6 | WEEK OF APRIL 30, 2012 TOP VERDICTS THE RECORDER | WWW.THERECORDER.COM VERDICTS Continued from page 2 San Mateo Counsel for the plaintiff: Christopher Banks, Rollin Chippey II, Tera Heintz, Matthew Poole and Benjamin Smith, Morgan, Lewis & Bockius, San Francisco Counsel for defendant: Joseph Cotchett Jr. and Nanci Nishimura, Cotchett, Pitre & McCarthy, Burlingame; Kevin Jacobs, David Rodi and Stephen Scheve, Baker Botts, Houston; Michael Liberty, Law Office of Michael D. Liberty, Burlingame 3. INTELLECTUAL PROPERTY The jury awarded both parties in a patent infringement suit. Plaintiffs Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc., Medtronic Puerto Rico Operations Co. and Medtronic Sofamor Danek Deggendorf GmbH initially accused San Diego-based NuVasive Inc. of infringing nine patents. Ultimately, only Warsaw Orthopedic, which said NuVasive infringed on three patents, went to trial. NuVasive subsequently countersued Medtronic Sofamor Danek USA, asserting that the unit violated three of its patents. NuVasive contended that there was no infringement of the Warsaw Orthopedic patents and, instead, argued that the technology at issue is the product of independent development. It further argued that it was the first company to put lateral technology on the market in 2003, and that Medtronic Inc. possessed no such technology at that time. The jury awarded Warsaw Orthopedic $101,196,000 in damages for lost profits, with royalty remainder. The jury also awarded NuVasive $660,000 in reasonable royalty damages for Medtronic Sofamor Danek USA’s infringement of one patent. Case: Medtronic Sofamor Danek USA v. NuVasive, 3:08-cv-01512-MMA-MDD Court: U.S. District Court for the Southern District of California, San Diego Counsel for the plaintiff: Ali-Reza Boloori, Jason Choy, Luke Dauchot, Christopher Lawless, Sharre Lotfollahi, Alexander MacKinnon, Justin Singh and Nimalka Wickramasekera, Kirkland & Ellis, Los Angeles Counsel for defendant: John Farrell, Jonathan Lamberson, Todd Miller and Frank Scherkenbach, Fish & Richardson; Redwood City, San Diego and Boston 4. INTELLECTUAL PROPERTY A jury awarded almost $310 million to MGA Entertainment Inc. in its copyright infringement suit against Mattel Inc. In April 2004, Mattel sued Carter Bryant, a former designer who had left the company to become a consultant for MGA, three years after MGA introduced the Bratz doll product line. Mattel accused Bryant of breach of contract, among other claims. MGA intervened in December 2004. In April 2005, MGA sued Mattel for unfair competition, among other claims. Mattel later amended its complaint to include a number of claims against MGA, including copyright infringement, trade secret misap- propriation, RICO, and aiding and abetting claims involving Bryant’s alleged misconduct. Shortly before phase 1 of trial in 2008, Mattel entered into a settlement agreement with Bryant. The jury returned a verdict in favor of Mattel and against MGA and MGA’s chief operating officer, Isaac Larian, awarding damages calculated by the district court amounting to $100 million. The district court also transferred the Bratz trademark portfolio to Mattel and issued an injunction prohibiting MGA from producing or marketing virtually every Bratz female fashion doll and any future dolls substantially similar to Mattel’s copyrighted Bratz works. MGA appealed and the U.S. Court of Appeals for the Ninth Circuit issued an order staying the injunction. In October 2010, the district court granted a new trial on all claims and vacated the phase 1 verdicts and damage awards. The district court further ruled that a new trial would address all phase 1 and phase 2 claims. By the time of trial in 2011, both MGA and Mattel had amended their complaints and counterclaims. Among other things, Mattel claimed that MGA had attempted to steal Mattel trade secrets and proprietary information by recruiting and/or hiring other Mattel employees in the United States, Mexico and Canada to join MGA. MGA denied that Bryant developed the Bratz concept while working for Mattel. MGA also contended