Milbank’s defense jury verdict in NetAirus Technologies LLC v. Apple Inc. was selected as one of the “Top Defense Verdicts of 2013” by the Daily Journal. Each year, the Daily Journal selects the top plaintiff and defense verdicts that were handed down in California based on size and impact. The case recognized by the Daily Journal was a patent litigation case in which NetAirus Technologies accused Apple’s iPhone products of infringing a patent. Over the course of several important pretrial rulings, Apple successfully excluded NetAirus’s damages expert and its survey experts from testifying at trial. Apple also reduced the number of products that NetAirus could accuse of infringement and the number of claims that NetAirus could assert at trial. These pretrial rulings greatly reduced the damages that NetAirus could seek at trial. The trial was held over six days in November 2013. After the jury was unable to reach a unanimous verdict, the parties stipulated to a majority verdict and the jury found, by a vote of 7-1, that the patent was invalid and that Apple did not infringe it.
The Milbank trial team representing Apple was led by Los Angeles partner Mark Scarsi, along with New York partner Christopher Gaspar, and Los Angeles associates Chris Holm, Hannah Cannom, and Ashlee Lin. Click here to read the full article.
