Complex Commercial Litigation

• Represented a health care IT consulting firm in a suit by a former employee who claimed ownership of a proprietary health care software program and sought more than $150 million in damages. After substantial discovery and active litigation, the Polsinelli team secured a complete summary judgment for our client weeks before trial.
• Lead counsel defending TCPA class action brought by serial plaintiff against intermediate telecommunications providers alleged to have “made” unlawful robocalls because they did not block such calls from “invalid” telephone numbers. Plaintiff’s case against our client was dismissed as part of a confidential settlement after our team prevailed on four motions to compel.
• Lead counsel in multiple disputes between national communications companies and retail dealers. Our team has obtained at least four court judgments dismissing cases and referring them to confidential arbitration, including one in which an emergency arbitrator granted our client a preliminary injunction to require the terminated dealer to abide by contract restricting sale of stores to buyers approved by our client. Served as lead trial counsel in two multi-day evidentiary arbitration hearings in 2019 and 2021, both resulting in favorable awards.
• Lead trial counsel for national telecommunication carrier in actions targeting fraudulent and wrongful trafficking of wireless handsets. Our team tried or defended actions tried in New York, Kansas, Michigan, California, Maryland, New York and Florida helping our client substantially clean up the secondary market.
• Lead trial counsel for Fortune 100 company defending claims by a bankruptcy trustee alleging that our client breached an agreement with a joint-venture partner – a struggling national electronics retailer – which caused the bankruptcy of the retailer. After substantial document and deposition discovery, we reached a mediated settlement with the trustee for a small fraction of the original demand.
• Co-lead counsel in multi-state antitrust action on behalf of commercial and industrial purchasers of natural gas, seeking damages for conspiratorial price manipulation. Our team won interim appeals in the Ninth Circuit and U.S. Supreme Court, and successfully settled claims for purchasers in four states totaling more than $120 million to date. Lead trial counsel in action on behalf of a Midwestern state university to redress patent ownership and royalties disputes with former professor. Obtained a six-figure verdict and judgment in favor of our client after an eight-day jury trial; affirmed on appeal.
• Lead trial and appellate counsel for taxpayer assessed with millions of dollars of state income tax liability based on a dispute as to his residency dispute. We obtained successful reversal at the Court of Appeals of an adverse administrative court judgment, leading to favorable decision upon re-trial and appeal.
• Defended a Fortune 100 corporation in an action seeking more than $10 million in damages for alleged breach of an indemnity agreement. After discovery, our team obtained summary judgment  based on findings that the contract did not cover the actions on which the plaintiff based its claim for indemnity, and that the plaintiff’s conduct amounted to the unlawful sale of securities.
• Lead trial counsel for life insurance company defending class action claims arising out of alleged non-compliance with state insurance statutes; case settled after week-long trial.

Intellectual Property Litigation

• Lead counsel defending patent infringement actions against banking software provider. After a nine-day jury trial, obtained a verdict finding all patent claims not infringed and invalid; affirmed by the Federal Circuit.
• For the same client, obtained a stay of another district court case in favor of covered business methods review proceeding in PTAB, which invalidated the claims asserted against the client based on 35 U.S.C. §§ 102 and 103.
• Successfully defended patent infringement action in the District of Delaware, the Court finding all claims invalid under 35 U.S.C. § 101; judgment affirmed by the Federal Circuit. The District Court awarded our client $1 million in attorneys’ fees, which the Federal Circuit affirmed.
• Lead trial counsel for a national over-the-road freight hauling company accused of infringing patent on automated fuel tax calculation. Obtained jury verdict in favor of client in Delaware federal court.
• Lead trial counsel in action on behalf of a Midwestern state university to redress patent ownership and royalties disputes with former professor. Obtained a six-figure verdict and judgment in favor of our client after an eight-day jury trial; affirmed on appeal.
• Represented a professional sports players association enforcing its members' publicity rights against unauthorized users of names and likenesses on games, memorabilia and consumer products. Involved in two ground-breaking decisions on the balancing of publicity rights and First Amendment rights in federal courts of appeals.
• Defended patent infringement claims brought by an owner of patents on LED vehicle lights against our client, a major maker of vehicle lighting products, alleging infringement. After we mounted an attack on the validity of the patents that put plaintiff's licensing program at risk, plaintiff dismissed the case two weeks before trial without any payment by our client.