsidiaries in an insurance coverage action related to the warehouse fire trial, Core-Mark International, Inc. et al. v. Sonitrol Corp. Case was jointly dismissed as coverage issues did not need to be decided based on the favorable result in Core-Mark.
Good Shepherd Hospital v. CompleteRx, Ltd. (Tex. App.)
Trial and appellate counsel at former firm for CompleteRx, Ltd., a pharmacy management company, in a breach of contract dispute with an ex-client hospital. Briefed, argued, and won writ of mandamus from a Texas state court of appeals requiring the trial court to allow CompleteRx to use the Texas offer of settlement statute.
Click here for the mandamus ruling
Medivation, Inc. v. Regents of the University of California and Aragon Pharmaceuticals, Inc. (San Francisco Super. Ct.)
Trial counsel at former firm for Aragon Pharmaceuticals, Inc. in a breach of contract case concerning the right to develop certain chemical compounds for the treatment of prostate cancer. Won summary judgment granting Aragon the exclusive right to develop a promising prostate cancer treatment valued at over $200 million and rejecting all of the plaintiff’s claims for damages. The case was upheld by the California Court of Appeals.
Click here for the summary judgment rulings
- Core-Mark v. Sonitrol (Adams Cty, Colo. 2014)