Edward Lane Foote

Ed Foote has 55 years of trial experience, primarily focusing on jury trials, including general commercial litigation, securities cases, patent trials, and white-collar criminal defense. Mr. Foote has tried jury cases in more than 20 Federal district courts.

Briefed and argued three cases in United States Supreme Court; two civil cases: Monsanto v. Spray Rite; U.S. v. Armour; one criminal: U.S. v. Holzer
Briefed and argued major commercial cases in the following Courts of Appeals: Seventh Circuit; Ninth Circuit; Tenth Circuit; Eighth Circuit; Sixth Circuit; Fifth Circuit; Court of Appeals for the Federal Circuit; District of Columbia Circuit

Mr. Foote’s representative trials are listed below.

Intellectual Property Cases; Jury Trials

Cardinal American Corporation v. Jack-Post Corporation — April 7, 1999; Northern District of Ohio. Represented defendant Jack-Post Corporation; judgment against plaintiff and defendant at jury verdict on counterclaim of $4,500,000; Judge Matia.
N.V. Phillips v. Windmere — Miami, Fla. Patent litigation, antitrust against N.V. Philips; Philips sued Windmere for patent and Lanham Act infringement; judgment for defendant on intellectual property claims; Windmere filed an antitrust counterclaim; verdict for Windmere; judgment for Windmere $89,000,000; Judge Stanley Marcus.
Nobelpharma v. 3i — Northern District of Illinois. Represented 3i in a patent case brought by the Swedish conglomerate Nobelpharma. 3i filed an antitrust counterclaim based on Walker Process; 12-week jury trial verdict for 3i; $15,000,000 judgment.
United Technologies — Represented the defendant United Technologies in trial before Judge Gordon in Milwaukee, Wisconsin; litigation of patents and an antitrust counterclaim; industrial tools.
U.S. v. Armour & Co. — Chicago, Ill. Represented Armour & Co in a charge of patent fraud in obtaining patent involving processes and sale of food products; decision for Armour; Judge Sam Perry.
Hemstreet v. Recognition Equipment, Inc. — Chicago, Ill. Represented defendant in a patent infringement suit involving a patent on optical scanners; judgment for the defendant; Judge Leighton.
Cummins v. Brandt — September 1991; Chicago, Ill. Represented plaintiff in patent infringement case involving the coin sorting industry; jury verdict for Cummins; $12,000,000 judgment; Judge Radar.
Philips v. Sears Roebuck — January 1996. Represented Sears Roebuck in a Lanham Act case; jury trial for three weeks; verdict for Sears Roebuck; Federal Court Judge Kocoras.
Dawn Equipment v. Kentucky Farms — August 1996; Federal Court in Rockford, Ill.; Represented Dawn Equipment in an agricultural patent case involving an agricultural patent; jury verdict for Dawn Equipment, including damages based upon royalties; case appealed to the Federal Circuit.
Duplitronics — November 1993; Charlotte, N.C.; Federal Court unfair competition case involving software re cassette industry; Judge Potter.
Represented Cummins v. Japanese infringer (Glory) — U.S. District Court, Marshall, Texas; 2-03-CV; jury selection case settled $26,000,000 for plaintiff; Judge Ward.
Alcoa patents — Federal Court Chicago; represented Alcoa (defendant) in patent cases concerning metallurgy and aluminum alloys; non-jury trial; Judge Anderson; after trial, case dismissed.
Cummins v. Glory — Federal Court Chicago. Represented plaintiff in a patent case involving algorithms and electronics for currency denomination; case settled for $6,000,000 and an injunction; Judge Guzman; Judge Posner.
Syndia v. Gillette — Federal Court Chicago. Represented plaintiff in patent lawsuit against Gillette; three week jury trial involving radiation patents to cause chemical reactions; $10,000,000 verdict for plaintiff; Judge Lefkow.
Cummins v. SBM — Federal Circuit December 7, 2011; Beaumont, Texas. Represented plaintiff in currency denominating technology; jury trial verdict for plaintiff; $16,000,000; argued appeal; Judge Clark.

