Victor C. Johnson Member

IP CASES

Bose Corp. v. Vertigo Online (NDTX) - infringement action; obtained judgment of $1.25 million and permanent injunction.

BMC Software v. CrabbyHacker.com (SDTX) - infringement action arising from the circumvention of measures that controlled access to copyrighted material; obtained civil search & seizure and with U.S. Marshalls conducted raid to seize evidence; obtained Consent Judgment of $1 million and Permanent Injunction.

NDE Inc. v. Rainforest Creations (EDTX) - false advertising and misappropriation of business method case arising from the defendants’ palming off of plaintiff’s works; obtained $4.7 million jury verdict.

Represented 3Ci in breach of contract and fraud action against another national architectural firm. Obtained a jury verdict in excess of $4 million, including punitive damages.

Rodriguez v. Dallas Basketball Limited - represented Mark Cuban’s Dallas Mavericks basketball team in class action litigation seeking more than $100 million in damages. Case settled for less than 2% of claims.

U.S. Risk v. Lighthouse Programs, LLC – represented plaintiff in infringement case that resulted in $5,500,000 jury verdict.  Verdict was listed in the top 40 jury verdicts of 2009 by the Texas Lawyer.

Shaw v. Yahoo!, Microsoft and Real Networks – Obtained summary judgment for Yahoo! in suit alleging that Microsoft’s and Real Network's multimedia applications, when used in combination with Yahoo!'s streaming media services, infringed the plaintiff’s patent.

Represented banking client against infringement claims on several patents in the field of electronic check conversion. Case settled favorably shortly after trial began.

Alcatel USA, Inc. v. Tekelec, Inc. (EDTX) – Obtained a favorable settlement for Alcatel by asserting two patents related to the routing of query messages by a signal transfer point in a telecommunications network.

National Presort, Inc. v. Bell & Howell Company Postal Systems, Inc. (NDTX) – Obtained an extremely favorable settlement for Bell & Howell in defense of a patent infringement suit involving mail sorting technology.

Texas Instruments Incorporated v. Intergraph Corporation (EDTX) – Obtained a favorable settlement for TI by asserting three patents related to computer clock speed control and an intelligent power switch and defending against three patents related to parallel processing.

 Whistleblower Cases

U.S. v. ResCare, Inc. (NDTX) – Whistleblower action under the False Claims Act seeking more than $4.5 billion in damages. Case settled for less than 0.05 percent of the damages sought by the Government.

U.S. v. Driscoll Children’s Hospital (SDTX) - Obtained summary judgment for a client hospital on allegations of federal False Claims Act (FCA) violations in a whistleblower action in which the United States had intervened. The United States alleged that the client committed fraud, violated the FCA, and otherwise obtained overpayments from the government relating to cost reimbursements from the Texas Medicaid program.  Following the grant of summary judgment in favor of the client on all fraud and FCA claims, the remaining  claims settled for substantially less than the projected cost of defense.

State of Texas v. Driscoll Children's Hospital – represented defendant against claims under federal False Claims Act case in a whistleblower action alleging over $200,000,000 in damages. Case settled for a fraction of amount in controversy; hospital not required to submit to corporate integrity program.

United States of America, et al. v. Driscoll Children’s Hospital, et al. – represented defendant against claims under False Claims Act case in a whistleblower action alleging fraud by the hospital in seeking reimbursement by the Texas Medicaid program. Following summary judgment in favor of the hospital on all False Claims Act and fraud claims, the case settled for less than 1% of the alleged damages of $6,000,000.

U.S. v. UnitedHealth Group Incorporated (NDTX) - Represented insurance company on allegations of federal False Claims Act (FCA) violations in a whistleblower action.  Conducted internal investigation, responded to document requests, and presented witnesses to government for interviews.  Convinced government to decline intervention and obtained dismissal of suit.

U.S. v. Louisiana HomeHealth (WDLA) - Represented home-health care agency on allegations of federal False Claims Act (FCA) violations in a whistleblower action.  Conducted internal investigation, responded to document requests and presented witnesses to government for interviews.  Convinced government to decline intervention and obtained dismissal of suit.

U.S. v. University of Texas at Arlington (NDTX) - Represented university on allegations of federal False Claims Act (FCA) violations in a whistleblower action.  Conducted internal investigation, responded to document requests and presented witnesses to government for interviews.  Convinced government to decline intervention and obtained dismissal of suit.

In re Whistleblower (IRS) - represented confidential client as whistleblower of tax fraud to IRS.  Client was credited for providing substantial assistance to the recovery of millions in back taxes and received substantial portion of the tax award.