A cornerstone of Beeman & Muchmore’s practice is keeping your company out of litigation. There is no greater financial and emotional drain than tying up your company’s resources in a litigation dogfight.
Our perspectives on litigation and litigation avoidance are well-earned. Following is a sampling of the matters and representations that, one by one, forged our core values and led to the formation of Beeman & Muchmore. By litigating these matters, we learned how to protect your company’s interests while keeping litigation safely at bay.
Confidential Failed ERP Installation Arbitration (San Francisco JAMS ADR, 2019). Served as lead counsel for international provider of online educational services in a confidential arbitration against multinational software corporation in a recovery action with regard to a botched Enterprise Resource Management (ERP) software installation.
Strajna, Daniel J. v. 3M, et al. (Superior Court of the State of California, County of Alameda, 2018). Served as lead counsel for defendant, an aluminum fabricating company, in a multiparty asbestos litigation matter involving alleged exposure through fireplace installation, including complex issues of successor liability. Client dismissed during summary judgement stage.
Louise Shivaya v. H.O.E.M., et al. (Superior Court of the State of California, County of Marin, 2016). Served as lead counsel for founder of two-time Grammy award-winning rock band Supertramp in privacy and breach of contract dispute.
Mars, Incorporated, et al. v. Oracle Corporation, et al. (Superior Court of the State of California, County of San Francisco, 2015). Served as lead counsel for client Mars, Incorporated in software license agreement/audit dispute against Oracle Corporation.
Tranxition, Inc. v. Lenovo, Inc. (U.S. District Court, District of Oregon, 2014). Served as lead counsel for client Tranxition, Inc. in patent infringement case involving software technology for migration of computer “personalities.”
Tranxition, Inc. v. Novell, Inc. (U.S. District Court, District of Oregon, 2014). Served as lead counsel for client Tranxition, Inc. in patent infringement case involving software technology for migration of computer “personalities.”
The Clorox Company, et al. v. Mavea, LLC (U.S. District Court, Northern District of California, 2013). Counsel for Clorox in trademark infringement and unfair competition matter.
Shared Medical Resources, LLC v. Histologics, LLC, et al. (U.S. District Court, Central District of California, 2012). Served as lead counsel for Histologics in defense of patent infringement case involving a medical device technology.
Local.com Corporation v. Fry’s Electronics, Inc. (U.S. District Court, Central District of California, 2012). Served as lead counsel for Fry’s Electronics in defense of a patent infringement case involving e-commerce technology.
Caldera Pharmaceuticals, Inc. v. The Regents of the University of California, et al. (California Superior Court in San Francisco, 2012). Served as lead counsel for Caldera in breach of contract and fraud action in connection with a patent licensing agreement.
Edenhurst Gallery v. San Jose Museum of Art Association (California Superior Court in Santa Clara, 2012). Served as lead counsel for Edenhurst Gallery in breach of contract matter.
A.P. Deauville, LLC v. Arion Perfume & Beauty, Inc. (U.S. District Court, Northern District of California, 2012). Counsel of record for Arion in Lanham Act and California Business and Professions Code Section 17200 matter.
Ultimate Pointer, LLC v. Sears, Roebuck and Co., et al. (U.S. District Court, Eastern District of Texas, 2011). Served as lead counsel for defendants in patent infringement matter involving gaming technology.
Alto Ventures, Inc. v. Transera Communications, Inc., et al. (U.S. District Court, District of Nevada, 2011). Served as lead counsel for Transera in defense of a patent infringement matter involving a telecommunications technology.
Fotomedia Technologies, LLC v. Insider Guides, Inc., et al. (U.S. District Court, District of Delaware, 2011). Served as lead counsel for Insider Guides in a patent infringement matter involving internet file-sharing technology.
Rovi Corporation v. Alticast Corporation (U.S. District Court, Central District of California, 2011). Served as lead counsel for Rovi in matter regarding breach of contract, unjust enrichment and fraud.
Alexx, Inc. v. Charm Zone (U.S. District Court, Northern District of California, 2010). Served as lead counsel for Alexx, Inc. in a patent infringement matter involving key chain locators.
