Greenberg hit with $100m malpractice suit
Greenberg Traurig has been hit with a $100m malpractice suit over allegations that it failed to properly prosecute patents for a longstanding electronics manufacturing client and committed discovery abuses in related litigation. Leviton Manufacturing sued Greenberg and three of its former intellectual property (IP) partners after the company itself was sanctioned earlier this year for the conduct of Greenberg lawyers in prosecuting Leviton patents.
September 24, 2009 at 09:34 AM
3 minute read
Greenberg Traurig has been hit with a $100m malpractice suit over allegations that it failed to properly prosecute patents for a longstanding electronics manufacturing client and committed discovery abuses in related litigation.
Leviton Manufacturing sued Greenberg and three of its former intellectual property (IP) partners after the company itself was sanctioned earlier this year for the conduct of Greenberg lawyers in prosecuting Leviton patents.
Leviton claims the Greenberg lawyers were "disloyal to their long-time client" and "put their own interest in earning fees in a case where they were barred from appearing as counsel" ahead of their client's interests.
The Leviton suit stems from a May ruling that Leviton's counsel at Greenberg had committed discovery abuses and deceived the US Patent and Trademark Office in filing patent applications. Leviton is appealing that ruling in which the judge fined the company more than $1.04m (£643m).
The Leviton suit names as defendants the firm and three of its former lawyers – Paul Sutton, Barry Magidoff and Claude Narcisse.
In separate statements, both Greenberg and Sutton called the claims "without merit" and said they would vigorously defend themselves. Greenberg said some of the claims "contradict arguments that Leviton has made in another court."
Sutton, who now practises with Magidoff at Sutton Magidoff, began representing Leviton in 1971 on its IP matters.
Leviton matters formed half or more of Sutton's book of business and the company followed him as a client whenever he changed firms, the suit claims.
Greenberg Traurig brought Sutton in as a partner in February 2000 from Thelen Reid & Priest. According to the complaint, Leviton on average paid Greenberg $4.9m (£3m) a year in fees. Between 2000 and 2005, it claims it paid Greenberg more than $38m (£23.5m).
Since 1998, Sutton has helped Leviton file patent applications for technological improvements to devices called ground fault circuit interrupters. Those devices are common in most homes and buildings and are designed to protect people from electric shock by interrupting a circuit when a broken path to the ground occurs.
Leviton claims Sutton did not prosecute patent claims "that covered the full breadth" of the technology.
Leviton claims it had to pay millions of dollars in "excessive fees for a multiplicity of patent application filings in excess of what a patent prosecutor of ordinary skill" would have achieved in following accepted practices. It also claims it was harmed by "widespread infringement" of an improvement known as isolated conductors because it did not until recently have proper patent coverage.
This article first appeared in the New York Law Journal, a US sister title of Legal Week.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBirkenstocks: Footwear or Fine Art? German Law Firm SKW Schwarz Steps Up in Court
Bird & Bird Steers Katjes in Bittersweet Dispute with Lindt & Nestlé Over Vegan Chocolate Patent
Bird & Bird CEO Christian Bartsch: ‘We Aim to Become a Billion-Euro Firm’
Trending Stories
- 1Family Court 2024 Roundup: Part I
- 2In-House Lawyers Are Focused on Employment and Cybersecurity Disputes, But Looking Out for Conflict Over AI
- 3A Simple 'Trial Lawyer' Goes to the Supreme Court
- 4Clifford Chance Adds Skadden Rainmaker in London
- 5Latham, Kirkland and Paul Weiss Climb UK M&A Rankings
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250