that Mattel employees had gained entry to closed showrooms at toy fairs, using false credentials to steal MGA’s trade secrets and concealed evidence of these activities. The jury ultimately reached a verdict in THE CALIFORNIA BRAIN INJURY ASSOCIATION CONGRATULATES RANDALL H. SCARLETT FOR HIS CLIENT’S VICTORY IN COLE V. VINK WHICH RESULTED IN A $10.6 MILLION DOLLAR VERDICT AND THE 29 th LARGEST IN 2011 536 Pacific Avenue San Francisco, California 94133 800-262-7576 www.scarlettlawgroup.com favor of MGA, finding that Mattel had misappropriated 26 trade secrets. Case: Mattel v. MGA Entertainment, 2:04-cv-09049-DOC -RNB Court: U.S. District Court for the Central District of California, Santa Ana Counsel for the plaintiff: William Price, John Quinn and Michael Zeller, Quinn Emanuel Urquhart & Sullivan, Los Angeles Counsel for defendant: Jennifer Keller, Keller Rackauckas, Irvine; Mark Overland, Law Offices of Mark E. Overland, Santa Monica; Annette Hurst and Thomas Mc- Conville, Orrick, Herrington & Sutcliffe, San Francisco and Irvine; Alexander Cote, Scheper, Kim & Harris, Los Angeles 5. PRODUCTS LIABILITY A jury awarded plaintiffs more than $73 million in a van rollover accident. On April 9, 2004, Anthony Mauro, Marlene Shirley, Alexander Bessonov were passengers of a 15-passenger Ford E-350 Econoline van driven by William Brownell. The van was traveling at approximately 70 mph on Interstate 5 in Kern County when it skidded off the roadway after the tread separated on its rear right tire. The van rolled four times; Brownell and Mauro were ejected and pronounced dead at the scene. Bessonov and Shirley sustained numerous injuries. The Mauro and Brownell survivors, along with Bessonov and Shirley, sued Ford Motor Co.; Sears and Roebuck, the tire installer; Suburban Ford of Sacramento, the Ford dealer that regularly serviced the van; and Goodyear Tire and Rubber Co. (The tire was See VERDICTS page 10
THE RECORDER | WWW.THERECORDER.COM TOP VERDICTS WEEK OF APRIL 30, 2012 | 7 Continued from page 5 RANK CASE DATE COURT TYPE OF ACTION HEADLINES ATTORNEYS AWARD $49,644,258 10 Pedeferri v. White 1/25/2011 Ventura County Motor Vehicle: Parked Car 11 Trejo v. McNeil Consumer & Specialty Pharmaceuticals 10/3/2011 Los Angeles County 12 Casey v. FDCC California Inc. 5/11/2011 San Francisco County 13 Concept Chaser Co. Inc. v. 12/8/2011 Los Angeles Pentel of America Ltd. County Products Liability: Warnings Products Liability: Asbestos Contracts: Breach of Contract 14 Bell v. MasterCraft Boat Co. 6/7/2011 Butte County Products Liability: Design Defect 15 Sharp Image Gaming Inc. v. Shingle Springs Band of Miwok Indians 12/22/2011 El Dorado County Contracts: Breach of Contract 16 Hutchinson v. Bucci 7/25/2011 Solano County Motor Vehicle: Dangerous Condition 17 Nickerson v. Stonebridge Life Insurance Co. 3/16/2011 Los Angeles County 18 Conceptus Inc. v. Hologic Inc. 10/17/2011 Federal Intellectual Property: Patents 19 Liu v. Seybert 3/28/2011 Sacramento County 20 Yoon v. USA 12/28/2011 San Diego County High on marijuana, driver plowed into parked car, officer Pain reliever Motrin lacked adequate warnings: plaintiff Plumber said exposure to asbestos dust caused cancer Ad agency claimed pen maker stole ad ideas Plaintiffs swept off boat when its bow submerged during turn Game machine provider: Tribe breached contract Plaintiffs: Lack of median barrier resulted in head-on crash Insurance: Coverage Plaintiff: Carrier acted in bad faith by not paying full hospital stay Motor Vehicle: Pedestrian Admiralty/Maritime: Boating Accidents GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER A PROFESSIONAL CORPORATION Gwilliam, Ivary, Chiosso, Cavalli & Brewer is proud to be named for the third consecutive year in Verdict Search’s top California verdicts. The firm recognizes partner J. Gary Gwilliam and associate Jayme L. Burns on achieving this key breach of contract and fraud verdict. In Allmed Systems, Inc. versus Healthtronics, Inc. the jury awarded the plaintiff, a small medical business owner, $9,263,345. The jury concluded that Healthtronics, a large