Mark S. Ouweleen

Representative Matters

Gordon v. The Monsanto Company (St. Louis Cty.)
Trial counsel for Monsanto in products liability case claiming that the herbicide Roundup caused Plaintiff’s non-Hodgkin lymphoma. Plaintiff asserted claims for strict liability design defect, strict liability failure to warn, and negligence. In addition, Plaintiff was represented by one of the attorneys who had previously secured an $80 million verdict in one of the first three Roundup cases to be tried. After a six-week trial, the jury found in favor of Monsanto on all three claims and did not award any damages. That verdict was upheld on appeal.

Allianz Structured Alpha Funds Litigation (S.D.N.Y. 2020-22)
Represented several major institutional investors who collectively lost billions of dollars when the Structured Alpha hedge funds managed by Allianz Global Investors U.S. collapsed in March 2020. Bartlit Beck also served as co-liaison counsel for a group of twenty plaintiffs for purposes of coordinating discovery with Allianz. The cases filed by our clients were settled on confidential terms. See Reuters article here. 

Sensormatic v. The TAG Company US LLC et al.
Trial lawyer for Sensormatic in patent and trade secret trial in U.S. District Court in West Palm Beach, Florida in August and October 2008. Won bench trial on all claims. Affirmed on appeal.

RealNetworks, Inc. v. Microsoft
Represented RealNetworks in an antitrust suit against Microsoft that resulted in RealNetwork's obtaining a $761 million settlement after two years of litigation.

Cases Tried or Otherwise Taken to Judgment

Gordon v. The Monsanto Company (St. Louis Cty.)
Trial counsel for Monsanto in products liability case claiming that the herbicide Roundup caused Plaintiff’s non-Hodgkin lymphoma. Plaintiff asserted claims for strict liability design defect, strict liability failure to warn, and negligence. In addition, Plaintiff was represented by one of the attorneys who had previously secured an $80 million verdict in one of the first three Roundup cases to be tried. After a six-week trial, the jury found in favor of Monsanto on all three claims and did not award any damages. That verdict was upheld on appeal.

Confidential JAMS Arbitration
Trial counsel representing special purpose vehicle in a breach of contract case over the nine-figure acquisition of thousands of patents. Case tried before a three-judge tribunal in New York City over the course of a week.

Network-1 v. Hewlett Packard Enterprise (E.D. Tex. 2017)
Trial counsel for Hewlett Packard Enterprise in a week-long patent jury trial involving Power over Ethernet technology (E.D. Tex.; Judge Schroeder). Won a defense verdict, in which all asserted claims of the patent were found not to be infringed, and also found to be invalid. On appeal, the Federal Circuit affirmed in part, reversed in part and remanded the case for further proceedings.

Cloud Satchel v. Amazon.com (D. Del. 2014)
Represented Amazon.com in patent infringement case relating to document database and retrieval technology and the Kindle portable reader. Won summary judgment of invalidity. Affirmed by the Federal Circuit.

Microsoft v. Yahoo! (Arbitration, S.D.N.Y. 2013)
Represented Microsoft and prevailed in an emergency arbitration seeking a preliminary injunction ordering Yahoo! to transition to Microsoft's Bing Ads in Taiwan and Hong Kong. Defeated Yahoo!'s petition to vacate award in federal court.

Sensormatic Electronics Corp. v. The TAG Company US LLC et al.
Represented Sensormatic in four-week patent trial, Summer and Fall 2008, U.S. District Court in West Palm Beach. Hired to replace former trial counsel on eve of trial. Won complete victory for our client.

Dedrick v. Merck Inc.
Represented Merck. Plaintiff claimed Merck's Vioxx pain relief medicine caused plaintiff's heart attack. Won unanimous jury verdict for Merck on all issues after two-week jury trial in New Orleans Federal Court.

EMC Corporation v. Hewlett-Packard Company, Inc.
Represented Hewlett-Packard in patent litigation relating to data storage systems. Case settled after jury trial.

Combustion Engineering, Inc. v. Imetal v. ABB
Represented Combustion Engineering and ABB in breach of contract action against Imetal arising out of assumption of liabilities in a stock purchase agreement. Obtained summary judgment in favor of CE and ABB on affirmative $30 million-plus contract claim and dismissing all of Imetal's counterclaims. Affirmed in part and remanded in part on appeal. Remainder of case won on remand.

United Technologies Corporation v. Chromalloy Gas Turbine Corporation (Bexar County, Texas)
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. Chromalloy had sought hundreds of millions of dollars in trebled damages. After four-month trial, jury awarded Chromalloy no damages. Judgment affirmed on appeal.

Other Representative Cases

Gilead Sciences, Inc. v. Lupin et al. (D. Del.)
Trial counsel for Gilead in Hatch-Waxman litigation relating to Gilead's Biktarvy(r) (bictegravir) product for the treatment of HIV.

In re Ranitidine Cases (Super. Ct. Cal., Cnty. Alameda)
Lead trial counsel for GSK PLC in multiple products liability cases claiming that the acid suppressant medication Zantac (with the active ingredient ranitidine) caused Plaintiffs’ cancer. Cases settled favorably shortly before trial.

Xarelto Personal Injury Litigation
National counsel for Bayer in defense of lawsuits alleging personal injuries caused by the novel oral anticoagulant Xarelto.

Schindler Elevator v. Otis Elevator (D.N.J.)
Represented Otis in patent infringement lawsuit concerning belts used on elevators. Case settled.

Vioxx® Consumer Class Action Litigation (Circuit Court, Jackson County, Missouri)
Represented Merck in Plubell class action, brought on behalf of Missouri consumers alleging economic losses relating to purchase of Vioxx®.

YAZ®/Yasmin® Personal Injury Litigation
National counsel for Bayer in defense of lawsuits alleging personal injuries caused by YAZ® and Yasmin® oral contraceptives. Cases pending in Federal MDL and several states.

Sunstar, Inc. v. Alberto-Culver Co. 
Represented Sunstar, a leading Japanese manufacturer of consumer products, in trademark and contract dispute involving sale of VO5 hair care products in Japan. Took over case on appeal after client lost jury trial. Won appeal in the Seventh Circuit.

Int'l Union of Operating Engineers Local #68 Welfare Fund v. Merck Inc.
Represented Merck in class action lawsuit brought by payors of prescription benefits, who alleged economic losses relating to purchase of Vioxx. Case settled after New Jersey Supreme Court reversed class certification.

RealNetworks Inc. v. Microsoft Corp.
Represented RealNetworks in antitrust suit concerning digital media and operating system markets. Resulted in $761 million settlement for RealNetworks.

RealNetworks, Inc. v. DVD CCA, et al.
Represented RealNetworks in preliminary injunction proceedings in which movie studios claim that RealNetworks "RealDVD" product violates the Digital Millenium Copyright Act, and sought to enjoin its distribution.

Bradburn Parent Teacher Store v. 3M Company
Represented 3M in antitrust litigation brought by class of retailers concerning transparent tape. Case settled favorably prior to trial.

Sportvision, Inc. v. Princeton Video Image, Inc.
Represented Princeton Video Image, Inc. in patent case concerning insertion of video images, such as billboards and first & ten line, into live broadcasts. Case settled favorably after preliminary injunction hearing.

Professional Activities and Community Service

Catholic Charities U.S.A., Member of Board of Directors

Chicago Shakespeare Theater, Immediate Past Board Chair, Member of Board of Directors and Executive Committee

Jesuit Volunteer Corps, Former Member of Board of Directors

Former Adjunct Faculty, Northwestern University School of Law