NEARLY $100 MILLION AWARDED IN MEDICAL DEVICE INFRINGEMENT CASE

Smith & Nephew, Europe's largest maker of shoulder and knee implants, has been awarded $85 million after a federal jury found Arthrex Inc. infringed the company's patent on surgical anchors.

The jury in Portland, Ore., found that Arthrex's Bio-SutureTak, Peek SutureTak, PushLock and Bio-PushLock violated the patent rights of London-based Smith & Nephew. The devices are anchored to a bone to repair tears in the rotator cuff or in the labrum, a fibrous ring in the shoulder socket.

The case has gone before a jury three times, which began in 2004. The first ended in a mistrial. The second resulted in a $14.7 million award against Arthrex that was overturned by an appeals court.

The Litigation Group was involved on the last two trials. "We are very pleased with the outcome of the case," said Mark Gerard, president of The Litigation Group.

ELEVATOR COMPANY SCORES SWEEPING PATENT VICTORY OVER PRIMARY COMPETITOR

Schindler Elevator Corporation and Inventio AG obtained a jury verdict that its competitor, Otis Elevator Co., infringed numerous claims in Schindler's patent on its personalized elevator control system known as Schindler ID®. The Litigation Group partnered with attorneys from Knobbe Martin Olson & Bear on the case.

Schindler filed suit in the Southern District of New York, accusing Otis of infringing a Schindler patent as soon as the 7 World Trade Center opened in New York City in 2006 with Otis's competing system. Schindler and Otis are the two largest elevator and escalator companies in the world. Schindler's product protected by the patent uses radio frequency identification (RFID) technology to allow elevator passengers to identify themselves with a badge or other electronically readable device.

NEWS CORPORATION SUBSIDIARY, NDS GROUP, EXONERATED IN COURT AFTER FIVE-YEAR SATELLITE-TV PIRACY BATTLE

EchoStar v. NDS

Working closely with the trial team for NDS, a News Corporation subsidiary that provides security software and access cards for DirecTV's satellite television service, The Litigation Group's pre-trial research, jury selection and in-court services provided insightful recommendations that helped to secure a positive result. The four-week trial in Orange County, Calif., ended in a resounding affirmation of NDS and its business ethics.

NDS was accused of cracking the EchoStar access card encryption code and allowing pirates to obtain Dish Network TV signals for free. Despite the fact that the level of damages claimed by the plaintiffs amounted to over $1 billion, the jury ultimately decided to award actual damages of $45.69, and statutory damages of $1,000, relating to a single incident involving a test card used by NDS.

"This verdict is a complete vindication of NDS' position at trial, and it puts and end to the lie that NDS is any way responsible for piracy," said Darin Snyder, an attorney for NDS Group. "This is also a vindication of NDS' long-term, anti-piracy strategy."

JURY VERDICT A TRIUMPH FOR APPLETON PAPERS AND THE WISCONSIN COMMUNITY

Columbia Casualty Company, et al. v. Arjo Wiggins Appleton P.L.C.

With guidance from The Litigation Group's jury research, trial consulting and jury selection, the trial team for Appleton Papers was able to obtain a significant victory in insurance coverage in a case related to the cleanup of PCB pollution in Wisconsin's Lower Fox River.

The case centered on recovery under general liability insurance policies for the cost of remediating PCB contamination to the Lower Fox River. Specifically at issue in the case was the determination of property damage caused by the discharge of PCB-a by-product of carbonless paper production-as well as whether Appleton's 1998 notice to the insurance companies for PCB contamination-related coverage was issued in a timely fashion. Significantly, the jury unanimously ruled in favor of Appleton and delivered its verdict after only five hours of deliberation.

"This case involved insurance coverage for one of the largest environmental sites in the country," said Randy Paar, co-lead counsel in the case and partner at Dickstein Shapiro LLP. "The jury verdict shows what a tremendous asset CGL policies can be to policyholders who vigorously pursue their rights under their insurance policies. All of the insurance companies' defenses were?rejected unanimously by the jury. This is a significant victory for policyholders, as well as the Fox River Valley community in Wisconsin."

AMGEN WINS A DECISIVE VICTORY IN PATENT BATTLE OVER ROCHE'S ANEMIA DRUG

Amgen v. Roche

The Litigation Group's jury research and selection guidance provided leading human therapeutic/biotechnology company Amgen with valuable support that helped to win a case against Roche in Boston, Mass.

Roche was accused of using Amgen's innovations, which revolutionized the treatment of people with anemia; Amgen's Epogen and Aranesp products are approved by the FDA to treat people with chronic kidney failure and cancer patients receiving chemotherapy. The jury found that Roche's pegylated-erythropoietin (peg-EPO) product, Mircera, infringes upon 11 Amgen EPO patent claims.

"It's nice to see Amgen's position so thoroughly vindicated," said Amgen attorney, Lloyd Day. "It has been a long time coming."

FAVORABLE VERDICT REACHED FOR SOUTHWEST GAS STORAGE AND PANHANDLE EASTERN

Hope Land Mineral Corp. v. Panhandle Pipe Line Co.

Using strategies from The Litigation Group's research and jury selection, Southern Union Company received a favorable jury verdict in a case affecting its Southwest Gas Storage Company and Panhandle Eastern Pipe Line Company business units.

The case before the Livingston County, Michigan Circuit Court involved a claim by Hope Land Mineral Corporation alleging trespass and unjust enrichment with respect to a portion of the company's Howell natural gas storage field. While Hope Land claimed damages in excess of $20 million, the jury awarded only $26,000 in respect of condemnation and $65,000 for trespass. The jury declined to impose any damages for unjust enrichment, and no attorneys' fees were awarded.

"We are delighted that this case, which commenced in 1998, has been resolved so successfully for the company," said Eric D. Herschmann, senior executive vice president. "The decision of the jury reinforces our determination to vigorously defend our legal rights."