Los Angeles Superior Court Judge Victoria Chaney has found a high tech solution to the classic conundrum of balancing the public’s right to know with a client’s right to a fair trial.
Merck & Co. Inc. wanted cameras kept out of the courtroom during two cases here involving its anti-inflammatory drug Vioxx. The first, which began on June 15, involves 73-year-old Rudolph Arrigale, who had a heart attack after taking Vioxx. The second was filed by Stewart Grossberg, who was 66 when he suffered a heart attack after taking Vioxx.
The two Los Angeles suits are among 1,800 cases in California filed against Merck since September 2004, when the company withdrew the anti-inflammatory drug from the market. Attorneys on both sides each got to select a case for trial.
With the help of lawyers Gary Bostwick and Jean-Paul Jassy from Sheppard Mullin Richter & Hampton LLP, Court TV has won access to record footage at both Los Angeles trials, the first of which started last week. It won’t be broadcast on the cable channel, however.
The judge ruled that Court TV Professional, a division of Court TV, could transmit the proceedings over the Internet on a password-protected, subscription-based system.
Merck opposed camera access in a 40-page filing, arguing that the publicity would prejudice the trial and that Court TV was only trying to “make a buck.” The plaintiffs took a neutral stance.
“The fact that this is a camera that is going to broadcast to a limited audience watching via Web and passwords is something completely new in California,” Bostwick said. “And it was impressive to the judge that this was not something that was going to be beamed out to people as entertainment.”
A Texas jury in April found the drug maker Merck liable in the death of a former Vioxx patient. The firm is appealing the ruling, which held Merck responsible for $32 million in damages. Merck officials did not return calls for comment. Court TV’s parent is Turner Broadcasting System Inc.
Software Ruling
Morrison & Foerster LLP lawyers in Los Angeles are celebrating a recent Appellate decision against Microsoft. Their client’s software patent was allowed to stand and the computer giant held liable for up to $65 million in licensing fees.
Armando Amado developed and patented a software application linking spreadsheets and databases. The Ninth District ruled that Microsoft infringed on his patent through the sale of its Office Pro software.
Microsoft isn’t throwing in the towel yet.
“We continue to contend that there was no infringement, and that our technology was developed by our own engineers based on pre-existing Microsoft technology,” a Microsoft spokesperson said. “We will continue to pursue our legal options in this case.”
This decision upheld the District Court’s ruling, which awarded Amado $6.1 million and entered a permanent injunction, with a stay on the injunction pending appeal. As a condition, the court ordered Microsoft to escrow an account covering sales of additional infringing products. The Appellate court will let the District court decide Amado’s rightful share of the account, which currently holds more than $65 million.
“This ruling signals the validity of the patent and confirms Microsoft’s liability of infringement on Mr. Amado’s software program,” said Vince Belusko, partner and lead attorney on the case. “We are hopeful that the District Court will now award Mr. Amado substantial monies from that escrow account when the matter is returned to the court.”
Amado approached Microsoft to license his application for Excel in 1992, but the company declined. Amado got his patent in 1994. Microsoft introduced its software linking Excel spreadsheets to Access databases the following year.
Partners Charles Barquist and Hector Gallegos, Of Counsel Nicole Smith, and associates Scott Moore and Monica Scheetz, all from the Los Angeles office, also worked on the case.
Real Estate Rumblings
The market for real estate lawyers remains red-hot.
Nine attorneys from Bingham McCutcheon LLP who comprised the firm’s Los Angeles real estate and affordable housing practice have put out their own shingle. Bocarsly Emden Cowan Esmail Parker & Arndt LLP was founded by Lance S. Bocarsly, Eugene G. Cowan, Aaftab P. Esmail and Kyle B. Arndt. The four partners have worked together for 18 years.
They have joined with four East Coast lawyers from Venable Baetjer Howard & Civiletti LLP to form a national affordable housing and economic development practice. The two partners are Craig Emden and Paulette Parker.
“We have a terrific practice and we had this opportunity to expand it on a national basis and that was very exciting to us,” Bocarsly said.
Last week the firm opened an office in Bethesda, Md., and announced that four attorneys from Venable would join them.
The five associates are Tamara L. Hamilton, Tracy M. Damudar, Nicole D. Deddens, Lauren B. Fechter and Daryll A. Kidd. Two associates from Venable, Darryl Austin and Kelly McLaughlin, will work in the Bethesda office.
Heavy-hitting real estate partner Mitchell B. Menzer has decided to leave O’Melveny & Myers LLP for Paul Hastings Janofsky & Walker LLP, where he will continue with real estate transactions and land use matters. This was a much-needed score for Paul Hastings, which recently lost several real estate lawyers to Greenberg Traurig LLP.
Staff reporter Emily Bryson York can be reached at
[email protected]
or (323) 549-5225, ext. 235.
