Sandra J. Wunderlich

Intellectual Property Litigation

Patent

• Defending a pharmaceutical company against allegations of inequitable conduct in the patent procurement process
• Pursuing the recovery of unpaid royalties for innovative concepts developed in a joint venture concerning retail consumer goods
• Defended a hydraulic lift manufacturer against allegations of patent infringement and breach of a license agreement
• Defended a major sporting goods manufacturer in an action accusing it of infringement of knee saver; obtained summary judgment in favor of client; following appeal to the Federal Circuit, the court unanimously affirmed the decision within 24 hours of the oral argument
• Defended an international manufacturer of disc brakes after the lower court entered judgment against client for willful infringement and awarded treble damages and attorney’s fees; after developing an effective strategy on appeal, the matter settled far more favorably than the judgment
• Defended an importer of pesticides in an infringement action related to the chemical formulation of pesticide; matter was resolved through a favorable settlement for client
• Defended a consumer appliance manufacturer in an action alleging infringement of six patents related to features of wet/dry vacuums; matter settled favorably for client days before trial

Trademark and Domain Names

• Defended an international nutritional supplement manufacturer in trademark infringement litigation
• Represented a food and beverage manufacturer in trademark infringement and cybersquatting litigation against another beverage manufacturer
• Obtained an order of seizure of counterfeit goods, a permanent injunction, and damages on behalf of a clothing manufacturer
• Represented a consumer products company in trademark and domain name litigation related to an advertising campaign and tagline
• Obtained dismissal of claims of trademark infringement and counterfeiting related to tobacco products sold on Amazon.com
• Successfully defeated a request for a temporary restraining order against a sporting goods manufacturer based upon alleged trademark infringement, resulting in dismissal of all asserted claims for infringement
• Obtained summary judgment in favor of a custom motorcycle manufacturer in a trademark infringement action related to its branded clothing and logo; decision affirmed on appeal
• Defended a bank in a trademark infringement action in the U.S. District Court of the Middle District of Tennessee; the matter settled favorably for client with client able to continue using the name
• Represented a charitable organization for families in crisis against claims of trademark infringement; matter resolved favorably for client with client able to continue using the brand
• Represented a charity asserting claims of trademark infringement; matter settled favorably for client with infringer agreeing to change its name
• Represented an international toy company in a claim of trade dress violation; case settled quickly after asserting the claim
• Defended a client against accusations of trademark infringement in use of domain name; matter resolved in favor of client, including payment of attorney’s fees
• Prosecuted an action on behalf of a client in a dispute related to domain name through UDRP process, resulting in release of the domain name for client’s use
• Represented an international toy company in a claim of infringement by a web-based seller that was allowing counterfeit goods to be sold; obtained a crucial ruling on the issue of jurisdiction and their liability for allowing the sale of infringing articles, leading to a favorable settlement for client
• Represented a healthcare company in defense of its trademark; judgment entered in favor of client that allowed for continued use of mark

Copyright

• Represented the producers of a blockbuster song against claims of copyright infringement
• Represented an international toy company in a dispute related to movie rights and copyright infringement
• Represented a charity asserting claims of copyright infringement; matter settled favorably for client with infringer agreeing to cease use of the written materials

Domain Names

• Defended a client against accusations of trademark infringement in use of domain name; matter resolved in favor of client, including payment of attorney’s fees
• Prosecuted an action on behalf of a client in a dispute related to domain name through UDRP process, resulting in release of the domain name for client’s use

Food, Cosmetics and Dietary Supplements

• Counseled a cosmetics company through process of recalling product from the market and FDA’s subsequent investigation of effectiveness of recall
• Developed recall protocol and procedures on behalf of multiple clients to ensure compliance with FDA guidelines and preparedness for recalls
• Counseled a food processing company through recall by supplier, including collection of damages resulting from recall
• Counseled a food manufacturer concerning potential liability for contaminated products, including FDA inspection and recalls, insurance coverage, and response to FDA 483 Report, resulting in warning of manufacturer rather than fines or other punishment
• Advised a can manufacturer related to risks associated with exploding cans; retained a chemist to evaluate product formula, testing results, and pasteurization process, and developed defenses to claims by the distributor
• Defended a food flavoring manufacturer against a claim for personal injuries resulting from the inhalation of a product by a bakery employee; obtained dismissal based upon the statute of limitations
• Represented a food manufacturer in a dispute with an ingredient supplier following a product recall due to the use of contaminated ingredients; the dispute centered around the amount of damages and the supplier’s claims that the recall was overly broad; successfully argued that the scope of the recall was necessary due to the risk of harm to consumers and protection of the client’s brand

Medical Device & Pharmaceutical Liability/Mass Tort & Product Liability

• Serves as national coordinating counsel for a large international pharmaceutical company in alendronate sodium matters originally pending in two MDLs and two coordinated state court proceedings; all MDL claims dismissed and confirmed on appeal to Third Circuit; majority of state court actions dismissed
• Defending a large international pharmaceutical company against allegations of public nuisance, fraud, and unjust enrichment related to prescription opioid medications in multiple states
• Represented multiple generic pharmaceutical companies in mass actions seeking damages for alleged personal injuries resulting from ingestion of metoclopramide; obtained dismissal of claims based upon preemption initially; following appeal and remand of two claims, obtained dismissal for lack of personal jurisdiction
• Represents a brand name pharmaceutical company in mass actions alleging birth defects; cases still pending, subject to a stay
• Defended a pharmaceutical company in a class action alleging economic damages resulting from off-label promotion under Missouri Merchandising Practices Act; matter settled favorably for client shortly before trial
• Served on a national products liability trial team defending benzene cases for a Fortune 50 company
• Defended agricultural and industrial equipment manufacturers in product liability actions resulting in serious personal injury and/or death

Financial Services Litigation

• Led the defense of a large national bank against allegations of fraud and breach of trust and seeking damages in excess of $500 million; the case settled for a fraction of the damages sought just before trial
• Obtained defense verdicts in jury trials in favor of a credit services company against allegations of conversion and breach of contract in financing transactions
• Obtained a directed verdict in a jury trial in favor of the credit arm of a Big 3 automobile manufacturer against allegations of conversion, breach of contract, and fraud
• Obtained a defense verdict in a bench trial in favor of a large national bank against allegations of fraud, misrepresentations, and promissory estoppel brought by borrowers and guarantors of the bank
• Obtained a TRO and deficiency judgment against a car dealership with over 150 financed cars in floorplan
• Obtained a TRO and deficiency judgment in an action against a purchaser of significant inventory of heavy equipment
• Successfully resolved a shareholder derivative action against bank officers and directors of a community bank in an action brought by a shareholder following the discovery of embezzlement at the bank
• Defended against a putative class action brought by consumers against a lender accused of abusive credit reporting procedures; class certification was denied