Diana M. Watral, P.C.

Incyte v. Flexus Biosciences: Second-chaired successful $1 billion trial for Flexus, now a Bristol-Myers Squibb subsidiary, in dispute alleging misappropriation of trade secrets for cancer drugs. At summary judgment, successfully eliminated six of eight alleged trade secrets and cut damages by half. Trial resulted in a unanimous jury verdict for all defendants. Recognized as “Litigator of the Week” for her work on the case.

In re Humira Antitrust Litigation: Counsel for AbbVie in multi-defendant antitrust case regarding AbbVie’s Humira, the highest-selling drug in history, where plaintiffs assert that AbbVie amassed a “patent thicket” of more than 100 patents and entered anticompetitive settlement agreements with biosimilar manufacturers. District court dismissed entire complaint with prejudice.

U.S. ex rel. Schutte v. Supervalu and U.S. ex rel. Proctor v. Safeway: Counsel for defendants in False Claims Act case where whistleblower asserted pharmacies submitted tens of millions of fraudulent Medicare claims over nearly a decade when offering discounts to uninsured customers. District court granted summary judgment for defendants and dismissed all claims.

U.S. ex rel. Colquitt v. Abbott Laboratories: Trial counsel for Abbott in False Claims Act case where whistleblower sought more than $1 billion for allegedly false Medicare claims relating to off-label medical devices. Examined key witnesses during three-week jury trial that resulted in complete defense verdict. Fifth Circuit affirmed.

Right Field Rooftops LLC v. Chicago Baseball Holdings LLC: Represented Chicago Cubs in breach of contract, defamation, and antitrust action brought by rooftops surrounding Wrigley Field in connection with the stadium’s expansion and modernization. Successfully defeated temporary restraining order and preliminary injunction requests to halt construction of outfield signs. Court subsequently dismissed all nine counts with prejudice, and Seventh Circuit affirmed.

DaVita v. Baxter Healthcare: Second-chaired $400 million breach of contract bench trial for Baxter regarding sale of dialysis equipment. Reduced Baxter’s potential damage exposure by 97% at summary judgment and won dismissal of treble damages claim. Case settled favorably between closing argument and court ruling.

Naturalock v. Baxter Healthcare: Lead trial counsel for Baxter in $300 million contract claim regarding development of catheter device. Case settled favorably one week before trial.

Memorylink Corporation v. Motorola Inc.: Represented Motorola in contract, patent infringement, and fraud litigation involving wireless video transmission technology. District court dismissed all claims, and Federal Circuit affirmed.

G. William Hunter v. Derek Fisher: Represented NBA player Derek Fisher in litigation brought by former Executive Director of NBA’s Players Association. Court dismissed all 14 claims at pleading stage and awarded attorneys’ fees.

In re Heparin Products Liability Litigation: Trial counsel for Baxter in multidistrict litigation involving allegedly contaminated heparin. State court trial resulted in full defense verdict. MDL court granted Daubert and summary judgment motions on several categories of claims, affirmed by Sixth Circuit, resulting in hundreds of dismissals and favorable settlements.

Bowman v. IBM, Inc.: Wrote winning class certification opposition brief for IBM in putative class action alleging breach-of-contract, negligence, and § 1983 claims relating to IBM’s contract to modernize Indiana’s Medicaid system. Class certification denied.

Land v. IBM, Inc.: Represented IBM in action alleging negligent processing of Medicaid application. Federal court dismissed all federal claims with prejudice, and Seventh Circuit affirmed. State court then dismissed all state claims.

Snizavich v. Rohm & Haas: Represented Rohm & Haas, a Dow subsidiary, in case alleging brain cancer caused by chemical exposure. Court excluded plaintiff’s chief causation expert and entered judgment for Rohm & Haas one day before trial.