WilmerHale Scores Four Victories in One Week at Federal Circuit

WilmerHale Scores Four Victories in One Week at Federal Circuit

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Providing comprehensive solutions for the acquisition, enforcement and protection of IP.
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By patenting their innovations, our clients increase the value of their intellectual property and enhance their ability to compete in the marketplace. We work with laboratory and research teams and R&D and product development groups to determine whether, when and where it is in our clients’ business and technical interests to seek patent protection. And we don’t just file patent applications. Drawing on our experience with patent litigation, corporate financings and technology transactions, we implement IP strategies that conserve resources, add measurable value and give our clients a cost-effective and commercially practical competitive edge.

We help clients obtain more than 750 US and foreign patents each year, covering innovations that span the technological spectrum, including aerospace, biochemistry, biotechnology, business methods, chemistry, computer science, fuel cells, genetics, high-speed data communication, integrated circuits, materials science, medical devices, nanotechnology, pharmaceuticals, semiconductor devices and processes, and software.

We also prepare and prosecute patent applications internationally under the Patent Cooperative Treaty and by working with a network of seasoned patent lawyers around the world. Our experience extends to appeals, interferences and opposition proceedings within the US Patent and Trademark Office, the US Court of Appeals for the Federal Circuit and the European Patent Office.

A global team handling highly complex and sensitive matters in all aspects of litigation.
Combining our trial and appellate strengths allows us to shape litigation strategy from the outset to maximize the likelihood of ultimate success.
WilmerHale continues its remarkable record in IP litigation matters by winning four Federal Circuit cases in one week. The victories all involved patent infringement, and, in two cases, affirmed damage awards totaling $74,720,000. This news comes just a few weeks after WilmerHale’s “powerhouse IP litigation group” earned the The American Lawyer’s highest accolade – “IP Litigation Department of the Year.” The four case wins are outlined below.

TiVo Inc. v. EchoStar Communications Corp. – January 31 – Obtained for TiVo a favorable decision in which the Federal Circuit affirmed a jury verdict finding that EchoStar infringed a TiVo patent directed to digital video recorder (“DVR”) technology, a damages award of $74 million, and a permanent injunction. WilmerHale legal team: Seth Waxman, Edward DuMont

Monsanto Co. v. David – February 5 – Gained for Monsanto a favorable decision in which the Federal Circuit affirmed a judgment that defendant Loren David infringed Monsanto’s patents on Roundup Ready biotechnology, affirmed an award of $720,000 for enhanced damages and attorney fees, and remanded for calculation of a reasonable royalty. WilmerHale legal team: Seth Waxman, Paul Wolfson

Prism Technologies LLC v. Verisign, Inc., RSA Security, Inc., Netegrity, Inc., Computer Associates International, Inc., and Johnson & Johnson Services, Inc. – February 6 – Represented RSA Security (a division of EMC Corporation) in a multi-defendant action in which the Federal Circuit summarily affirmed a judgment of noninfringement with respect to a patent directed to a security system for computer networks. WilmerHale legal team: William Lee, David Bassett, Mark Selwyn, Greg Teran, Donald Steinberg

Ampex Corp. v. Eastman Kodak Co. – February 7 – Obtained for Eastman Kodak and Altek a favorable decision in which the Federal Circuit summarily affirmed a summary judgment of noninfringement in a case involving a patent directed to video still store technology. WilmerHale legal team: William Lee, Donald Steinberg, Michael Summersgill, S. Calvin Walden

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