It was dubbed the patent trial of the century. And not only did Morrison & Foerster win, but a juror was quoted as saying, “The Apple lawyers were better at presenting their case.”
Even for a veteran trial team, that’s a tribute that doesn’t come around often. Morrison & Foerster’s team for Apple v. Samsung, led by partners Harold McElhinny, Michael Jacobs and Rachel Krevans, shared the $1.05 billion victory with Wilmer Cutler Pickering Hale and Dorr. Of course, given the size of Apple and Samsung, a billion dollars in damages isn’t a life-altering sum. Nor has the expensive legal battle hindered Samsung’s global sales. But for Apple, and Morrison & Foerster, it was sweet and satisfying.Morrison & Foerster’s IP litigators scored other notable wins too: David Doyle, Brian Kramer and Anders Aannestad, representing generic drugmaker Sandoz, notched a win against Allergan that gave Sandoz access to the U.S. market for an overactive bladder treatment 13 years ahead of schedule. For Allergan, represented by Fish & Richardson, it was the only loss in 2012 to a generic drugmaker. Morrison & Foerster solidified its win by getting an affirmance at the Federal Circuit and the Supreme Court has denied review.
The firm’s IP team also snatched a victory from the jaws of defeat for client Nuvasive after a $60 million loss at trial for copyright infringement. An appellate team led by Deanne Maynard, Brian Matsui, Arturo Gonzalez and Jennifer Lee Taylor not only persuaded the U.S. Court of Appeals for the Ninth Circuit to vacate the jury verdict and damages award, but in a rare occurrence also persuaded the court to assign the matter to a different judge on remand.