Bart L. Kessel

Complex Commercial Litigation

• International Elevator Equipment Manufacturer – Lead trial counsel in matter pending before the China International Economic Trade Arbitration Commission that resulted in a multimillion-dollar award, which was enforced by attachment in California
• National Manufacturer of Wind Turbine Equipment – Lead trial counsel in matter pending before the International Arbitration Association in London, England, involving a multimillion-dollar dispute over the design of the turbine’s gearbox and electronic controls
• International Industrial Equipment Manufacturer – National counsel in cases involving the design and operation of industrial air compressor equipment; trial counsel in two matters in the last four years where defense verdicts were obtained
• International Financial Institution and Trust Company – Lead trial counsel in a multimillion-dollar RICO case; obtained defense verdict after three-week jury trial
• International Commercial and Industrial Refrigeration Manufacturer – Lead trial counsel in class action in California involving unlicensed construction activity; obtained favorable settlement after motion to decertify putative class was granted
• International Residential Heating Equipment Manufacturer – Trial counsel and national coordinating counsel in class actions in four separate states alleging design and manufacturing defects in residential furnaces; all cases were resolved after class certification was denied in one of the jurisdictions

Construction Litigation

• International Manufacturer of Power Plant Equipment – Lead trial counsel in a series of cases involving the design, construction, and operation of seven peaker power plants in California
• International Architectural Firm – Lead trial counsel in a multimillion-dollar delay claim involving the design and construction of an iconic sports facility
• Regional Construction Company – Trial counsel in six-week trial involving delay damage claims in the construction of an office center; trial verdict was less than 10 percent of the amount sought by the plaintiff
• International Elevator Equipment Manufacturer – Lead trial counsel in a variety of matters, including a multimillion-dollar dispute involving the retrofit of elevators in a residential condominium development and the expansion of an international airport terminal complex

Patent Infringement Litigation

• International Office Products Manufacturer – Lead trial counsel in patent infringement dispute involving mechanical device; matter resolved favorably after two-week jury trial
• International Sporting Equipment Manufacturer – Lead trial counsel in design patent and trademark dispute; matter resolved after favorable ruling on motion for preliminary injunction
• International Imaging Processing Software Developer – Lead trial counsel in numerous software patent infringement disputes, many involving non-practicing entities and venued in the Eastern District of Texas; obtained summary judgment on both infringement and invalidity in one of these matters that was pending in the Eastern District of Texas; used previous litigation success to resolve subsequent matters on favorable terms
• International Electronic Component Manufacturer – Lead trial counsel in action alleging patent infringement involving the semiconductor design; obtained order dismissing claims and awarding attorney’s fees
• International Amusement Park Supplier – Lead trial counsel in patent infringement action involving pneumatic control systems; matter settled as the result of admissions obtained during the depositions of the plaintiff’s experts
• International Medical Device Manufacturer – Lead trial counsel in patent infringement action in Massachusetts involving laser technology; matter settled after trial had begun

Software Licensing/Copyright Litigation

• National Information Technology Outsourcing Company – Lead trial counsel in five matters venued in California, New York, and Massachusetts; obtained dismissals after trial or summary judgment motions in all five matters
• International Enterprise Process Software Developer – Lead trial counsel in software licensing dispute venued in federal court in New Orleans, Louisiana; obtained favorable jury verdict that was affirmed on appeal
• International Imaging Processing Software Developer – Lead trial counsel in software licensing dispute with federal governmental agency