In 2021, Tonkon Torp defended its client Sprinklr, Inc. in one of the largest Oregon-based commercial lawsuits to be filed in recent years. The complex case between Sprinklr and plaintiff Opal Labs began in 2017 and involved the high-end technology of two sophisticated companies offering services in content marketing. The legal issues in the nine-figure dispute were novel, with the parties litigating nuanced questions of intellectual property, trade secrets, and confidentiality.
Sprinklr, based in New York with a Portland office, selected Tonkon Torp as lead counsel to develop and execute the defense and strategy for the entire case. The case involved thousands of exhibits, dozens of witnesses, and third-party discovery in the Southern District of New York, the Northern District of California, the Western District of Texas, and the District of Oregon. Tonkon Torp’s deep litigation bench enabled experts in intellectual property, general commercial litigation, labor and employment, and appellate law to contribute to the team effort through all phases of trial and beyond.
The federal jury trial began in October 2021 and lasted almost three weeks. In the courtroom, lead attorney Chris Pallanch was joined by attorneys Michael Willes, Bob Carey, Sadie Concepción, and Paul Balmer. Litigation paralegals Caryl Walker and Larissa Stec provided invaluable contributions to this multifaceted matter.
After several days of deliberation, the jury awarded the plaintiff no damages, while hanging on 10 of 15 verdict questions, and returning an inconsistent verdict on the other five questions. Following post-trial motions, the court declared a complete mistrial and set a re-trial for the spring of 2022. The parties ultimately settled the case before the retrial for a mere 3% of the plaintiff’s pre-trial demand.