Mueller and Tallon Earn Victory for McAfee Against NPE

Mueller and Tallon Earn Victory for McAfee Against NPE


Late last week, Partners Joseph Mueller and Nina Tallon achieved a significant trial victory for McAfee, Inc.—subsidiary of longtime client Intel Corporation—in a patent infringement case brought by non-practicing entity TVIIM, LLC. The five-day jury trial held in the US District Court for the Northern District of California before Judge Haywood S. Gilliam resulted in a verdict finding that McAfee did not infringe any asserted claims of TVIIM's patent and that all asserted claims of the patent are invalid. TVIIM had sought $13 million in damages through trial, plus a running royalty through 2020.

"We couldn't be more pleased with the jury's finding, or Nina's and Joe's counsel throughout this matter," said Laurie Charrington, Senior Litigation Counsel at Intel. "We have partnered with the firm on IP litigation and other matters for many years, and are consistently impressed with their talent, knowledge and dedication."

TVIIM brought suit against McAfee in 2013, originally accusing all Enterprise and Consumer products of infringing TVIIM's computer security patent (US Patent No. 6,889,168), which through the suit the team forced it to reduce to McAfee's AntiVirus Plus, Internet Security, Total Protection, LiveSafe, and All Access consumer products. Last week's ruling was a complete victory for McAfee.

"As someone who's been at this for a long time, Nina and Joe are two of the firm's most talented trial lawyers. Their dynamic style, trial experience and awareness of client needs is something that I am proud to see in our next generation of leaders," added Bill Lee, partner and former co-managing partner of WilmerHale.

Assisting Mueller and Tallon on the matter was a strong team of WilmerHale lawyers, including Partners Jim Quarles and Sarah Petty, and Senior Associates Michael Wolin, Jeffrey Hantson and Christine Capuyan.