Notable cases and innovative solutions

Example Graphics and Illustrations

Sampling of Cases

BSK v Security Mutual

Plaintiffs had presented a software program to collect agent operations to the Insurance Company IT group at Security Mutual. The insurance company subsequently developed a working program in-house that did not use ideas from plaintiff’s presentation. Plaintiffs sued, claiming their product was copied.

  • George McGuire, Bond, Shoeneck & King
  • David Nocilly, Bond, Shoeneck & King
  • Albert Millus, Jr., Hinman, Howard & Kattell
  • David Mistretta, General Counsel SMLNY

Zeigler et al v. Lockheed Martin; Family Oriented Community, Ward, et al v. Lockheed Martin (The Tallevast, FL cases)

Lockheed maintained a machine shop in Tallevast, FL to create high tech machinery for rockets and other defense projects. Over the life span of the plant, Lockheed maintained clean standards to prevent pollution and loss of agents such as Beryllium. Plaintiffs unsuccessfully claimed in a series of law suits that the by products had harmed the residents of the small town.

  • Rich Schwartz, Crowell & Moring
  • Cliff Zatz, Crowell & Moring
  • Beth Kramer, Crowell & Moring
  • Mary Morningstar, General Counsel of Lockheed

Cypress v GSI

A complex patent case which contained several patents, a technology tutorial, a Markman and several patent specific presentations highlighting the processes of clock speeds, switches, clock times, shapes and other critical technologies. Each patent resulted in several hundred slides for the trial brief.

  • Arturo Gonzales, Morrison & Foerster
  • L. Scott Oliver, Morrison & Foerster

Synopsis v. Magma Design Automation

IP case with several patents under scrutiny, and requiring a technology tutorial, Markman and trial preparation.

  • James Pooley, Pooley & Oliver
  • L. Scott Oliver, Pooley & Oliver

ICU v. Medegen and others

Created animation segments for technological tutorials, compared and contrasted products of plaintiff and defendant, and helped experts in a series of related litigations. Maintained a library of patent art, technical illustrations and images useful for different cases.

  • James Pooley, Pooley & Oliver
  • Kim VanVoorhis, Pooley & Oliver
  • Christian Platt, Fish & Richardson

Orange County Water Resource Board v. Northrop

Created color code for Expert hydrology maps, initiated maps of sources of river water and flow diagrams of how that water entered the aquifers of Orange County during drought conditions, bringing new pollutants such as nitrates and perchlorates different than those in shallow aquifers from industrial processes to potentially harm water supplies. Created three mock trial presentations for plaintiff, defendant and neutral moderator.

  • Bob Smith, Lewis, Brisbois Bisgaard & Smith
  • Joe Salazar, Lewis, Brisbois Bisgaard & Smith
  • Malissa Hathaway McKeith, Lewis, Brisbois Bisgaard & Smith
  • John Lambie, Hydrologist Expert

ESS v. Mediatek

In one of the largest copyright litigation settlements ever paid, in June 2003 MediaTek Inc. agreed to pay ESS Technology Inc. up to $90 million, composed of a one-time license fee plus future royalties. Role included finding DVD machines with unlicensed software in retail markets where defendant claimed none existed, comparing and contrasting operating systems, interfaces and features designed into the chip.

  • James Pooley, Milbank Tweed, Hadley & McCloy
  • L. Scott Oliver, Milbank Tweed, Hadley & McCloy

Pumatech v Extended Systems, Inc.

In the Federal Courtroom in Oakland, California, Pumatech’s inventions of synchronization software between Palm devices and computers was validated, and infringement by ESI was confirmed, resulting in an undisclosed award.

  • James Pooley, Milbank Tweed, Hadley & McCloy
  • L. Scott Oliver, Milbank Tweed, Hadley & McCloy

City of Modesto vs. Dow Chemical et al.

Underground pollution was found in water wells for a municipality, subsequently those pollutants were blamed on a variety of businesses, including our client, a dry cleaning chain. Using underground flow diagrams, archival microfiched records and animation, we were able to prove that our client was not responsible for the chemicals or the pollution.

  • Jan Greben, Greben & Associates
  • John Lambie, Expert Witness

OCLI v. Sierra Photonics

A Silicon Chip layering machinery company recognized their patented machine at a competitor’s booth in a trade show. The Competitor was run by past employees of the original company. Filter was called in to prepare chronologies, flow charts and technical representations of the machinery to compare and contrast for a restraining order and a possible infringement lawsuit, including claims for theft of trade secrets. Our client prevailed.

