Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Brooks Kushman served as lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration. Versata originally sought over $1.4 Billion in damages from Ford. After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, our team held Versata to just $3 in nominal damages. Case No. 2:15-cv-10628.
z4 v. Microsoft and Autodesk (Jury Trial – E.D. Texas): Represented z4 in a patent infringement case involving two patents relating to technology for reducing software piracy. Infringing products included Microsoft’s Windows and Office software, and Autodesk’s AutoCAD software. Brooks Kushman secured a $133 million jury verdict, and a $25 million enhanced damages award for z4. The Federal Circuit affirmed the jury verdict. Case No. 507 F.3d 1340
Cheetah Omni, LLC v. Verizon Services Corporation, et al. (Jury Trial – E.D. Texas): Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict. Case No. 6:11-cv-00160
Johns-Manville Corp. v. Guardian Industries Corp. (Judgment for plaintiff – E.D. Michigan): Represented plaintiff in a trade secret and patent infringement suit involving fiberglass manufacturing. 586 F.Supp. 1034, 221 USPQ 319
Hilgraeve Corporation v. Symantec Corporation (Settlement – E.D. Michigan): Counsel for plaintiff in a patent infringement action involving anti-virus software. Secured a $62.5 million settlement for our client on the eve of trial. Case No. 97-cv-40370
Cheetah Omni, LLC v. Alcatel-Lucent, et al. (Settlement – E.D Texas): Represented Cheetah Omni in a patent infringement case against the leading optical telecommunications companies. Cases resulted in favorable settlements for our client. Case No. 6:11CV390
Omni MedSci, Inc. v. Leica Microsystems, Inc. (Settlement – N.D. Illinois): Represented plaintiff in a patent infringement case relating to confocal microscope systems that use fiber light sources to perform spectroscopy. Case resulted in a favorable settlement. Case No. 1:17-cv-1977
Sutmyn v. Storage Technology Corp. (Summary Judgment – N.D. California): Represented defendant in a patent infringement matter involving virtual storage systems. Successfully defended against antitrust claims. Case Nos. C97-20105 RMW & C97-20629 RMW (consolidated)
Waner v. Ford Motor Co. (Jury Trial – U.S. District Court, South Dakota): Defended Ford Motor Co. on a patent infringement matter involving heavy-duty trucks. Case No. Civ. 98-5061-KES; 331 F.3d 851
Palmer v. Fox Software Inc. et al. (N.D. Ohio): Successfully defended breach of fiduciary duty claims. $22 million jury verdict reduced by remittitur to $13 million; reversed on appeal – no cause of action.
107 F.3d 415 (6th Cir. 1997); 1997 WL 67851 (Fed. Cir. 1997)
Expeditors International v. Vastera, Inc. (Jury Trial – E.D. Michigan): In a case watched closely by the customs industry (See Customs Brokerage Industry Narrowly Escapes Restructuring, Intellectual Property Litigation Reporter, October 4, 2004), Expeditors alleged Vastera had misappropriated over 325 trade secrets relating to the customs brokerage industry and sought $150 million in damages. Tom represented Vastera. The jury found for Vastera and the Court ordered Expeditors to pay over $400 thousand in fees to Vastera. Case No. 2:01-cv-71000
Presenter, “Common Legal Issues Entrepreneurs Typically Face as they Start and Grow their Business,” Automation Alley Entrepreneur Law Seminar, October 2015
Co-Presenter, “IP: Trademark, Copyright & Patents,” Department of Electrical Engineering and Computer Science, University of Michigan (U of M), June 2013
Presenter, “Introduction of Problem and Use of Exhibits Beyond Paper Exhibits,” DRI`s Intellectual Property (IP) Litigation Seminar, May 2013
Co-Author, “Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company,” Brooks Kushman Client Alerts, November 2023
Co-Author, “In The Aftermath Of TC Heartland Federal Circuit Explains The Venue Requirements In Patent Cases,” Brooks Kushman Client Alerts, March 2022
Co-Author, “Covered Business Method Patent Review Will End as of September 16, 2020.” Client Alert, August 2020
Author, Intellectual Property Litigation Reporter, Vol. 11, Issue 12, October 2004
