News

VirnetX Wins $625.6 Million Patent Infringement Verdict Against Apple

TYLER, Texas – Attorneys with the Dallas law firm Caldwell Cassady & Curry won a $625.6 million verdict today in favor of Nevada-based VirnetX Holding Corp. (NYSE MKT: VHC) in a patent infringement lawsuit against technology giant Apple Inc. (NASDAQ: AAPL), marking the second time a federal jury has found Apple liable for infringing VirnetX’s patented technology.

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Federal Court Says Square Lawsuit Going to Trial in June

Caldwell Cassady & Curry represents Dr. Robert Morley, who invented the famous Square credit card reader and helped create the company Square Inc. (NYSE: SQ). A Missouri federal court recently ruled that Dr. Morley’s case will proceed to trial in June against Square, its CEO Jack Dorsey and Co-Founder Jim McKelvey, who face claims that include fraud, conversion, misappropriation of trade secrets, breach of joint venture agreement, breach of fiduciary duty, unjust enrichment, civil conspiracy, and negligent misrepresentation, among others.

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Client VirnetX Sets the Record Straight

Kendall Larsen is the CEO, President and Chairman of our longtime client VirnetX. After we helped the company win a $625.6 million patent infringement verdict against Apple, many media outlets incorrectly labeled VirnetX as a patent troll. In this commentary article published by Corporate Counsel magazine, Mr. Larsen sets the record straight while discussing the importance of protecting patented innovations.

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Caldwell Cassady & Curry Joins Red River Land Battle

AUSTIN, Texas – Attorneys from the Dallas law firm Caldwell Cassady & Curry have joined the litigation team representing a group of Texas landowners who say the federal government is attempting an illegal land grab by trying to seize more than 90,000 acres of their property along the Red River near the Texas-Oklahoma border.

“We knew the issues in this case were far too important for our firm not to be involved,” says attorney Austin Curry, a name principal at Caldwell Cassady & Curry. “A lot of lawyers at our firm grew up in Texas, and we view it as our duty to represent the property rights of our fellow Texans against the wrongful taking of their land.”

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Caldwell Cassady & Curry Attorneys Named to 2016 Texas Rising Stars List

DALLAS – Six attorneys from the Dallas-based patent infringement and commercial litigation firm Caldwell Cassady & Curry have earned spots on the 2016 Texas Rising Stars list of the state’s top young lawyers based on their work for clients in intellectual property cases.

Caldwell Cassady & Curry principals Jason D. Cassady, J. Austin Curry and Justin Nemunaitis are included in the exclusive listing along with firm associates Hamad M. Hamad, Daniel R. Pearson and Chris S. Stewart.

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Brad Caldwell Named National Litigator of the Week

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.

Justin Nemunaitis Promoted to Principal

DALLAS – The Dallas law firm Caldwell Cassady & Curry has promoted associate Justin T. Nemunaitis to principal in recognition of his outstanding legal work and leadership at the firm. Like all the attorneys at Caldwell Cassady & Curry, Mr. Nemunaitis represents both plaintiffs and defendants in patent disputes and complex commercial litigation.

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