  • William S. Farmer, Collette & Erickson, LLP

Yellow Rock adv. Sasol

A drilling company ran into pressure differentials down hole adjacent to a fault and one of the Louisiana Salt Domes. One of the Domes had been turned into a secure storage facility for petroleum reserves. The drilling company claimed that the Salt Dome storage well was leaking and causing the increased pressures which blew out the drilling string and closed the well. They sued for damages and total lifetime potential earnings. Using geologically accurate 3D animation, placing geographic features in scale to support expert testimony, the responsibility was removed from our client, the owners of the storage facility.

  • Deborah Kutchler, Abbott Simses & Krutcher
  • McGready Richeson, Abbott Simses & Krutcher

State Farm Northridge Earthquake Claims

Nine years after the disastrous Los Angeles earthquake that damaged homes throughout the San Fernando valley, homeowners continued to bring claims citing the earthquake as a cause. Filter and team were hired to ‘make cement interesting’. A series of short effective animations were created that described the tensile and compression properties of cement, using animated mice and elephant characters, and applying the properties in context with causation effects. The animations were designed to be used in a series of cases to supplement expert testimony.

  • James Crandall, Crandall Wade & Lowe
  • Victor Anderson, Crandall Wade & Lowe

San Jose Workers v IBM, Inc.

In a landmark high tech employment suit brought on by two employees of IBM, Filter designed, budgeted, staffed and manned a six month war room. He created concepts to support expert and fact witness testimony, developed a visual theme, created and refined opening and closing presentations for the five month trial. In addition, he produced devastating rebuttal exhibits during daily testimony, The result was defense verdict after only 12 hours of deliberation by the jury.

  • Robert Weber, IBM General Counsel (Jones Day)


First fully animated DVD technology tutorial for Markman on laser detection of microscopic imperfections of silicon disk prior to manufacture into CPU chips. Contained 90 minutes of 3D technical animation accessed via a DVD interface, delivered in 20 weeks.

  • David Boeher, Oppenheimer

Duke Energy Field Services v. Union Pacific Resources

Duke Energy purchased gas properties from UPR on a fast track, once the due diligence was complete, problems surmounted the set aside amounts for corrections and Duke asked for additional consideration. UPR took a aggressive stance to refute the claims, using a hi-tech presentation to underscore it’s poorly researched opinions. Working with remediation experts, Doug formed a creative team and produced within 21 days a major rebuttal in cooperation with expert witnesses. Doug researched, designed, and produced graphics which explained scientific principals of underground pollution at 60 sites. The resulting show incorporated linked GPS data, Satellite imaging and 3D animation created specifically for the subject. Case was resolved prior to filing.

  • Ann Weber, Sr. Attorney for Duke Energy
  • Jon Benjamin, LeBoeuf Green & Rae
  • John Gregory, LeBoeuf Green & Rae
  • John Lambie, Remediation Expert

Union 76 v. Exxon, Mobil, Arco, Chevron and Texaco

Joint defendants hired Filter’s team to help defend against patent claims for a low emission formula for gasoline developed by plaintiff, defendants, the State of California and Toyota. Plaintiff patented process without informing partners. Filter created and staffed triage graphics teams in affiliated law firms in New York City and Los Angeles, while preparing and finalizing concepts specific to trial themes that brought understanding to complex issues. Filter also developed a sophisticated trial presentation system and which boasted zero malfunctions during an intense 15-week trial, and staffed the war room.

  • John Kekker, Kekker & Van Nest
  • Fried Frank, Local Counsel Los Angeles
  • Morgan & Finnegan, IP Counsel NY

State of Montana v Arco

During two years of pretrial work, including preparation for multiple hearings, managed a technological adaptation at the Great Falls Federal Courtroom, assisted in production of expert exhibits including 30 minutes of animation detailing trout life cycles in addition to collecting, compiling and contrasting 21 days of helicopter aerial video surveys of rivers in question, GPS database and interactive demonstratives. Trial lasted three months with a successful outcome for our client.

  • Robert Connery, Holland & Hart

Lewis, Mathews v. Colorado Rockies

As a technology pioneer, Filter introduced the first “virtual reality” trial exhibit used in a civil trial (Denver District Court, 1996), subsequently followed through on admissibility requirements and professional papers to promote the technology as an appropriate method for use in court. He subsequently applied QTVR (Quick Time Virtual Reality, renamed Computer Generated Photographic Navigation for trials) in dozens of successive matters.

  • Greg Anderson, Holland & Hart