Morrison & Foerster
2018 NLJ Winning Litigator: Arturo J. Gonzalez, Morrison & Foerster
August 27, 2018 at 01:00 PM
2 minute read
Arturo Gonzalez of Morrison & Foerster.
Arturo J. Gonzalez, Morrison & Foerster
Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.
Phoenix Technologies claimed that VMware breached a license agreement and violated copyright laws. Phoenix sought $110 million for past royalties, plus future royalties. We argued that the lawsuit was manufactured by disgruntled investors.
This matter was based on a 10-year-old contract, and the persons who negotiated that contract were no longer employed by Phoenix or VMware. Thankfully, we were able to locate Phoenix's former CEO in Colorado, and took his videotaped deposition. He made admissions that were contrary to what Phoenix was arguing at trial. The federal jury returned a defense verdict, finding no infringement and that Phoenix waived its right to claim infringement.
Share two trial tips that have been key to your success.
- Always know the facts better than anyone in the courtroom. I try to read every deposition transcript and every trial exhibit. I normally prepare deposition designations myself, and prepare objections to our opponent's designations.
- Focus on the key points that will matter to the jury. Emphasize those themes from start to finish. Let the collateral stuff go.
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