Exemplary Cases Title
Exemplary cases content
Attorneys at Caldwell Cassady & Curry have litigated and tried cases involving a broad range of technology, including electronics, computer science and architecture, signal processing, telecommunications, medical devices, and oilfield technology. In preparing these cases for claim construction and trial, our attorneys not only work closely with leading experts but also draw upon their own science and engineering backgrounds.
The current engagements of Caldwell Cassady & Curry—as well as prior, representative cases handled by the attorneys while at their previous law firms—include:
- VirnetX, Inc. v. Apple, Inc.Caldwell Cassady & Curry represents VirnetX in the company’s patent infringement litigation against technology giant Apple Inc. In late 2012, we helped VirnetX win a $368 million verdict when a federal jury determined that Apple had infringed four VirnetX patents to produce the VPN On Demand and FaceTime features in the popular iPhone and other Apple products.
After the case was sent back for a new trial on damages, we won again; securing a $625 million verdict for VirnetX in February 2016 after jurors in the U.S. District Court for the Eastern District of Texas found that Apple continued to infringe VirnetX’s patents following the first trial in order to produce the FaceTime, and re-designed VPN On Demand features. The jury also found that Apple’s infringement was willful regarding FaceTime and VPN on Demand.
The court later vacated its order to consolidate the matters and set the cases for two separate jury trials.
In the first new trial heard in September 2016 pertaining to the earlier generations of products, we helped VirnetX win a $302 million verdict against Apple before a new Eastern District jury. The verdict was entered as a $439.7 million judgment in September 2017 and affirmed on appeal by the U.S. Court of Appeals for the Federal Circuit.
In the second new trial heard in April 2018 addressing the newer generations of products, a different Eastern District jury awarded a unanimous verdict of $502.6 million in favor of VirnetX after finding Apple’s infringement was willful. The entire verdict amount was entered as a judgment in August 2018.
- Grace, et al. v. Apple Inc.Attorneys at the Firm represent a class of plaintiffs in a high-profile consumer class action case, Christina Grace, et al. v. Apple Inc., in the U.S. District Court for the Northern District of California against Apple based on allegations that the technology company intentionally broke the popular FaceTime video chat feature for millions of customers. The Firm successfully defended the affected customers against Apple’s multiple attempts to dismiss the case and helped secure class certification for all California class plaintiffs in 2018. That class-certification order is currently on appeal in the U.S. Court of Appeals for the Ninth Circuit, where the Firm continues its representation of the millions of affected customers.
- Cellular Communications Equipment LLC v. Apple Inc.Caldwell Cassady & Curry represented Cellular Communications Equipment LLC in a patent infringement lawsuit against Apple Inc. over a network technology patent. Following a trial heard in September 2016 in the U.S. District Court for the Eastern District of Texas, jurors found Apple to be a willful infringer and awarded a $22 million verdict in favor of CCE. The award represented a running royalty on Apple’s infringement through March 2016.
- Acantha LLC v. DePuy SynthesCaldwell Cassady & Curry successfully represented Acantha LLP in a patent infringement lawsuit against medical device manufacturer DePuy Synthes, a subsidiary of healthcare giant Johnson & Johnson. DePuy was sued based on its infringement of an Acantha patent that covers an orthopedic implant assembly used in surgical procedures. Following the August 2018 trial in the U.S. District Court for the Eastern District of Wisconsin, a jury of five women and three men delivered a unanimous $8.2 million verdict in favor of the firm’s client.
- VirnetX, Inc. v. Microsoft Corp.Attorneys at the firm represented VirnetX in its patent infringement action against Microsoft involving virtual private network technology. In 2011, a jury awarded VirnetX $105 million in its verdict and found that Microsoft’s infringement had been willful. The case settled after VirnetX moved for a permanent injunction.
- Smartflash LLC v. Apple, Inc. et al. and Smartflash LLC v. Samsung Electonics Co. Ltd., HTC Corp., et al.The firm represents Smartflash in its patent infringement actions involving Smartflash’s data storage and access system patents, which are infringed by Apple’s iTunes store and the Google Play feature in Samsung’s and HTC’s products. In February 2015, a jury awarded Smartflash $532,900,000 in its verdict and found that Apple’s infringement was willful.
- Summit 6 LLC v. Samsung Electonics Co. Ltd., Facebook Inc., et al.Mr. Caldwell represented Summit 6 in its patent infringement action in the U.S. District Court for the Northern District of Texas involving the company’s patents that cover the compression of images prior to uploading. All parties other than Samsung settled before a 2013 trial that ended with a Dallas jury awarding $15 million to Summit 6 in its verdict against Samsung.