Plaintiff in Antitrust Cases; Jury Trials

N.V. Phillips v. Windmere — Represented Windmere in a Lanham Act case brought by Phillips; Windmere filed an antitrust counterclaim under the Sherman Act for monopolization and use of predatory pricing; U.S. District Court, Miami; Federal Court; six-week jury trial; judgment for Windmere for $90,000.000.
Monsanto Co. v. Spray-Rite Service Corp. — Represented the plaintiff Spray-Rite Service Corporation in a landmark federal antitrust victory. Spray-Rite received a jury verdict of $10,500,000 in Rockford, Illinois involving allegations that the defendant violated the Sherman Antitrust Act based on conspiracy and attempt to monopolize. Cert. granted on defendant’s petition; briefed and argued case in Supreme Court; judgment affirmed.
Greyhound v. IBM — Represented the plaintiff in an antitrust case claiming that IBM had monopolized and attempted to monopolize portions of the computer industry. The twelve week jury trial was followed by an appeal to the Ninth Circuit Court of Appeals. The case was settled for $18,700,000 after a ninth circuit opinion reviewing plaintiff’s monopoly claim and before a second trial. (United States District Court, Arizona); Judge Craig.
Nobelpharma v. 3i — Northern District of Illinois. Represented 3i in a patent case brought by the Swedish conglomerate Nobelpharma. 3i filed an antitrust counterclaim based on Walker Process; 12-week jury trial verdict for 3i; $15,000,000 judgment.
A&A v. BFI — State jury trial; business interference; state antitrust; Circuit Court of Kane County; represented plaintiff; $4,200,000 verdict.

Defendant in Antitrust Cases; Jury Trials

United States v. Armour Greyhound — Represented defendants in a Department of Justice case filed in Northern District of Illinois to parent. The Armour Greyhound merger; District Court ruled for the defense; United States appealed; briefed and argued the case in Supreme Court; Supreme Court affirmed.
Ray v. Chrysler — Represented Chrysler Corporation in 12-week jury trial involving securities violations, antitrust, breach of contract, with a claim for $25,000,000; Seventh Circuit Court of Appeals; jury verdict for the defense on all counts. Judge Kirkland.
Garen v. Comprehensive Accounting — Represented the defendant in four-week jury trial involving major franchising issues; plaintiff franchisees alleged violations of the Sherman Act common law frauds, securities violations and breach of contract; jury verdict for the defense, including approximately $500,000 counterclaim for the defense. Judge Plunkett.
Holleb v. Beatrice Foods — Represented defendant in a four-week jury trial brought by a competitor seeking treble damages based on alleged violations of Sherman Act; jury verdict for the defendant; case appealed; briefed and argued for defendant; affirmed by Seventh Circuit. Judge Marshall.
Old Homestead v. Interstate, et al. — Represented defendant on a treble damage case filed by a competitor seeking treble damages for alleged violations of Sherman Act and Robinson Patman Act; six week jury trial; verdict for defendant and additional verdict for defendant on a counterclaim; case appealed; briefed and argued the appeal; Tenth Circuit Court of Appeals affirmed with opinion.
Model Dairy v. Beatrice Foods Inc. — Represented defendant in treble damage case brought by a competitor for alleged violations of Sherman Act and Robinson Patman Act; plaintiff had gone out of business; four week jury trial; Verdict for defendant.

Criminal White Collar Defense; Jury Trials

United States v. Holzer — Represented Holzer in Greylord indictment; 29 mail frauds and multiple extortions tried for approximately six weeks; (United States District Court, Northern District of Illinois; Judge Marshall); convictions appealed to United States Supreme Court; mail frauds reversed; remanded; sentence based on extortion; Judge Marshall.
U.S. v. Potash Co. of America, et al. — Represented defendant in a jury trial where defendants were indicted for alleged conspiracy in a Sherman Act price fixing case; Northern District of Illinois; District Court opinion and jury verdict for defense; Judge Marshall.
United States v. Read — A major securities fraud case; a criminal case involving multiple mail and wire frauds; Federal Court, Northern District of Illinois; Trial Judge Crowley; eight-week jury trial; the case basically involved violations of the securities laws and the use of the mails to defraud; case appealed to the Seventh Circuit
United States v. Nagle — Criminal jury case; U.S. District Court, Northern District of Illinois; represented defendant charged with multiple mail frauds and conspiracy; verdict for the defense on mail frauds; court dismissed conspiracy. Judge Leighton
United States v. Gene Simons — Criminal jury case; U.S. District Court; Illinois Central Division (Peoria); represented the defendant charged with multiple mail frauds and conspiracy in road construction; not guilty all counts.

