[lbo-talk] CYBERIA] SCt Nominee rep'ed Microsoft in recent patent litigation

Dick Grippon abe.initio at gmail.com
Fri Oct 7 09:31:42 PDT 2005


As posted elsewhere --

At 10:19 AM -0400 10/6/05, Stephen T. Middlebrook wrote:

> >I think she was just local counsel, and the matter was principally

>>handled by Fish & Richardson. But she represented Microsoft as

>>principal counsel at least once before on an appeal from a state

>>trial court order certifying a consumer class action against

>>Microsoft. She lost.

>

>I looked up her Federal appellate record. The case I cited before was

>about her only "win."

>

These are the cases for which Westlaw reports an opinion where she was lead counsel. Seven reported decisions in 35 years as a litigator. Just one run-in with the Constitution, but she picked the right client and a case you couldn't lose if you tried.

In Popeko v. U.S., 513 F.2d 771 (1975), she was court-appointed counsel on an unsuccessful appeal to the 5th Circuit from a sentencing in a forged securities case.

In Ware v. Schweiker, 651 F.2d 408 (1981), on a referral by the Dallas Legal Service program, she lost a pro bono appeal to the 5th Circuit from an ALJ's denial of social security benefits.

In Thanksgiving Tower Partners v. Anros Thanksgiving Partners, 64 F.3d 227 (1995), she represented an entity called Anros Thanksgiving Partners in an unsuccessful appeal to the 5th Circuit from a grant of summary judgment following Anros' default on a commitment to invest in a Dallas property and forfeiture of a $5 million LOC.

In Microsoft Corp. v. Manning, 914 S.W.2d 602, 1995, she represented Microsoft in an unsuccessful appeal from a state trial court's certification of a consumer class action.

In DAP Financial Services, Inc. v. BankOne Texas, N.A., 1997 WL 148026, she obtained a federal district court garnishment of a bank account on a default judgment for DAP Financial Services as assignee of FDIC.

In Disney Enterprises, Inc. v. Esprit Finance, Inc., 981 S.W.2d 25 (1998) she was principal counsel for Disney Enterprises, and won an appeal in the Court of Appeals of Texas, which tossed the case against Disney for lack of personal jurisdiction.

In Jones v. Bush, 122 F.Supp.2d 713 (N.D.Tex., 2000) she beat back a voter action claiming that Texas electors couldn't vote for Bush and Cheney because they were both Tex. residents.

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