Helios Software, et al. v. SpectorSoft Corp. Mr. Howard successfully represented the defendant in a multi-million dollar patent infringement dispute related to employee activity monitoring software. The plaintiffs originally asserted infringement of three patents. Two of the patents were found not infringed on summary judgment. The infringement and validity of the third patent were successfully tried to a jury in Delaware district court, the jury returning a verdict of both non-infringement of the patent and invalidity of several of the asserted claims.
Nova Wines, Inc. v. Adler Fels Winery, et al. Mr. Howard represented a Napa Valley wine producer in a trademark and trade dress infringement case against a photographer and a Sonoma wine producer attempting to introduce wine products using the image and likeness of Marilyn Monroe in violation of the client’s trade dress rights in such images. Mr. Howard successfully obtained preliminary injunctive relief on behalf of the client in a case-of-first-impression decision by the federal district court holding that images of celebrities may constitute valid and protectable trademarks and trade dress.
Concrete Washout Systems, Inc. v. Minegar Environmental Systems, Inc. Mr. Howard represented a construction company in a trade secrets misappropriation and patent infringement case concerning inventions related to the disposal of concrete washout waste. Mr. Howard obtained summary judgment in favor of the client, defeating the plaintiff’s claims.
Fair v. Bakhtiari, et al. Mr. Howard successfully represented the defendants in a contract and breach of fiduciary duty case that resulted in the California Supreme Court issuing a decision upholding important aspects of confidential communications in mediation. The Supreme Court voted 7-0 to overturn a unanimous decision in the California Court of Appeal, and return the case to the trial court. The case was tried successfully in 2008, defeating a claim of $14 million and recovering property rights for our clients worth $5 million.
Rabobank v. National Westminster Bank. Mr. Howard represented NatWest (formerly National Westminster Bank and now owned by Royal Bank of Scotland) in a claim by a major Dutch bank for approximately $200,000,000, involving litigation both in England and California. The case was defended successfully at trial in England, with full “indemnity” fees of approximately $25 million awarded to our client after trial.
Simpson Strong-Tie Company, Inc. v. Stewart, Estes & Donnell. Mr. Howard represented construction manufacturing client in a case resulting in a first-impression, landmark decision in the Tennessee Supreme Court regarding lawyer advertising and defamation.
Designer Jeans Trademark Disputes. Mr. Howard has successfully defended manufacturers of high-end denim jeans against claims of trademark infringement asserted by a well-known denim jeans manufacturer.