Karen P. Kimmey,

Partner

Defended lab testing company in suit alleging fraud and breach of fiduciary duty in connection with disclosures made relating to the value of assets to be sold to Quest.  

Lead counsel to major pharmaceutical company in series of arbitrations regarding licensing of blood screening technology and interpretation of licensing terms.  Prevailed and obtained an award of attorneys’ fees.

Represented UFCW & Employers Benefit Trust (UEBT) and a certified class of direct purchasers of hospital services in seeking preliminary approval of a historic settlement reached on the eve of trial in the landmark antitrust class action against Sutter Health, the largest hospital system in Northern California. Sutter has agreed to pay $575,000,000 in monetary relief and to comply with comprehensive injunctive relief, including an independent monitor who will police Sutter’s compliance with the proposed final judgment over a 10-year period.

Defended Micro Power Systems, Inc. in a multi-million dollar suit for breach of contract, fraud and conspiracy resulting from failed acquisition negotiations.  Obtained judgment for the defendant, and then acted as lead counsel in a trial in Santa Clara Superior Court before the Honorable Conrad Rushing to successfully establish alter-ego liability against the principals of MPS Acquisition, Inc. to enforce recovery on cross-complaint. Obtained a verdict in favor of plaintiffs on all issues, which was affirmed on appeal.

Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment. We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state. We then successfully settled the matter on favorable terms.

Successfully defended Japanese manufacturer Dainippon Screen against patent infringement and trade secret claims brought in the United States District Court for the Western District of Washington. Obtained summary judgment of non-infringement in our client's favor based on application of prosecution history estoppel, and summary judgment dismissing all other claims and an award for attorneys' fees in favor of our client. The district court judgment was affirmed in all respects by the Federal Circuit.

We defended Pfizer, Inc. against claims of trade secret misappropriation in Santa Clara County Superior Court.  The plaintiffs’ misappropriation claims arise out of clinical drug trials for Bextra, a second generation COX-2 inhibitor.