LOS ANGELES – Appellate lawyers Stan Gibson and Lauren Babst of Jeffer Mangels Butler & Mitchell LLP (JMBM) successfully overturned a $1.8 billion judgment against their client in a trademark infringement case. JMBM handled the appeal after another firm had lost the case on summary judgment.
On March 24, 2021, the U.S. Court of Appeals for the Ninth Circuit vacated a lower court’s judgment that had awarded $1.8 billion in damages to AECOM Energy and Construction for infringement against its “Morrison Knudsen” trademark.
Although the defendant had issued news releases announcing three contracts worth $1.8 billion, the appeals court noted that this did not establish the work was done or the company had been paid, and that AECOM had “failed to carry its burden of establishing defendants-appellants’ sales arising from their infringing activity.” Accordingly, the Ninth Circuit overturned the disgorgement award.
The court remanded the case to the district court for further proceedings.
About the Team
Stan Gibson is a trial lawyer at JMBM, Chair of its Patent Litigation Group and member of its Appellate Practice Group. He focuses on high-stakes cases, which often involve technology. He has been recognized by the National Law Journal (NLJ) for the verdict achieved for his client in Medtronic v. Michelson, a patent infringement trial decided in 2004. The $582,000,000 verdict was number 51 on the NLJ’s 2019 Hall of Fame, a list of the 100 highest grossing verdicts since 2003.
Lauren Babst is an associate in JMBM’s Litigation Department where she focuses on trademark disputes and other commercial litigation matters.
About JMBM’s Appellate Practice
JMBM’s appellate lawyers are uniquely qualified for today’s multi-jurisdiction mega-lawsuits because we combine appellate skill with significant trial experience. The members of our appellate team provide sound analysis and strategy, write effective briefs and deliver compelling oral arguments. We are experienced at anticipating possible appellate challenges at the trial level, laying the foundation for legal arguments and preserving issues for review on appeal.