Trials

Pearson Education, Inc., Cengage Learning Inc., and The McGraw-Hill Companies, Inc. v. Almgren; November 2010; D. Minn. Bankruptcy. Ct.; bench trial; represented plaintiffs; copyright infringement and the dischargeability of the resulting debt; one day; decision finding debt non-dischargeable but awarding minimum statutory damages; appealed to the district court on the ground that the bankruptcy court erred in striking plaintiffs' jury demand; affirmed by the district court; appeal pending in the Court of Appeals for the 8th Circuit.

John Wiley & Sons, Inc. v. Swancoat; September 2010; S.D.N.Y.; jury trial; represented plaintiffs; copyright infringement; three days; $12,000 verdict.

Pearson Education, Inc., John Wiley & Sons, Inc., and The McGraw-Hill Companies, Inc. v. Kumar; August 2010; S.D.N.Y.; jury trial; represented plaintiffs; grey goods; three days; favorable decision awarding plaintiffs $624,000 including punitive damages in an amount five times greater than actual damages; affirmed on appeal. 

John Wiley & Sons, Inc. v. Kirtsaeng; November 2009; S.D.N.Y. jury trial; represented plaintiff; copyright infringement; two days; favorable verdict of $600,000 for eight copyrights; affirmed on appeal; decision pending in U.S. Sup. Crt., Docket No. 11-697.

Pearson Education, John Wiley & Sons, and Thomson Learning v. Tjiptowidjojo; April 2007; S.D.N.Y.; jury trial; represented plaintiffs; copyright infringement; three days; favorable verdict of $213,000; attorneys' fees of $115,000 subsequently awarded in a decision reported at 84 U.S.P.Q. 2d 1697.

SEB v. Montgomery Ward; April 2006; S.D.N.Y.; jury trial; represented defendants; patent infringement; one week; adverse verdict of $4,650,000; compensatory verdict reduced by $2 million, but enhanced damages of $2.65 million, attorneys' fees and prejudgment interest awarded and then vacated; affirmed on appeal to the Federal Circuit; affirmed by the United States Supreme Court.

Out-A-Sight Pet Containment v. Radio Systems; October 2004; E.D. Pa.; jury trial; represented plaintiff; breach of contract and antitrust; two weeks; adverse verdict; affirmed on appeal.

Mattel, Inc. v. Goldberger Doll Mfg. Co.; August 2004; S.D.N.Y.; bench trial; represented plaintiff; copyright infringement; one day; adverse decision; settled during appeal to the Second Circuit.

Robinson v. Buy-Rite and MTV Networks; March 2004; S.D.N.Y.; bench trial; represented defendants; copyright infringement; one day; favorable decision; reported at 71 U.S.P.Q.2d (BNA) 1857.

SEB S.A. v. Sunbeam v. Pentalpha; January 2004; S.D. Fl.; jury trial; represented defendant-counterclaimant; breach of contract; one week; favorable verdict of $6.6 million against Sunbeam and unfavorable verdict of $2.45 million against our client; adversary represented by Jenner & Block and Greenberg Traurig; affirmed by the Eleventh Circuit, except remanded for a recalculation of our client's prejudgment interest from June 30, 2001 rather than the date of the jury verdict; $8.1 judgment in favor of our client on remand; two subsequent appeals to the Eleventh Circuit.

Microsoft v. PTI v. Morning Star; August 2003; E.D.N.Y.; jury trial; represented third-party defendant; breach of warranty; two days; defense verdict.

Swedowski v. Ethicon, Inc.; February 2003; N.Y. Sup. Crt.; jury trial; represented plaintiff; premises liability; six days; $100,000 verdict; affirmed on appeal.

Sunbeam Products v. Wing Shing Products (BVI) Ltd.; December 2001; Bankruptcy S.D.N.Y.; bench trial; represented defendant-counterclaimant; design patent infringement; three days; award of $2.35 million; reported at 293 B.R. 586 and 304 B.R. 622; affirmed by the district court at 311 B.R. 378; adversary represented by Weil Gotshal & Manges and Fish & Neave; affirmed by the Federal Circuit at 153 F. Appx. 703 (August 24, 2005); certiorari to the United States Supreme Court denied on January 9, 2006.

Mattel, Inc. v. Internet Dimensions; May 2000; S.D.N.Y.; bench trial; represented plaintiff; cybersquatting; one day; favorable decision; reported at 55 U.S.P.Q.2d 1620.

Solange v. Lane Bryant; June 1999; S.D.N.Y., jury trial; represented plaintiff; trademark infringement; two weeks; adverse verdict; affirmed on appeal.

Townley & Updike v. United Magazine Co.; July 1999; S.D.N.Y.; jury trial; represented defendant; breach of contract; one week; adverse verdict.

Mattel, Inc. v. Jcom; August 1998; S.D.N.Y.; bench trial; represented plaintiff; trademark dilution; one day; favorable decision; reported at 48 U.S.P.Q.2d 1467 (Sotomayor, J.).

D'Orange v. Feely; July 1996; S.D.N.Y.; inquest; represented plaintiff; RICO; one day; award of $1.3 million; reported at 894 F.Supp. 159, aff'd, 101 F.3d 1393.

Kransco Mfg. v. Hayes Specialties Corp.; October 1994; E.D. Mich.; bench trial; represented plaintiff; trademark and patent infringement; one day; favorable decision; reported at 33 U.S.P.Q.2d 1999, aff'd in part, rev'd in part, 37 U.S.P.Q.2d 1722.

Yesner v. Spinner; July 1992; E.D.N.Y.; bench trial; represented defendant; defamation; three days; plaintiff dismissed claim without consideration at the close of the evidence.

D.C. Comics, Inc. v. Bobtron International; July 1990; S.D.N.Y.; bench trial; copyright infringement; represented plaintiff; one day; favorable decision; reported at 17 U.S.P.Q.2d 1404 (Mukasey, J.).