Two Morrison & Foerster Appellate and Trial teams were recognized this week for significant victories for clients Sandoz and VMware, Inc. as each win was named to the “Legal Lions” list by Law360*. MoFo secured two of the five selections for the weekly Law360 honor that spotlights the top legal wins from across the country.
On June 12th, the U.S. Supreme Court ruled unanimously for client Sandoz in a closely watched case involving the Biologics Price Competition and Innovation Act (BPCIA), which provides a streamlined approval path for biosimilars. The Supreme Court ruled for Sandoz on all the issues that the Court concluded were before it. The Court agreed with Sandoz that the Federal Circuit had erred by delaying introduction of all biosimilars by 180 days. The Court also agreed that the BPCIA's procedural steps may not be enforced through federal injunctions. The Court remanded on one question of state law. Law360 dubbed the ruling “a major decision that will speed up access to the lower-cost medicines.”
Deanne Maynard, co-chair of MoFo’s Appellate and Supreme Court practice presented oral argument for Sandoz in the Supreme Court. Deanne and Joe Palmore, also co-chair of the Appellate and Supreme Court practice, led the firm’s appellate team, which included partners Rachel Krevans, Marc Hearron, and Julie Park.
Also on June 12th, a team of MoFo trial lawyers prevailed on all counts for VMware, Inc. in a jury verdict in the Northern District of California. The jury handed down a unanimous verdict just a few hours after the close of the two-week trial. The MoFo team successfully defended longtime firm client VMware against a $110M claim from Phoenix Technologies. VMware was accused by Phoenix of infringing Phoenix’s copyrights by breaching a licensing agreement for Phoenix’s “BIOS” software in VMware’s server virtualization products. In addition to rejecting all of the copyright claims, the jury also found that Phoenix had waived its claims against VMware.
The trial team was led by senior litigation partners Arturo González, chair of the Commercial Litigation and Trial Practice Group, and Michael Jacobs, co-chair of the Intellectual Property Practice Group. It also included litigation partner Alexis Amezcua, IP litigation partner Diana Kruze, and IP associates Christopher Robinson and Christopher Wiener.
*Law360 article reprinted with permission.