- Medtronic, Inc. v. Boston Scientific Corp.Mr. Caldwell and Mr. Cassady have represented Medtronic in multiple patent infringement actions involving coronary catheterization, stent design, and drug-eluting stent technology pending in the Eastern District of Texas and elsewhere. In Medtronic, Inc. v. Boston Scientific Corp., Mr. Caldwell represented Medtronic in a jury trial which resulted in a $250 million verdict in Medtronic’s favor. This lawsuit settled after judgment was entered by the district court.
- i4i Limited Partnership v. Microsoft CorporationMr. Curry represented i4i in a suit filed against Microsoft Corporation for patent infringement involving methods for compiling and maintaining the architecture and content of a document separate from each other. The jury awarded i4i $200 million in its verdict, and i4i successfully defeated all of Microsoft’s appeals—including Microsoft’s appeal to the Supreme Court of the United States, in which the Supreme Court affirmed the clear and convincing burden for challenging the validity of a patent.
- Varel International Independent LP.Attorneys at the firm have represented and continue to represent Varel in various patent and commercial litigation matters, including defending Varel against ReedHycalog’s allegations of patent infringement.
- Opti Inc. v. Apple Inc.Mr. Cassady represented Opti in a patent infringement suit against Apple regarding its patent regarding a computer operation that enables a “pre-snooping” function designed to allow for the more efficient transfer of data. A jury found that Apple willfully infringed Opti’s patent and awarded $19 million in its verdict. The case settled shortly before completion of the appeal to the Federal Circuit.
- Wyeth and Cordis Corp. v. Medtronic, Inc., et al.Mr. Caldwell represented Medtronic in defense of a patent infringement lawsuit pending in the District of New Jersey where local companies Wyeth and Cordis accused Medtronic of infringing patents pertaining to the use of the drug rapamycin (now commercially known as sirolimus) to treat restenosis—re-narrowing of an artery following an angioplasty procedure. The district court granted Medtronic’s motion for summary judgment invalidating the asserted patents.
- Halliburton Energy Services, Inc. v. BJ Services Corp.Mr. Caldwell and Mr. Cassady represented Halliburton as trial counsel in an arbitration proceeding against BJ Services Corporation (now a part of Baker Hughes, Inc.) in a case pertaining to infringement of three Halliburton patents in the field of hydraulic fracturing. Mr. Caldwell tried the case before the American Arbitration Association.
- ReedHycalog LP v. US Synthetics CorporationMr. Cassady represented US Synthetics in defending ReedHycalog’s allegations of patent infringement litigation regarding diamond cutter technology.
- Bedrock Computer Techs. v. Google Inc.Mr. Curry and Mr. Cassady represented Bedrock in a suit filed against Google for patent infringement involving methods for efficiently removing expired data from information storage and retrieval systems. The case settled shortly after the jury awarded $5 million in favor of Bedrock.
- TGIP, Inc. v. AT&T Corp.Mr. Caldwell represented TGIP in a patent-infringement action against AT&T, MCI/Verizon, and others pertaining to point-of-sale activated calling cards. AT&T remained in the lawsuit through a jury trial, and verdict in favor of TGIP was awarded by that jury. The case settled favorably for TGIP while an appeal was pending.
- Anascape, Ltd. v. Nintendo of America Inc. and Microsoft Corp.Mr. Cassady represented Anascape in its patent infringement lawsuit against Microsoft and Nintendo involving video game controller technology. After a two week trial in the Eastern District of Texas, Anascape obtained a jury verdict against Nintendo. Microsoft and Anascape reached a confidential settlement on the eve of trial.
- i2 Technologies, Inc. (now JDA Software Group) v. Oracle Corp.Mr. Caldwell represented i2 in a patent infringement action involving supply chain planning and application management patents. The parties reached a settlement agreement following the pretrial conference.
- JP Morgan Chase & Co. v. Affiliated Computer Services Inc.Mr. Caldwell defended ACS in a patent infringement lawsuit brought by JPMorgan Chase in the District of Delaware, focusing on three stored-value card patents asserted by JPMorgan. Before the close of discovery, JPMorgan unilaterally dropped all three of those patents from the lawsuit in the face of compelling noninfringement, invalidity, and inequitable conduct defenses.