Minnesota Workers' Compensation Reinsurance Association et al. v. Wells Fargo Bank, N.A. Four nonprofits - Minnesota Workers' Compensation Reinsurance Association, Minnesota Medical Foundation, The Minneapolis Foundation, and Robins, Kaplan, Miller & Ciresi Foundation for Children - participated in a securities lending program run by Wells Fargo. The bank represented that the collateral in the program would be invested in short-term money market instruments, where the prime considerations would be safety of principal and liquidity. Instead, the bank invested a substantial portion of the collateral in risky and/or illiquid securities, including complex structured investments. The jury found that Wells Fargo breached its fiduciary duty and violated the Minnesota Consumer Fraud Act. In post-trial orders, the trial court awarded Plaintiffs attorneys' fees, and costs and disbursements. The trial court also awarded Plaintiffs forfeiture of fees by Wells Fargo and awarded pre-and post-judgment interest. This was the first trial and recovery of this type in the country. On April 16, 2012, the Minnesota Court of Appeals issued its opinion affirming the trial court. On June 27, 2012, the Minnesota Supreme Court denied Wells Fargo's petition for review. The final judgment, plus additional post-trial attorneys' fees paid by Wells Fargo, totaled more than $57 million.
Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation (N.D. Ill.). Trial counsel on behalf of Eolas Technologies, Inc. and The Regents of the University of California in an action for patent infringement of web browser technology for the delivery of interactive applications embedded in web pages. The case was tried in the United States District Court, Northern District of Illinois, Eastern Division, Chicago, Illinois, with Judge Zagel presiding. Jury verdict in favor of Eolas and the University of California on issues of infringement, validity, and damages in the amount of $520.6 million. On January 14, 2004, the court entered judgment for $565,894,868 which included the amount of the original verdict plus prejudgment interest. On appeal, the Federal Circuit affirmed the finding of infringement and the damages award, and ordered that Microsoft's invalidity and inequitable conduct defenses be retried. The case settled on a confidential basis four days before the start of the invalidity trial.
Edge Specialists, Inc. v. Citadel (N.D. Ill.). Represented Edge in a patent infringement case related to automated derivative trading. Case settled prior to trial.
Network Gateway Solutions, LLC v. MultiTech Systems, Inc. (D. Del.). Represented MultiTech in a patent infringement case. Case settled prior to trial.
Sharper Image Corporation v. Honeywell (N.D. Cal.). Represented Honeywell in a patent infringement case related to air cleaners. Case settled prior to trial.
DiMassa v. Medtronic AVE (Cal.). Trade secret litigation concerning the Bonneau stent which was the platform for the AVE business. The case was in jury selection when it settled, employing a creative settlement model. The case was then arbitrated to a JAMS judge in San Francisco.
VistaPrint Technologies Ltd. v. 123Print, Inc., et al. (D. Minn.). Represented 123Print in a patent infringement case.
Ingenix, Inc. v. Contexo Media, et al. (D. Minn.). Represented Ingenix in commercial litigation. Case settled prior to trial.
Jennie-O Turkey Store, Inc. v. Feye (Minn.). Trial counsel for Jennie-O Turkey Store. Case settled prior to trial.
Cross Medical v. Medtronic Sofamor Danek. Appellate counsel for Medtronic Sofamor Danek.
Casey v. U.S. Bank. N.A. Appellate counsel for U.S. Bank.
Ricoh Corp. v. Pitney Bowes Inc. Appellate counsel for Pitney Bowes Inc.
Electromotive Div. of General Motors Corp. v. Transportation Systems Div. of General Elec. Co. Appellate counsel for General Electric.