Miscellaneous; Jury Trials

Chase v. Consolidated Foods — Represented the defendant in a fraud and breach of contract case with claims of $57,000,000; jury trial; U.S. District Court, Northern District of Illinois; jury verdicts for the defendant; affirmed in the Seventh Circuit Court of Appeals.
U.S. v. Emerson Electric — Represented defendant in a Department of Justice case filed in Northern District of Illinois to prevent merger of Emerson and Skill Corp.; trial court held against Department; merger concluded.
FTC v. Tropicana — Represented defendant in case filed to enjoin merger (United States District Court, Washington D.C.); court ruled for defense; merger concluded; FTC action filed; FTC trial; FTC opinion for defense.
Fidelity Deposit and Insurance Company v. Fleischer, et. al. — Tried the case for defendant; 12½-week jury trial regarding major and complex construction problems, including contracts, fraud and tortious interference claims in the amount of $27,000,000; State Court, St. Louis, Missouri; verdict for defendant and appealed in the Missouri Court of Appeals.
Fleischer-Seeger v. HOK — Represented Fleischer; professional negligence; breach of contract; State Court, St. Louis, Missouri; 5½-week jury trial; verdict for Fleischer, $3,800,000.
Goodman v. Freeman — Securities litigation involving 12(b)(6); represented plaintiff in an appeal of adverse District Court decision; briefed and argued in the Seventh Circuit; reversed trial court; case remanded; settled.
Brock v. Amalgamated Insurance Agency — Represented Amalgamated Insurance Agency in a number of claims brought by the department of labor regarding its involvement with the Central States Health, Welfare and Pension Funds; U.S. District Court, Northern District of Illinois. The government asserted ERISA violations and various other claims which were all ruled in favor of Amalgamated. The court also rejected the government’s challenge to the propriety of the sale of Amalgamated to Central States for in excess of $8,000,000.
Monroe v. United Airlines — Represented defendant UAL in an age discrimination case involving multimillion-dollar claims; U.S. District Court, Northern District of Illinois; six-week jury trial; verdict for plaintiff appealed; Seventh Circuit reversed with opinion for UAL.
Weiman v. Koehler — Breach of contract relating to acquisitions in the furniture industry; represented plaintiff Weiman in an appeal of an adverse summary judgment decision by the District Court; Seventh Circuit Court of Appeals reversed; remanded case; settled.
Tuf Racing Products v. American Suzuki — Represented plaintiff in a State Franchise Act case; jury verdict for plaintiff; briefed and argued appeal; Seventh Circuit Court of Appeals; judgment affirmed; 2000.

Mr. Foote is a 1952 graduate of Harvard University, where he received his bachelor’s degree, and a 1955 graduate of Harvard Law School.
Activities

Mr. Foote is a member of The American College of Trial Lawyers, The International Academy of Trial Lawyers, and the Association of Criminal Defense Lawyers. Mr. Foote has been a faculty member in the National Institute for Trial Advocacy, the Advanced Institute for Trial Advocacy, and the Illinois Institute for Continuing Legal Education.

Good to know

Areas of Practice 1) Antitrust / Competition, 2) Antitrust Litigation, 3) Complex Commercial Litigation, 4) Federal Circuit and Other IP Appeals, 5) Patent Litigation and 6) White Collar & Internal Investigations
Law School Harvard Law School, J.D., 1955
Bar Member / Association Illinois State Bar Association
Most recent firm Winston & Strawn LLP
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