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Fujitsu v. Belkin, Netgear et al.*
In this intellectual property case, co-defendant law firms Reed Smith (San Francisco), Winston & Strawn (Los Angeles & Houston) and the Law Offices of SJ Christine Yang (Los Angeles) retained Clear Case Legal to create over 150 tutorial and Markman frames for presentations regarding six key claim construction terms.
Liberty National v. Chicago Title Insurance*
The Los Angeles firm of Hennelly & Grossfeld retained Clear Case Legal to support its defense of Chicago Title. The multi-million dollar case revolved around a private family lawsuit, which plaintiffs claimed the title insurance company should have defended and which plaintiffs claimed hindered their efforts to sell a large commercial property. Working with lead counsel and the firm’s jury consultant, Clear Case Legal designed and produced over 15 strategic digital, interactive and hardboard graphics that were used in opening, the case-in-chief, with experts, and at closing. The jury responded with a unanimous verdict on all counts in favor of the defense.
eTool Development v. National Semiconductor*
Clear Case Legal was retained by the defense team at Morrison & Foerster to design and author a Markman DVD tutorial for the judge in Texas’ Eastern District. With a rapidly approaching deadline, and utilizing archived materials, patent office and prior art documents, as well as original animations, the Clear Case team was able to produce the 27-minute tutorial on schedule.
Young* v. Crestwood Behavioral
The Law offices of Freeman & Freeman hired Clear Case Legal to support plaintiff in this tragic medical malpractice suit. The health facility claimed it followed protocol and that the heretofore-functioning 60-year old woman simply declined from natural causes. However, Clear Case Legal prepared comparative photos, doctor reports and other startling documentation showing that the woman deteriorated not once but twice in the facility’s care from mistreatment till she was in a permanent vegetative state. On the first day of trial, presenting one of the dramatic demonstratives to opposing counsel, defense settled very favorably with our client.
Wi-Lan v. Westell Technologies, Intel, Broadcom et al*
Co-defendant Broadcom, through its Latham & Watkins trial team, retained Clear Case Legal to design, produce and author a complex DVD tutorial for their Eastern District (Texas) Markman Hearing. This high-stakes litigation, which involves 26 co-defendants, alleges various patent infringements focusing on DSL and other Internet technologies. Working within a short time frame, Clear Case designed a series of twelve animations clarifying fundamental DSL concepts as well as illustrating the patented technologies in question. The judge ruled favorably on our client’s arguments.
BJ Miler et al v. Chicago Title Co.*
The team of Latham & Watkins and Miller Starr Regalia retained Clear Case Legal in this complex high-profile four-year defense of Chicago Title Co. At issue were multiple co-plaintiffs alleging that our client helped facilitate a $30 million real estate fraud. Already found guilty of the fraud was plaintiffs’ long-time associate and social contact. As information was revealed over years of discovery, and working with both legal teams, in-house counsel and jury consultants, Clear Case provided story and theme analysis, defense and plaintiff graphics for mock trials, and finally an extensive series of opening, trial and closing demonstratives compartmentalizing the inconsistencies and duplicitous arguments of each individual plaintiff, many of whom willingly participated in the fraud. The months-long trial ended in a jury verdict overwhelmingly exonerating Chicago Title in 17 of the 19 plaintiff demands. The other two outstanding (minor) claims settled very favorably for our client.
Karaeff v. Trius Diagnostic Imaging*
In this medical malpractice and insurance defense case, plaintiff claimed that she was unable to work due to defendant’s negligence. Working with lead defense counsel from the law firm of Carlson Calladine & Peterson, Clear Case Legal assisted in the development of the over-arching theme and its integration into two timelines – a hardboard for opening statement and a digital interactive tool for the case in chief and closing. These graphics included recurring medical icons and provided a more accurate view of plaintiff’s medical history illustrating her lifelong medical issues, including those she alleged defendant had caused. Using the hardboard timeline in mediation talks, defense counsel was able to favorably resolve the case.
HP HOOD Enforcement Action
Farella Braun+Martell retained Clear Case Legal to assist in the defense of their client, a large agribusiness. The environmental hearing, a precursor to potential regulatory charges and plant reconfiguration costs, required that defendant clearly – but inexpensively – demonstrate to regulators their adherence to state-mandated cleaning procedures and equipment. Working with counsel over a major holiday vacation period, Clear Case designed, produced and had printed two simple oversized hardboards demonstrating the facility’s orientation and process. In the hearing the issues were immediately dropped in our clients favor.
American Airlines v. Yahoo!*
American Airlines filed a complaint against Yahoo! claiming that the search giant was selling AA's trademarks to third parties for use in sponsored search ads. Morrison & Foerster retained Clear Case Legal to help defend its client against the alleged trademark infringement. With a pending mock trial just weeks away, we produced a series of graphics to test key arguments for both plaintiff and defense. Because of the quick turnaround and to contain costs, we prototyped the demonstratives in PowerPoint, with the intention of building them out once the mock jurors had weighed in. The case settled successfully before trial.
CNET* v. Etilize
Winston & Strawn, representing plaintiff, hired Clear Case Legal to consult on story structure and produce demonstratives for mock trial, expert witnesses and trial. The patent infringement case revolved around the theft of trade secrets, confidential data, and the use of CNET's patent for creating online electronic catalogs. Approximately 30 graphics, animations and interactive tools were designed, first to test arguments in mock and then to educate the jurors about the pivotal patented technology that created unprecedented labor efficiencies, efficiencies that "brute force" manual labor could not duplicate. Shortly before trial, the case settled favorably for our client.
Metcalf Builders v. Belvedere Towers*
In this contract/insurance defense dispute that revolved around construction completion funds, the defense team of Gerrard Cox Larsen (Las Vegas) retained Clear Case to create demonstratives for the bench trial. Of particular interest: we developed an interactive tool that allowed lead counsel to graphically chart and compare the contractual priority dates and plaintiff's testimony against photos, documents and statements of other disinterested parties that clearly contradicted plaintiff's statements.
Starrh Cotton Growers* v. Aera Energy
In this landmark environmental damages case, for which the underlying jury had found trespass on Starrh land, the Law Offices of Ralph Wegis (Bakersfield) retained Clear Case Legal for plaintiff. Working with a geographically diverse trial team of attorneys and consultants, we designed and produced a series of demonstratives (for focus groups, mock trial and trial) that concentrated on the law's intent and the clear choice that defendant made to trespass. The jury returned a $8.5 million verdict in our client's favor.
Global Locate / SiRF Technologies* ITC Administrative Hearing
Orrick Herrington & Sutcliffe retained Clear Case Legal to produce a tutorial and other expert witness demonstratives to be presented before The International Trade Commission to educate the court as to the underlying technology and the patents-in-suit. Due to the accelerated scheduling of the ITC hearing, we had three weeks to plan, develop and produce the tutorial that explained the complex workings of GPS and the technical concepts at the heart of the patents. Using narration, video, 2D and 3D animation, the tutorial proved to be very effective in bringing the court up to speed as to the underlying technology. The trade dispute remains under review.
McKesson/Bear Stearns Securities Litigation
In this class action lawsuit, lead counsel Bernstein Litowitz Berger & Grossmann hired Clear Case Legal to provide a visual roadmap to help jurors understand the nuances of the Merger and Acquisition process and the key role played by the defendant, investment bank Bear Stearns. We produced a series of tutorials to lay foundation, then honed in on key documents that evidenced fraud. A video montage dramatically spotlighted contradictory testimony by key defense witnesses. The case settled favorably.
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