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Mr. Horton is a trial lawyer in the intellectual property, media, health care and general business litigation areas.  His practice includes the following substantive areas:  patent, First Amendment, privacy/publicity, health care and real estate.

In the health care field, Mr. Horton has represented such health plans as Kaiser Permanente, Blue Shield of California and Universal Care.

In the patent field, he has also represented the Johnson Controls, Inc., Seiko Epson Corporation, Freedom Wireless, and United Epitaxy Company. 

In media-related matters, he has represented The Walt Disney Company and ABC.

In the real estate field he has represented Playa Vista.

Health Care Litigation

Represented Kaiser Foundation Health Plan in an enforcement proceeding in which the Department of Managed Health Care sought to require California health plans to cover Viagra and other sexual dysfunction drugs. The Court held the Department lacked legislative authority for such requirements.  The decision was upheld on appeal.

Represented Blue Shield of California in a declaratory relief action against the Department of Managed Health Care where the Department sought to require California health plans to cover Xenical and other weight loss drugs.  The Court granted summary judgment on behalf of Blue Shield of California.

Represented Blue Shield of California in a consumer class action alleging that Blue Shield of California misled its members by using "MediCare" reimbursement rates.  The Court granted summary judgment on behalf of Blue Shield of California.

Represented Blue Shield of California in a consumer class action alleging that Blue Shield of California improperly coordinated emergency room benefits with its members' automobile "med-pay" policies.  The Court granted Blue Shield of California's motion to dismiss.

Patent Litigation

Represented Seiko Epson in one of the largest patent infringement cases ever filed with the International Trade Commission, asserting eleven patents and thirty-one claims against 1,000 different cartridge models sold by twenty-four manufacturers, importers and distributors of aftermarket ink cartridges for resale in the U.S. After a 7-day trial, the Administrative Law Judge found for the client on every asserted patent and claim, against every single accused product that was adjudicated, and against every respondent that had not already entered into a consent order, and based thereon, it issued a general exclusion order prohibiting all companies, whether or not they were parties to the ITC proceeding, from importing and selling infringing cartridges in the U.S.

Represented Freedom Wireless in a suit for patent infringement against twelve defendants for infringement of its patents on prepaid wireless telephone systems and methods. The trial lasted 15 weeks and a $128 million jury verdict was entered against several wireless telephone carriers. The verdict is the largest ever awarded in Massachusetts, and was the eighth biggest verdict awarded in the U.S. that year. The case recently settled for a lump sum payment of $87 million, plus on-going royalties which are expected to generate an additional $50 million.

Privacy and First Amendment litigation

Represented The Walt Disney Company and ABC in a misappropriation of likeness action involving the alleged use of plaintiff's photographs without permission in a children's television show.  Court granted summary judgment on behalf of The Walt Disney Company and ABC, and the decision was upheld on appeal.