21 Feb 2016

Brad Caldwell Named National Litigator of the Week

DALLAS – The national legal publication The

21 Feb 2016

DALLAS – The national legal publication The American Lawyer named Caldwell Cassady & Curry’s Brad Caldwell as Litigator of the Week among every attorney in the U.S. following his work as lead trial counsel in a patent infringement case against Apple that ended with a $625.5 million verdict in favor of our client VirnetX.

Mr. Caldwell earned the national recognition following the verdict delivered in February 2016 before Judge Robert W. Schroeder III in the U.S. District Court for the Eastern District of Texas in Tyler. The jury’s award represents the largest Texas verdict handed down during 2016 and the fourth-largest in the U.S. over the past year.

The American Lawyer noted Mr. Caldwell’s work in the trial as part of a year-end review that you can read here.

The jury found that Apple’s modified VPN On Demand, iMessage and FaceTime features infringed VirnetX’s patents and that Apple’s infringement was willful.

In addition to assessing the royalty Apple owed for its prior infringement, the verdict also included an award based on the finding that Apple’s modified VPN On Demand, iMessage and FaceTime services continued to infringe VirnetX’s patents following the first trial.

The case is VirnetX Inc., et al. v. Apple Inc., No. 6:12-cv-00855.

The verdict represented the second time that Mr. Caldwell and other attorneys from Caldwell Cassady & Curry have won at trial against Apple on behalf of VirnetX.

Caldwell Cassady & Curry previously helped VirnetX win a $368 million verdict in 2012 trial when a separate Eastern District jury found that Apple had infringed four VirnetX patents to produce the FaceTime video-conference application and the VPN On Demand service. The award later was vacated by the U.S. Court of Appeals for the Federal Circuit, which sent the case back to the district court for a retrial on damages and to determine Apple’s alleged infringement through the FaceTime service under a new claim construction, which the jury decided in the February 2016 verdict.

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