REPRESENTATIVE CASES
Represented a private home owner and obtained a seven-figure settlement in an action regarding property damage following a sewage spill from the City sewer system.
City of West Hollywood v. MDA Johnson Favaro, Walker Parking Consultants (Cal. Sup. Ct., Los Angeles County): Represented the City of West Hollywood against the architects of the design and layout of City’s park expansion project, including new a Library, Council Chambers, and parking structures, resulting in a four million dollar settlement for the client.
Represented commercial REIT and obtained a settlement in an action brought by a commercial tenant over the ownership of a five million dollar refrigeration unit built into the commercial premises.
Bay Area Rapid Transit District (B.A.R.T.) v. Tanforan Park Shopping Center (Cal. Sup. Ct., San Mateo County): Prosecuted and defended claims of condemnation and severance damages in the Superior Court of California, County of San Mateo, resulting in a favorable jury verdict in excess of $33 million.
Colonies Partners, L.P. v. San Bernardino County Flood Control District (Cal. Sup. Ct., San Bernardino County): Represented landowners in contemporaneous quiet title and inverse condemnation action against the Flood Control District and the County. After a lengthy court trial resulted in a decision quieting title in favor of the client’s property, the case settled for $102 million in our client’s favor.
Bay Area Rapid Transit District (B.A.R.T.) v. Tanforan Park Shopping Center (Cal. Sup. Ct., San Mateo County): Prosecuted and defended claims of condemnation and severance damages in the Superior Court of California, County of San Mateo, resulting in a favorable jury verdict in excess of $33 million.
Clear Channel Communications v. City of Mountain View (Cal. Sup. Ct., Santa Clara County): Obtained summary judgment in favor of the City on claims for breach of lease, fraud and inverse condemnation in connection with an outdoor amphitheater. Obtained a settlement during the trial on the City’s cross-complaint for fraud, breach of lease and RICO violations, on terms valued at $50 million.
Real Estate Litigation
Complex Business Litigation
Wamar International, LLC v. Thales International, S.A. (C.D. Cal): Represented an international business firm in litigation against a multinational aerospace company seeking significant damages for fraud and breach of contract claims.
Pabban Development, Inc. v. Kyphon Sarl, et. al. (C.D. Cal.): Represented medical device inventor/developer on a breach of contract matter involving the sale of a patented bone cement delivery system used to treat vertebral compression fractures, with a jury verdict and judgment of $15.4 million plus an award of attorneys’ fees, interest and costs of $8.5 million, which was affirmed by the United Court of Appeals for the Ninth Circuit, resulting in a twenty-five million dollar settlement for the client.
RE3W, Inc. v. First American Corp. (Cal. Sup. Ct., Orange County): Lead trial lawyer defending against claims of trade secret misappropriation, breach of oral joint venture agreement, and breach of fiduciary duty.
Perini Building Co., Inc. v. MGM Mirage Design Group, et al. (Nevada State Court, Clark County): Lead trial lawyer for Tutor Perini, one of the world’s largest general contractors, in $650 million dispute with MGM over the construction of the CityCenter in Las Vegas.
Davis v. Electronic Arts (N.D. Cal.): Represent putative class of retired NFL players in lawsuit seeking in excess of $100 million plus punitive damages for breach of right of publicity in connection with Madden NFL video games.
In Re Orange County Bankruptcy (C.D. Cal.): Represented class of all non-Orange County public entities that invested in Orange County. Obtained $115 million settlement, which represented a full return of capital invested, plus all attorneys’ fees and costs.
Patent Litigation
Trial Counsel for surf wave simulation ride design and manufacturing company against claims brought by the industry leader. Obtained a complete invalidation of all asserted patents in an action regarding wave simulation machines.
Counsel for international video technology company, obtained an eight figure settlement and future royalties in an action regarding in-flight entertainment systems installed on large commercial airliners.
Duhn Oil Tool Co. v. Cooper Cameron Corporation (E.D. Cal.): As lead trial lawyer for Duhn (Seabord Wellhead), obtained an eight figure verdict after a one month jury trial in a patent infringement action involving oil and gas wellhead technology.
Counsel for multi-billion dollar, international technology and video screen company in patent infringement litigation involving LCD display technology.
Lead lawyer prosecuting declaratory judgment claims of patent invalidity and unenforceability involving Voice over Internet Protocol (VoIP) systems.
Represented multi-million dollar network infrastructure semiconductor company against claims of infringement of five patents-in-suit for inverse multiplexing over ATM (IMA) devices. Obtained dismissal with prejudice after filing motion to dismiss challenging the complaint and threatening a motion for violation of Rule 11.
Represented multi-billion dollar semiconductor and infrastructure software company in patent infringement action related to ethernet technology.
Represented tool manufacturer in a patent infringement action involving machines for servicing automotive transmission systems and intake systems.
Defended tool manufacturer in a patent infringement action involving an automated system and methods for flushing and refilling automotive braking systems.
Lead trial counsel defending communication company against claims of patent infringement and prosecuting claims of patent invalidity and unenforceability involving handset-enabled electronic commerce.
Represent the patent-owner multi-million dollar network infrastructure semiconductor company against claims of invalidity and unenforceability for eight of its patents related to speech coder technology.
Represented the patent owner multi-million dollar network infrastructure semiconductor company in a patent infringement lawsuit involving patents related to speech coder technology for use in wireless handsets.
Defended multi-million dollar network infrastructure semiconductor company in a patent infringement action involving ARM’s pipelined processor technology.
Prosecuted patent infringement and trade secret litigation on behalf of a California-based food company involving claims related to a method of processing food.
THOMAS WHITELAW & KOLEGRAFF LLP
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