We have achieved impressive results for our clients the last few years. While we are proud of our work in every case, the following are a few landmark cases:
Kaneka Corp. v. Zhejiang Medicine Co., Ltd., et. al. – Patent Infringement – Raley & Bowick Win Dismissal of ZMC’s $100 Million Claim (2014)
Accused infringers Zhejiang Medicine Co., Ltd. and ZMC-USA, LLC (collectively “ZMC”) sought $100 million in compensatory and punitive damages against Raley & Bowick’s client Kaneka Corporation. ZMC accused Kaneka of violating the Sherman Act, the Lanham Act, and the Texas Business and Commerce Code. ZMC also asserted claims for patent misuse, product and business disparagement, defamation, libel, libel per se, and tortious interference with existing and prospective business relationships.
United States District Judge Vanessa Gilmore of the Central District of California granted Kaneka’s motions to dismiss and for summary judgment of all of ZMC’s alleged $100 million worth of claims.
Tesco Corp. v. National Oilwell Varco, LP, et al. – Patent Infringement (2014)
In 2010, Raley & Bowick defended NOV in a three week jury trial for patent infringement by Tesco Corporation. Tesco was seeking damages of over $12 million plus injunctive relief. Tesco’s counsel advertised that this was a “nine figure” lawsuit. Prior to trial, NOV prevailed in the first U.S. decision applying the “failure to mark” defense under 35 U.S.C. § 287 to customers who had purchased accused tools prior to a lawsuit. Tesco Corp. v. Weatherford Intern., Inc., 722 F.Supp. 2d 755, 776 (S.D. Tex. 2010)
Following an inconsistent verdict, Raley & Bowick persuaded the court to re-open discovery relating to the failure by Tesco and its counsel to produce highly relevant documents and their misrepresentations to the Court during trial. As a result, the Court granted NOV’s motion to invalidate Tesco’s patents, issued civil death penalty sanctions against Tesco, and invited NOV to move for its attorneys’ fees for defending the suit. This case settled before the Court made a decision on NOV’s motion for attorneys’ fees.
Peak Completion Technologies, Inc. v. Team Oil Tools, LLP – Trade Secret, Patent Infringement, Theft, Fiduciary Duty (2014)
Raley & Bowick took over several cases shortly before trial, representing Peak. Following a two-week jury trial, a Midland jury determined that Team did not have trade secrets, that Peak possessed trade secrets, and that Peak’s former employee (who went to work at Team) had breached his fiduciary duty to Peak. Following the jury trial, the parties entered into a settlement favorable to Peak regarding all existing litigation between the parties.
National Oilwell Varco v. Pason Systems USA Corp. – Patent Infringement – $112,000,000 Settlement (2013)
Raley & Bowick recovered a $112 million settlement in August 2013, following an over $20 million judgment in Colorado in 2012, an over $52 million Canadian judgment in 2013, and a third infringement suit in Austin, Texas. The Colorado lawsuit resulted in a 2008 verdict where a unanimous jury found Pason had willfully infringed NOV’s autodriller patent and awarded $14.4 million in lost profit damages. This was the largest verdict in the state of Colorado in 2008. After a bench trial, this award was increased to over $20 million in 2012 for post-verdict infringement and interest. Nat’l Oilwell Varco, L.P. v. Pason Sys. USA Corp., No. 03-CV-02579-RPM, 2012 WL 2291154 (D. Colo. June 18, 2012).
During these lawsuits, Raley & Bowick successfully defended NOV’s autodriller patent during two patent reexamination challenges initiated by Pason at the United States Patent and Trademark Office.
NOV’s $112,000,000 was the largest reported settlement in 2013 according to Texas Verdict SearchTM, dwarfing the second highest settlement more than ten-fold.
Petrello v Nath – Shadyside Mansion plus Award of Attorneys’ Fees (2013)
In 2012, Raley & Bowick defended our client in a federal trial, in the 5th Circuit Court of Appeals, and before the U.S. Supreme Court, against an approximately $8 million Fair Housing Act and conspiracy claim. The 5th Circuit affirmed dismissal of “this most unusual case.” Our client was awarded over $450,000 in attorney’s fees. Petrello v. Prucka, et al., 484 Fed. Appx. 939, 941 (5th Cir. 2012) cert. denied, 133 S.Ct. 1723 (2013).
This case involved ownership of an $8.3 million dollar home in the highly exclusive Shadyside neighborhood near Rice University.
William Oliver and the Law Firm of Pipkin, Oliver & Bradley, LLP – Take Nothing Award (2013)
In 2013, Raley & Bowick defended an attorney and his law firm in a claim for $5.5 million in damages related to his representation of a client in a predatory lending lawsuit. Raley & Bowick tried the case before a three judge arbitration panel under the American Arbitration Association (AAA) and obtained dismissal of all claims, with zero payment, for our clients.
Richard “Racehorse” Haynes – Zero Verdict plus Awarded Attorneys’ Fees (2012)
At the request of Richard “Racehorse” Haynes, in 2013 Raley & Bowick substituted in as his counsel two months before his scheduled trial. Mr. Haynes had been sued for $4.5 million for fraud, breach of contract, theft, and breach of fiduciary duty. Raley & Bowick obtained a zero verdict and judgment of no liability for Mr. Haynes, as well as a sanction against plaintiff for Mr. Haynes attorney’s fees.
State vs. Michael Morton – Freedom for man wrongfully convicted of murder, discovery and conviction of the real murderer, jail for prosecutor who concealed evidence, and a new Texas law
John Raley has been featured in Texas Monthly, The New York Times, The Wall Street Journal, and the Houston Chronicle for his seven year pro bono fight to free an innocent man. In 1986, Michael Morton’s wife was brutally beaten to death by a home intruder while Michael was at work. His three year old son witnessed the murder and told his maternal grandmother (who told law enforcement) that a “big monster” with red (bloody) hands and a mustache killed his mother when “Daddy” was not home. The DA concealed this testimony and withheld other crucial evidence. Michael’s son was taken from him, and he was framed for murder with no valid evidence against him. Unknown at the time, a bandana found behind the house contained the blood of Michael’s wife and the DNA of the real killer. The new DA (hand-picked by the former DA) opposed all requests for DNA testing of the bloody bandana.
John and his co-counsel the New York based Innocence Project fought seven years in multiple courts to obtain DNA testing. When the results were eventually obtained, the State of Texas released Michael and declared him “actually innocent.” The DNA results identified real murderer, who was then at large. John and his co-counsel located him and informed law enforcement. The murderer was arrested, charged and eventually convicted. He is currently serving a life sentence. The DNA test results John fought for also solved, at John’s recommendation, another murder nearby which had been a “cold case” many years. As a result, the man who murdered Michael Morton’s wife is awaiting trial on a second murder charge. Read more…
Air Measurement Technologies, Inc. v. Akin Gump – $72,611,397 Verdict (2009)
Prior to founding Raley & Bowick, its two founding partners John Raley and Robert Bowick worked together to secure the largest malpractice verdict against a law firm in the United States — $72,611,397. Following a four week trial in San Antonio, the jury found that Akin Gump Strauss Hauer & Feld committed inequitable conduct by deceiving the United States Patent and Trademark Office during the prosecution of an invention regarding a firefighter’s self-contained breathing apparatus.