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Litigator of the Week: And the Runners Up...
February 8th, 2019
A shout-out to the runners up for Litigator of the Week,
Sidley partners Jim Badke, Ching-Lee Fukuda and Sona De won a $155 million jury verdict in Delaware federal court for Bayer Healthcare in its patent infringement lawsuit against Baxalta Inc. The six-day trial involved Bayer’s patent on its flagship hemophilia drug Adynovate. The jury found all asserted claims of Bayer’s patent were valid and infringed, and applied a royalty rate of 18 percent to net sales of Adynovate.
Kaplan Hecker & Fink name partner Sean Hecker delivered a speedy win on behalf of the Federal Defenders of New York, suing to restore the constitutional rights to hundreds of individuals detained at the Metropolitan Detention Center in Brooklyn. A fire at the facility caused power outages and heating system failures, as well as “near total cancellation of legal and family visiting for male inmates,” according to the Feb. 4 complaint. U.S. District Judge LaShann DeArcy Hall immediately ordered the government to reinstate legal visiting.
Jeff Thomas and Sam Liversidge of Gibson, Dunn & Crutcher scored big for Hewlett Packard Enterprise Co. against Oracle in a long-running copyright infringement case, where Oracle sought about $100 million plus punitive damages and injunctive relief. On the eve of trial, U.S. District Judge Jon Tigar of the Northern District of California granted summary judgment to HPE—handing Oracle its first loss in its long-running series of cases against its competitors in the software support market.
Jenner & Block partner Brian Fischer won an appellate victory in New York state court on behalf of angel investor Brian Cohen and New York Angels Inc.. Fischer’s clients were sued by an entrepreneur who alleged that they stole confidential design concepts and ideas and conveyed them to the (non-party) creators of the website Pinterest. The New York Appellate Division, First Department unanimously affirmed the lower court’s decision to dismiss the case on summary judgment.
Read this at Law.com.