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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.
Collins* v. Houston Healthcare
In this wrongful death/medical malpractice case, the law firm of O'Neal Brown & Clark (Macon, GA), retained Clear Case Legal to design and produce a single powerful graphic that encapsulated plaintiff's storyline for the Mediator and for defendant, a large medical facility. The timeline we produced unfolded frame by frame presenting 8 critical days paralleling the patient's declining condition and the facility's lack of response or exacerbating action. Following the Mediation Hearing, a settlement was reached in favor of our client.
JahJah v. Stanacard*
In a pre-emptive patent action, Jahjah Inc. filed suit against Stanacard LLC, a leader in low-cost international calling. Stanacard's patented technology allows telephone users to connect to international telephone numbers by dialing a local number, which reduces the cost of global calling and makes the experience simpler for customers. Winston & Strawn (New York), working on behalf of defendant, retained Clear Case Legal to produce a simply animated Markman Hearing tutorial that illustrates how callers made calls before the invention and the improvements made by the new technology. The case has yet to be adjudicated.
Martin* v. Crowley Maritime Corporation et al
Brodsky Micklow Bull & Weiss LLP retained Clear Case Legal to design a timeline for Closing arguments. In this employment case, plaintiff Martin was disabled due to work-related toxin exposure during a maritime salvage operation. He was subsequently terminated by his employer, Crowley Towing, and denied ongoing coverage for his medical expenses. The timeline visually showed that only weeks before the start of trial did Crowley bring in its own doctors to refute Martin's injuries.
DealerTrack* v. RouteOne & Finance Express
In this complex patent infringement suit dealing with auto industry credit systems, plaintiff counsel Goodwin Procter retained us to assist in clarifying the story structure for the jurors and to design and produce over 15 frame-builds, animations, interactive tools and hardboards for Summary Judgment and for trial. By creating a clear visual structure that combined the patent claim language with an animation of our client's patented process, we were able to provide comparisons of the processes used by the two defendants, which closely followed the claim language. Prior to trial the District Court applied a Supreme Court opinion that is yet to be ruled on, thus causing the case to be placed on appeal.
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.
David Scharf v. Applied Materials*
In this case plaintiff alleged that Applied Materials had infringed his patent for the production of multicolored scanning electronic microscope (SEM) images. Defense counsel, Orrick Herrington & Sutcliffe, retained Clear Case Legal to produce a series of animations, demonstrating how a SEM works and how Applied uses it for quality control during the manufacturing of chips. Because the device is designed to be used in a specific way only and color actually hinders the QA process, counsel argued that it could not infringe on plaintiff's patent. The case settled favorably.
Oscar & Andrea Braun v. Hannig Law Firm*
Hayes Davis retained us to defend its client, the Hannig Law Firm, in a malpractice suit. Through a series of graphics, we demonstrated that the plaintiffs have a long history of litigation undertaken for political purposes. Using deposition testimony, we were able to impeach plaintiffs with their conflicting statements. At trial, the jury deliberated for less than an hour, returning a verdict in favor of the defendant.
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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