Larry Locker’s Representative Matters:

Intellectual Property

• Counsel for plaintiff software company in an antitrust action, resulting in a multi-hundred million dollar settlement. Intellectual property and software licensing agreement issues were central to the case, including whether the defendant had intentionally created incompatibilities between Windows and plaintiff’s personal computer operating system, engaged in unlawful technological tying of two of its own software products, and coerced original equipment manufacturers (OEMs) into exclusive dealing through terms in its software licensing agreements. Published decisions from that case include:
  
  Caldera, Inc. v. Microsoft, Inc., 72 F. Supp. 2d 1295 (D. Utah 1999).
  
  Caldera, Inc. v. Microsoft, Inc., 87 F. Supp. 2d 1244 (D. Utah 1999).
  
  


• Argued and obtained for corporation client, in a pending case, an order granting preliminary injunction against former chief executive officer and majority shareholder prohibiting him from making representations to corporation’s customers and others that he held ownership rights to the company’s intellectual property, a patented diesel emissions reduction technology.


• Represented plaintiff, a polymer plastics manufacturing corporation, in two patent infringement cases with antitrust counterclaims. Obtained stipulated judgments in both cases finding the patents to be valid and enforceable and dismissing counterclaims, and a stipulated judgment in one case finding that the defendants had infringed on the patents.


• Supervised patent infringement action in Australia for American corporation. Settlement successfully achieved.


• Represented defendant corporation accused of unlawful spamming and unauthorized access to internet service provider’s servers in multi-million dollar claim. Plaintiff agreed to dismiss the case without any payment required from the defendant.


• Counsel for plaintiff in an arbitration proceeding involving trade secrets and breach of software license claims. Defendant denied that it had used the source code it had licensed from plaintiff to develop one of its new and more profitable software products. Successfully obtained settlement, including recovery of plaintiff’s attorney’s fees.


• Obtained injunction prohibiting state government from disclosing, in response to FOIA requests, plaintiff’s trade secret, a confidential system for tracking and evaluating potential securities claims, which had been provided to the state as part of a bid proposal.


• Stayed execution of and vacated a $1.1 million federal court default judgment, issued more than a year earlier, against a defendant accused of unlawful spamming and who had never been served. Under threat of sanctions, plaintiff later agreed to dismiss the case without any payment from the defendant.

Insurance Coverage, Tort and Contract Defense

• Intalco Aluminum Company v. Central National Insurance Co., et al. Currently representing plaintiff manufacturing corporation in multi-ten million dollar case to obtain reimbursement for environmental cleanup costs under insurance policies issued to the corporation.


• Represented national insurance company in defense of bad faith action brought by policy holder. Settlement successfully achieved.


• Counseled and negotiated on behalf of numerous policy holder clients to obtain insurance coverage.


• Defended corporate officer and director in lawsuit by investor seeking more than one million dollars. Successfully settled for a small fraction of the claim.


• Defended remediation contractor corporation and one of its officers at trial in claim by consumer seeking $130,000 in damages. Court found no liability against company officer, and awarded $10,200 in damages against the corporation, less than the corporation’s settlement offer.


• Defended corporate officer at trial against a claim brought by bank’s assignee alleging that corporate officer was personally liable for debt obligation of insolvent corporation. Defense judgment obtained, finding no liability.

Real Estate

• Represented plaintiff in a trial and obtained a judgment against a mortgage company for falsely representing the terms of a mortgage. Judgment included a finding piercing the corporate veil and extending liability to a corporation’s president and sister corporation, as well as an award of attorneys’ fees under the Consumer Protection Act.


• Counsel for defendant estate in action brought by plaintiff claiming one-half interest in estate’s real property, plus attorneys’ fees and right to occupancy. Successfully removed plaintiff from the property before trial. Also successfully settled during third day of trial, with plaintiff agreeing to accept a small fraction of the original claim and no attorneys’ fees.


• Counsel for majority owner of real estate limited liability company involving action against minority member to recover money and other property taken when minority member exercised control over daily operations. Successful settlement achieved, voiding minority member’s multi-million dollar interest in company real estate.