medical supply distributor, breached the contract with Allmed Systems and made intentional and negligent misrepresentations to the plaintiff. The jury returned the verdict on November 4, 2011. On February 9, 2012 the Alameda Superior Court awarded plaintiffs’ attorneys fees in the amount of $1,745,740.00, costs in an amount to be determined, and interest on the entire judgment bringing the final award in excess of $11 million dollars. On April 9, 2012, Healthtronics’ motions for judgment notwithstanding the verdict and new trial were denied. Since 1978 the law firm of Gwilliam, Ivary Chiosso, Cavalli & Brewer continues to champion the cause of victims’ rights. The firm specializes in serious and complex cases in the personal injury and consumer law field including business fraud, employment, civil litigation, professional malpractice, product liability and bad faith insurance. It has a superior track record for verdicts and settlements. 1999 Harrison Street Suite 1600 | Oakland, California 94612 510-832-5411 | www.giccb.com Plaintiff claimed competing procedure infringed on patent Young doctor suffered brain injury when hit by car United States Marine Corp F/A-18D Hornet fighter jet crashed into the family home. STRENGTH BY YOUR SIDE Congratulates The Cuthbertson v. LACMTA Trial Team Brian Panish Deborah Chang The 24th Highest Verdict of 2011 Verdict: $17,000,000.00 C. Michael Alder, Beverly Hills, CA of AlderLaw, P.C.; John F. Gerard, Los Angeles, CA of Law Offices of John F. Gerard; Erik B. Feingold, Ventura, CA of Myers, Widders, Gibson, Jones & Schneider LLP Michael P. Manapol, West Hollywood, CA of Law Offices of Brian D. Witzer, Inc.; Brian D. Witzer, West Hollywood, CA of Law Offices of Brian D. Witzer, Inc.; Jeffrey E. Zinder, West Hollywood, CA of Law Offices of Brian D. Witzer, Inc. Dustin Bodaghi, Novato, CA of Brayton Purcell, L.L.P.; Gilbert L. Purcell, Novato, CA of Brayton Purcell, L.L.P. C. Michael Alder, Beverly Hills, CA of AlderLaw P.C.; Marni B. Folinsky, Beverly Hills, CA of AlderLaw P.C.; Ronald Beck, Long Beach, CA of Perona, Langer, Beck & Serbin, APC; Jeffrey I. Ehrlich, Encino, CA of The Ehrlich Law Firm Robert B. Bale, Sacramento, CA of Dreyer, Babich, Buccola & Wood, L.L.P.; Roger A. Dreyer, Sacramento, CA of Dreyer, Babich, Buccola & Wood, L.L.P. Craig C. Allison, Sacramento, CA of DLA Piper LLP (US); Matthew G. Jacobs, Sacramento, CA of DLA Piper LLP (US); Steven S. Kimball, Sacramento, CA of DLA Piper LLP (US) Richard C. Bennett, Oakland, CA of Bennett, Johnson & Galler; Thomas J. Brandi, San Francisco, CA of The Brandi Law Firm Howard S. Shernoff, Claremont, CA of Shernoff, Bidart, Darras & Echeverria, L.L.P.; William M. Shernoff, Claremont, CA of Shernoff, Bidart, Darras & Echeverria, L.L.P. Bryan K. Anderson, Palo Alto, CA of Sidley Austin, L.L.P.; Aaron R. Bleharski, Palo Alto, CA of Sidley Austin, L.L.P.; Nitin Reddy, Los Angeles, CA of Sidley Austin, L.L.P.; M. Patricia Thayer, San Francisco, CA of Sidley Austin, L.L.P.; Tashica T. Williams, Los Angeles, CA of Sidley Austin, L.L.P. Dugan Barr, Redding, CA of Barr & Mudford; Richard J. Molin, Chico, CA of Stewart Humpherys Molin & Griffith, LLP Brian J. Panish, Kevin R. Boyle, L.L.P., and Hon. Peter J. Polos (Ret.); Panish, Shea,& Boyle, Los Angeles and Santa Monica $48,192,880 $41,273,421 $32,875,000 $31,432,741 $30,442,964 $29,277,391 $19,035,000 $18,807,241 $18,264,142 $17,845,000 Continued on page 9 A step into a gap that changed how the MTA treated visually impaired users of its trains: Legally blind Cameron Cuthbertson lost his life after mistaking the gap between rail cars for a doorway. After falling to the tracks, he was crushed to death when the train began to move. His death brought numerous changes and highlighted the fundamental rights of the visually impaired to use public transportation. The jury heard a remarkable story of a brave and humble man from Compton who had a unique relationship with his extraordinary mother. Together, they became heroes in ensuring the rights of those who depend on trains and the LACMTA the most.