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Francis H Morrison III

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This content is provided by Francis H Morrison III.

Practice Areas

Life sciences; intellectual property and commercial litigation

Career

During his 43 year career as a trial lawyer, Mr. Morrison's clients (e.g. Actavis, 3M Innovative Properties Company, Depuy Synthes Products (Johnson & Johnson), NIDEC, TRW, Ineos USA, Hubbell, WEX Health (formerly Evolution1), General Motors, Bristol Myers, Purdue Pharma, Philip Morris, Pratt & Whitney Aircraft, and Hamilton Sundstrand) have entrusted him with the trial to verdict and/or judgment of some 70 cases. Those cases have included defense and prosecution of matters with multi-million and billion dollar exposure involving critical technological patents and trade secrets. The technologies have included: direct current brushless motors; wireless lighting control systems; microprocessor applications in fresh produce delivery systems; electromagnetic nonchemical water treatment systems, synthesis/resolution of organic pharmaceutical compounds; relationship of pH and solubility related to pharmaceutical delivery systems; respirator filter media involving plasma fluorination and hydrocharging; anterior spinal fusion technologies; medical devices involving laser applications; and various assorted business-related trade secrets and confidential information. Mr. Morrison's trials have also included products liability and commercial claims involving turbo propeller control systems; gas turbine design, operation and maintenance; commercial truck steering gear design; tobacco and health issues and fraud and unfair trade practice claims. Mr. Morrison’s representative patent and trade secret matters include the following: tried to verdict for patentee Depuy Synthes Products case involving patented spinal fusion technology (USDC DE; Stark, USDJ); obtaining a Preliminary Injunction for client Evolution1 in a case involving breach of contract concerning pretax benefits administration (USDC WDWash; Coughenour, USDJ); tried to verdict for patentee 3M Innovative Properties Company case involving patented plasma fluorinated and hydrocharged filter media (including trial of Walker Process and sham litigation claims) (USDC NJ; Hochberg, USDJ); tried to judgment for defendant Actavis case involving patented pharmaceutical composition Intuniv* (Guanfacine) (USDC DE; Andrews, USDJ); tried to judgment for defendant Actavis case involving patented pharmaceutical composition Lyrica* (Pregabalin) (USDC DE; Sleet, Chief USDJ); tried jury case to settlement for defendant Actavis/Purepac case involving patent pharmaceutical drug Neurontin* (Gabapentin) (USDC NJ; Hochberg, USDJ); tried to conclusion Motion for TRO/PI for defendant Actavis case involving patented drug Restoril (Temazepam) (USDC NJ; Chesler, USDJ); tried TRO for plaintiff optical fiber manufacturer NuFern case involving technical trade secrets (DE Chancery Court; Lamb, Vice Chancellor); co-tried to judgment for defendant EVAPCO trade secret claims related to electromagnetic water treatment technology (USDC CT; Underhill, USDJ); obtained summary judgment of infringement and validity for patentee Sensitech case involving electronic temperature and acceleration monitors and argued subsequent Federal Circuit appeal (USDC CD CA; Real, USDJ); handled Markman hearing on behalf of defendant Danaher Tool case involving hand tool technology (USDC CT; Covello, USDJ); tried to verdict on behalf of defendant NIDEC Corporation infringement and validity claims involving direct current brushless fans used to cool electronic devices. (USDC CT; Droney, USDJ); tried to judgment on behalf of defendant Bristol Myers Squib trade secret claims related to the launch of OxyContin® (Superior Court CT; Levin, Judge). Mr. Morrison’s representative commercial and products liability matters include the following: tried to judgment for plaintiff Ineos USA breach of contract claims involving ethylene oxide supply contract (USDC SDNY; Hellerstein, USDJ); tried to verdict for defendant TRW, Inc. wrongful death products liability claim related to metallurgy and strength of materials issues (USDC CT; Arterton, USDJ); tried to verdict (hung jury) for defendant General Motors Corporation wrongful death unwanted acceleration claim (Superior Court CT; Dorsey, Judge); tried to verdict for defendant John Hancock Insurance Company claims involving vanishing premium fraud and unfair trade practices (Superior Court CT; Jackaway, Judge); tried to verdict for defendant Brown & Williamson case claiming wrongful death products liability claim related to tobacco and health issues (Superior Court CT; Sferanzza, Judge). Mr. Morrison has briefed and argued numerous appeals before the US Courts of Appeals for the Second and Seventh and Federal Circuits and the Connecticut Supreme and Appellate Courts. These appeals have concerned patent infringement and invalidity, supply contract issues involving world-wide high tech chemical processes, claims of fraud and unfair trade practices, products liability, medical malpractice, civil rights and tax exemption issues. In 2017, Mr. Morrison tried to conclusion a Hatch Waxman patent case in USDC Delaware before Judge Andrews involving the patented drug Omidria. He also co-tried a plaintiff’s employment discrimination case (sex discrimination and cyber bullying) to conclusion before a trial referee at the Connecticut CHRO. Matter resulted in a substantial settlement for client plaintiff.

In 2018 and 2019, he was first chair in a matter in the USDC Eastern District of Texas involving claims of fraud, breach of contract and unfair trade practices which was resolved on the eve of trial in a very favorable settlement for his client. In 2018 Mr. Morrison was awarded the Connecticut Law Tribune’s Lifetime Award.

In 2019 and 2020, he has participated in pretrial activities, including jury research, in a matter defending Trilegiant Corporation et al in connection with indemnity and related claims in the Allegheny Court of Common Pleas. Trial has been delayed by the Coronavirus Pandemic and is expected to take place by year end.

Mr. Morrison continues to accept responsibilities mentoring and advising partners and associates at the firm in connection with trial strategy, tactics and witness examinations at trial.

Professional Memberships

Mr. Morrison is a Fellow of the American College of Trial Lawyers since 1993, a charter member of the American Board of Trial Advocates in Connecticut since 1984 and certified as a civil trial advocate by the National Board of Trial Advocacy since 1986.

Publications

Power Attorneys: Business Battlefields, Corporate Connecticut Magazine, 2004. Cross Examination in the Psychology Case. This chapter was prepared in connection with the ABA’s publication entitled, Psychological Injuries at Trial.

Personal

Duke University School of Law, Durham, North Carolina, JD with distinction. Note and Comment Editor, Duke Law Journal. College of the Holy Cross, Worcester, Massachusetts; AB Line Officer US Navy 1969-72, USS Grand Canyon (AD-28).