Overview

Along with a number of other Fish & Richardson attorneys, represented Gilead Sciences, Inc. and related companies in litigation in the United States District Court for the District of Delaware against AbbVie, Inc., asserting breach of contract claims and defending against patent infringement claims brought by AbbVie against Gilead. After over three years of litigation, Gilead and AbbVie entered into a global settlement of the Delaware litigation and other related litigation in numerous countries in the Americas, Europe, Asia and Australia, allowing Gilead to market its anti-HCV drug combination Harvoni® unfettered by AbbVie’s patent claims.

Along with other Fish & Richardson attorneys, represented whistleblowers Michael Fisher and Brian Bullock in a federal False Claims Act suit against Ocwen Financial Corporation and a related company. The case focused on allegations of Ocwen’s misconduct in connection with the United States Treasury’s Home Affordable Mortgage Program (“HAMP”), in which home mortgage servicing companies like Ocwen received incentive payments from the federal government in return for assisting homeowners in obtaining mortgage relief following the onset of the Great Recession in 2008. The case was set for trial in the United States District Court for the Eastern District of Texas in June 2016 and was settled shortly before trial on terms favorable to the Relators.
Represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony by plaintiffs’ experts regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a $158 million settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York Times, Bloomberg, The Texas Tribune, and a variety of other U.S. and international media outlets.

Represented computer game industry pioneer, Richard Garriott (known to his fans as “Lord British”) in a suit against his former employer, Korean game company NCsoft, based on NCsoft’s failure to honor the terms of a stock option agreement upon Mr. Garriott’s departure from the company. Mr. Garriott was quoted in the Austin American Statesman as saying: “The facts were clear that my departure from NCsoft was not voluntary. I am very pleased with the final award.” The case was tried under Korean law. The judgment for over $32 million was unanimously affirmed by a panel of the U.S. Court of Appeals for the Fifth Circuit in 2012.

Represented Austin-based prepaid debit card company NetSpend Corporation in a license agreement action brought by Alexsam, Inc.  The case was tried to a jury verdict in an Austin state court in 2012 and was later settled on terms favorable to NetSpend after the jury returned an award of less than half of the plaintiffs’ damages demand during trial. Not long after the settlement, NetSpend, a public company, was acquired by TYSYS, Inc.

Represented Harris County (Houston) and Harris County Hospital District in Texas Tobacco Litigation Negotiations with the State of Texas, resulting in Permanent Fund of over $1.2 billion established by Texas Legislature for benefit of counties and hospital districts.

Represented a Texas-based wind power company in lease dispute against Florida Power & Light subsidiary resulting in favorable jury verdict leading to substantial confidential settlement before entry of judgment.

Represented buyers and sellers of real estate in Cabo San Lucas, Mexico, against Texas individual and corporations who owned Mexican national franchise for Coldwell Banker arising out of theft of escrow funds by local agent — favorable confidential settlement after first week of trial.

$39 million settlement for software companies in antitrust counterclaim against BMC Software, Inc., which had brought trade secrets claim against Mr. Jacks’ clients.

$24 million (net) settlement after the first week of trial in a federal court in Alabama in an environmental mass tort suit against Monsanto Chemical Company arising out of PCB contamination of a minority neighborhood near Monsanto’s Anniston, Alabama facility.

Represented wind power companies in trade secrets case against former executives and their current employer and related companies.

Represented manufacturer of semi-conductor fabrication tools in trade secrets/patent infringement counterclaim against companies who brought an antitrust suit against Mr. Jacks’ client.

Represented common shareholders of FundsXpress, Inc., in suit against acquiring entity and preferred shareholders based on breach of fiduciary duty in seeking to exclude holders of common shares from sharing in proceeds of acquisition.

Represented provider of software development and maintenance services in trade secrets suit brought by software manufacturer (pending).

Represented semiconductor manufacturer in suit brought by another semiconductor company claiming misappropriation of trade secrets and copyright infringement (pending).

Represented vacation rental company HomeAway, Inc., in suit against software companies alleged to have obtained and used material from HomeAway’s websites in violation of website terms and conditions (pending).