As profiled below, we have achieved incomparable results in patent litigation. Our success reflects the depth and talent of the lawyers in our patent practice. It also reflects the strategic and results-oriented focus we adopt for every facet of a patent case - including discovery, claim construction, summary judgment, trial, appeal, as well as alternative dispute resolution. Our approach enables us to obtain the best possible results for our clients - by out-litigating without out-spending our opposition.
Cases of Note
VS Technologies LLC v. Twitter Inc.: By winning a defense verdict in this federal jury trial, we protected Twitter Inc. from a patent infringement suit and $40 million damages claim. Virginia-based VS Technologies had obtained a patent for “an interactive virtual community of famous people,” and sued Twitter over its virtual community technology. During the six-day trial, we argued that Twitter's Browse Interests feature did not infringe the terms of the patent and that in fact, the patent was invalid. The jury agreed, and found Twitter not liable for patent infringement.
Apple Inc. v. HTC Corp: We are lead counsel for HTC, a Taiwan-based manufacturer of handheld devices, in its ongoing battle with Apple over smartphone technology. Apple has charged HTC with patent infringement in district court and before the International Trade Commission (ITC). We are also representing HTC as a plaintiff in a separate ITC proceeding in which the company is asserting its own patents against Apple.
Chiron Corp. v. Genentech, Inc.: We represented Genentech, Inc. in a high-stakes patent trial. The plaintiff claimed our client's recombinantly engineered, “humanized” therapeutic for breast cancer infringed on the plaintiff's patent. We obtained a jury verdict invalidating the asserted patent on written description and enablement grounds. The verdict was later affirmed on appeal.
Commonwealth Scientific and Industrial Research Organisation v. Semiconductor Company: We represented a leading semiconductor company in a patent trial brought in the Eastern District of Texas. The Commonwealth Scientific and Industrial Research Organisation (CSIRO) asserted patent infringement claims against more than a dozen of the world's leading technology companies, including our client. CSIRO contended the defendants' Wi-Fi products infringed on CSIRO's patent, and sought nine to ten figure royalty payments. A week into the jury trial, we reached a favorable settlement with CSIRO, and the remaining parties also settled favorably.
Network Appliance v. BlueArc Corporation: We obtained summary judgment for technology industry newcomer BlueArc Corporation in a multi-patent case. The plaintiff, industry stalwart Network Appliance, asserted more than 50 patent claims concerning fileserver hardware and software, and sought an injunction which would have ended our client's business. The victory on summary judgment was upheld on appeal.
Rembrandt Technologies, Inc. v. Comcast Cable Communications, LLC: We won a complete victory for Comcast Cable Communications, LLC in a patent infringement case involving high-speed Internet and digital TV services. Rembrandt Technologies, Inc. originally filed the case in the Eastern District of Texas, but in conjunction with other co-defendants, we obtained consolidation and transfer to the District of Delaware. Following completion of discovery, claim construction, and summary judgment briefing, Rembrandt dropped eight patents altogether, and conceding non-infringement of the ninth, preserved only its appeal rights as to that patent.
Caritas Technologies v. Comcast Cable Communications, LLC: The U.S. Court of Appeals for the Federal Circuit upheld our successful defense of a $2.2 billion patent infringement claim against Comcast Cable Communications, LLC. The plaintiff had asserted that Comcast’s Digital Voice service infringed on its patents for Voice over Internet Protocol (VoIP) technology. We obtained a non-infringement judgment in the Eastern District of Texas, which was sustained on appeal.
evYsio Medical Devices v. Advanced Cardiovascular Systems: We represented evYsio Medical Devices in asserting patents for its cardiac stent technology. Prior to jury selection, the case became part of a global settlement between Medtronic and Abbott. Our client, the inventor of several stents in the suit, received $42 million as part of the settlement.
ThermaWave v. Jenoptik: We represented semiconductor test equipment manufacturer ThermaWave in a patent infringement case against a German competitor, Jenoptik. We won a jury verdict of infringement and validity, and secured a permanent injunction barring Jenoptik from importing its equipment.
Wisconsin Alumni Research Foundation v. Semiconductor Company: The patent arm of the University of Wisconsin brought patent claims against our client for its core microprocessor technology. As co-lead counsel we defended the company, and settled the case favorably on the eve of trial.
STC.UNM v. Taiwan Semiconductor Manufacturing Company: We secured a very favorable settlement and then the dismissal of an International Trade Commission (ITC) investigation on behalf of TSMC. The licensing arm of the University of New Mexico claimed our client's advanced semiconductor processes infringed on a university patent.