Trials

 
 

North Jersey Media Group Inc. v. CafePress Inc., April 2014; S.D.N.Y.; jury trial; represented plaintiff; infringement of the copyright in the famous photograph "Three Firefighters Raising the American Flag on the Ruins of the World Trade Center" against affirmative defenses of fair use and the DMCA; 8 days; adversary represented by Sheppard Mullin; favorable verdict of $27,500; post-trial and attorneys' fees motions pending.

Elsevier Inc., John Wiley & Sons, Inc. and American Chemical Society v. Comprehensive Microfilm & Scanning Services, Inc., December 2013; M.D. Pa.; jury trial; represented plaintiffs; infringement of 2,515 copyrights with an affirmative defense of fair use; 4 days; favorable verdict of $1,500,000 reduced by setoffs from our prior settlements; post-trial motions pending.

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; affirmed on appeal.

John Wiley & Sons, Inc. v. Swancoat, September 2010; S.D.N.Y.; jury trial; represented plaintiff; 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; reversed 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 S.A. v. Montgomery Ward, April 2006; S.D.N.Y.; jury trial; represented defendants; patent infringement; one week; adverse verdict of $4.65 million; 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 million 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.).