January 13, 2004
Daniel J. Callahan
Callahan & Blaine
3 Hutton Center Drive
Santa Ana, CA 92707
Re: Beckman Coulter, Inc. v. Dovatron, et al.
I want to express my sincere gratitude to you and your firm for an outstanding result in the above-referenced litigation. As I indicated to you in an earlier letter subsequent to the jury verdict, the performance that you and Brian McCormack exhibited both in court and in preparation was exemplary. The manner in which you were able to marshal the facts and present such a strong and compelling case to the jury was of the highest level of skill. Obviously, the jury was convinced by your presentation as evidence by their amazing verdict.
During the more recent post-trial motions, your guidance and counsel to me and Beckman Coulter management was invaluable, allowing us to reach an excellent settlement amount of $23,000,000. Under the circumstances and the possible rulings by Judge Lewis with respect to the motions brought by Dovatron made the settlement and receipt of the $23,000,000 an outstanding result. As we know, punitive damages awards are under attack. Not only the trial judge, but also the appellate court would never have agreed to anything close to what the jury awarded. In any event, the $934,000,000 jury award was gratifying and electrifying.
I was very impressed with your quickness to assimilate new facts as they evolved and pursue new avenues that established a basis for our additional causes of action. Your preparation and responsiveness continued to keep the defendants off-balance. It was a hard fought, but well deserved victory. I still remember the continual roadblocks the defendants placed before us during discovery and as we were preparing for trial.
In summary, my statement to you is “a job well done.” I look forward to future opportunities/challenges where we at the Beckman Coulter Legal Department can work as a team with Callahan & Blaine.
Thanks again for a great job.
Very truly yours,
Vice President, General Counsel and Secretary