Sendmail, Inc. v. Tumbleweed Communications (U.S. District Court, Northern District of California, 2009). Served as lead counsel for client Sendmail, Inc. in a patent infringement and breach of contract matter involving email firewall technology.
Exergetic, Inc. v. Edison Mission Energy and Midwest Generation (U.S. District Court, Northern District of California, 2009). Served as lead counsel for clients Edison Mission Energy and Midwest Generation in a patent infringement matter involving intelligent software relating to the efficiency of coal-fired power plants.
Z-Line Designs, Inc. v. Planet 3, LLC (U.S. District Court, Northern District of California, 2009). Served as lead counsel for Planet 3, LLC in a design patent infringement, trademark infringement and unfair competition lawsuit involving ready-to-assemble furniture for use with televisions and stereos.
In re Plant Insulation Co. (U.S. Bankruptcy Court, Northern District of California, 2009). Trial counsel for OneBeacon Insurance Company in plan confirmation hearing involving debtor with alleged asbestos-related liabilities of $2 billion and proceedings involving complex issues regarding channeling injunctions under 11 U.S.C. Sec. 524(g).
Baden Sports, Inc. v. Kabushiki Kaisha Molten, 2008-1216, 2008-1246 (U.S. Court of Appeals, Federal Circuit 2008). Served as lead counsel in appeal involving patent infringement and Lanham Act claims against client Molten, the largest game ball manufacturer in the world.
Plant Insulation Company v. FFIC, et al. (California Superior Court in San Francisco, 2006). Trial counsel for OneBeacon Insurance Company in multi-phased asbestos insurance coverage matter.
CollegeNet v. XAP (2006 jury trial; U.S. District Court, District of Oregon). Served as lead plaintiff’s counsel in a three-week jury trial involving patent infringement and Lanham Act claims; obtained $8.5 million verdict.
CollegeNet v. XAP (2007 bench trial; U.S. District Court, District of Oregon). Served as lead plaintiff’s counsel in a one-week bench trial involving Lanham Act claims; obtained a $4.5 million verdict with finding of willfulness and award of attorneys’ fees.
Dr. Harry Gaus v. Conair Corporation, 03-1295-1310 (U.S. Court of Appeals, Federal Circuit 2004). Served as lead counsel in appeal regarding estoppel issues based on language in a patent’s specifications.
Gaus v. Conair (2002 jury trial; U.S. District Court, Southern District of New York). Served as lead counsel in three-week jury trial involving patent infringement claims; obtained $47 million verdict for inventor.
Read v. Powerscreen (2000 jury trial; U.S. District Court, District of Massachusetts). Served as lead defense counsel in four-week jury trial involving patent infringement claims; obtained defense verdict on one patent and successfully appealed adverse verdict on remaining patent.
Silberline Manufacturing Co., Inc., et al. v. Eckart-Werke GmbH (U.S. District Court, Eastern District of Kentucky, 2000). Served as lead counsel for Silberline Manufacturing Co., Inc. in trade secrets dispute involving manufacture of aluminum flake pigment products for the automotive and plastics markets.
Tigard v. Syntennico and Field Turf (2001 jury trial; U.S. District Court, District of Oregon). Served as lead defense counsel in two-week jury trial involving breach of contract and fraud claims; obtained defense verdict.
CSX Transportation, Inc. v. Chicago and North Western Transportation Company (U.S. Court of Appeals, Seventh Circuit 1995). Served as lead appellate counsel in matter addressing complex indemnity arrangements between railroads.
Soo Line Railroad Company v. Hawker Siddeley Canada, Inc., 950 F.2d 526 (U.S. Court of Appeals, Eighth Circuit 1991). Served as lead appellate counsel in matter addressing novel issues of personal jurisdiction over an international corporation based on compliance with industry standards.
America West Airlines, Inc. v. GPA Group, LTD., et al.; 877 F.2d 793 (U.S. Court of Appeals, Ninth Circuit 1989). Served as lead appellate counsel in matter addressing issues related to jurisdiction over a foreign sovereign pursuant to the Foreign Sovereign Immunities Act.
