January 21, 2016

Milbank Wins Appeal in Patent Infringement Case

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In 2011, Milbank represented a preeminent technology company in a patent infringement suit brought by plaintiff Wi-LAN Inc. in the Eastern District of Texas. In October 2013, after over two years of litigation, Milbank secured a jury verdict of non-infringement and invalidity. After post-trial briefing, Judge Gilstrap upheld the non-infringement verdict but overturned the invalidity verdict based on a post-trial clarification of a claim construction. The parties cross-appealed and on January 8, 2016, the Federal Circuit affirmed the non-infringement verdict and reinstated the invalidity verdict resulting in a complete win for Milbank’s client. Milbank’s Intellectual Property Litigation & Technology team, led by partner Mark Scarsi and associates Ashlee Lin and Miguel Ruiz, were featured as “legal lions” by Law360 for “[taking] down an unfavorable, multimillion-dollar judicial decision in a federal patent case in Texas.” Click here to read the article.