• In December 2005, firm attorneys settled client SuperSpeed Software’s patent infringement suit against Oracle Software. The case was pending in the United States District Court for the Southern District of Texas (Houston Division). Michael Heim finalized the settlement with Oracle after the District Court issued a favorable claims construction opinion to SuperSpeed. Details of the settlement are confidential. The suit alleged that Oracle’s software products, including Oracle Parallel Server and Real Applications Clusters, infringed a number of SuperSpeed patents on technology for increasing data processing speed by caching data in local memory. SuperSpeed was represented by Michael Heim and Doug Wilson from the Firm, together with co-counsel from the law firm of Susman Godfrey.
  • Firm attorneys represented Silicon Valley based MicroUnity Systems Engineering, Inc. in enforcing its patent portfolio against entities infringing MicroUnity’s patent portfolio.  In 2004, MicroUnity filed suit against Intel Corporation, alleging that Intel's Pentium III, Pentium 4, and Pentium M processors infringed MicroUnity’s patents covering its “mediaprocessor” technology.  MicroUnity also sued Dell, Inc. for Dell's use of Intel processors.  In October 2005, one month before trial was to commence, MicroUnity, Intel and Dell reached a settlement, the details of which are confidential.  Intel publicly disclosed the financial terms of the settlement in its Third Quarter 2005 10-Q.  Representing MicroUnity against Intel and Dell was Michael Heim, together with co-counsel from Susman Godfrey and Townsend, Townsend & Crew. Subsequent suits were filed against Sony and AMD in 2005 and 2006, respectively. Both suits were successfully resolved in 2007.
  • Working with several other co-counsel firms, Firm attorneys represented the direct Purchaser class in a class action lawsuit against Akzo Nobel. The lawsuit, alleged that Akzo has attempted to monopolize the market for mirtazapine by improperly listing one of its patents in the FDA Orange Book, even though that patent did not cover mirtazapine. The case was handled in the District of New Jersey as part of a Multidistrict Litigation Proceeding, In re Remeron. Azko agreed to settle this case in 2005. Representing the Direct Purchaser Class and handling all patent-related matters was Michael Heim and Russell Chorush from the Firm. Other co-counsel included Garwin Gerstein (lead counsel); Berger Montague, Odom & Des Rouche; and Percy Smith among others.

  • Firm attorneys also represented the Direct Purchaser class of plaintiffs in a Class Action antitrust lawsuit brought against Abbott Laboratories. The lawsuit was subject to a Multi-District Litigation Proceedings handled in the Southern District of Florida, In re Hytrin. The Direct Purchaser alleged that Abbott had committed a violation of Sherman Act Section I by engaging in a fraudulent settlement with a generic challenger. Abbott Laboratories agreed to settle this case in February, 2005. Representing the Direct Purchaser Class and handling all patent-related matters was Michael Heim and Russell Chorush from the Firm. Other co-counsel included Boies Schiller (co-lead counsel); Garwin Gerstein (co-lead counsel); Berger Montague, Odom & Des Rouche; and Percy Smith among others.
  • Firm attorneys also represented the Direct Purchaser class of plaintiffs in a Class Action antitrust lawsuit brought against Bristol Myers Squibb. The lawsuit was subject to a Multi-District Litigation Proceedings handled in the Southern District of New York, In re Buspar. The Direct Purchaser alleged that Bristol Myers had committed a violation of both Sherman Act Section I and Section II by improperly listing a patent in the FDA Orange Book for the drug Buspar, and engaging in a fraudulent settlement with Schein Pharmaceuticals in which Bristol paid Schein in excess of $70,000,000 to drop its patent challenge. Bristol Myers agreed to settle this case in 2003. Representing the Direct Purchaser Class and handling all patent-related matters was Michael Heim and Russell Chorush from the Firm. Other co-counsel included Boies Schiller (co-lead counsel); Garwin Gerstein (co-lead counsel); Berger Montague, Odom & Des Rouche; and Percy Smith among others.
  • Firm attorneys also represented the Direct Purchaser class of plaintiffs in a Class Action antitrust lawsuit brought against Hoechst Marion Roussel, Inc. and Andryx Pharmaceuticals, Inc. The lawsuit was subject to a MultiDistrict Litigation Proceedings handled in the Eastern District of Michigan, Southern Division, In re Cardizem. The Direct Purchaser alleged that Marion Roussel, Inc.
    and Andryx Pharmaceuticals, Inc. had committed a violation of Sherman Act Section I by engaging in a fraudulent settlement with a generic challenger. Marion Roussel, Inc. and Andryx Pharmaceuticals, Inc. agreed to settle this case in 2003. Representing the Direct Purchaser Class and handling all patent-related matters was Michael Heim and Russell Chorush from the Firm. Other co-counsel included Boies Schiller (co-lead counsel); Garwin Gerstein (co-lead counsel); Berger Montague, Odom & Des Rouche; and Percy Smith among others.
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