Presentation is loading. Please wait.

Presentation is loading. Please wait.

Fractus, S.A. Patent Litigation May 18, 2009 East Texas Patent Litigation and Perkins Coie Experience.

Similar presentations


Presentation on theme: "Fractus, S.A. Patent Litigation May 18, 2009 East Texas Patent Litigation and Perkins Coie Experience."— Presentation transcript:

1 Fractus, S.A. Patent Litigation May 18, 2009 East Texas Patent Litigation and Perkins Coie Experience

2 1. Litigating in the Eastern District of Texas 2. Litigating before Judge Leonard Davis 3. Budget and Risk-Sharing 4. Perkins Coie and its Patent Litigation Practice Topics

3 The Eastern District of Texas Return to Table of Contents

4  Defendants can win, but the obstacles are greater than in most other venues;  The juries are very pro-plaintiff;  The juries like patentees, and dislike large corporations;  The juries are politically conservative, but willing to grant large damages – Tyler jurors especially are familiar with royalties, and are comfortable with large royalties;  Tyler area jurors have extreme pride in their community. Eastern District of Texas in Tyler Return to Table of Contents

5  The District is extremely pro-discovery – virtually everything the plaintiff wants will have to be provided;  Procedural rules will be interpreted to favor the plaintiff;  Especially rules regarding summary judgment, in limine motions, and provision of the parties contentions;  The District is no longer a “rocket docket,” as its popularity has clogged the District with patent cases. Eastern District of Texas in Tyler Return to Table of Contents

6 Judge Davis Return to Table of Contents

7  Judge Davis is pro-plaintiff, but nevertheless a good, honest judge;  He is an ex-plaintiff’s contingent fee lawyer at Potter Minton in Tyler;  He is intelligent and very experienced in patent cases, more so than all but a handful of Federal judges around the country;  He rewards quality lawyering, and punishes attorneys who are unprepared or unskilled;  He has a slow docket that is filled with large patent cases;  He is radically pro-discovery;  While in active practice as a plaintiffi’s lawyer, he concluded that defendants, especially large corporations, frequently fail to comply with basic discovery obligations;  He has a conservative approach to claim construction, emphasizing “plain meaning;” Judge Davis Return to Table of Contents

8  He conducts extremely short trials – 4 days are assumed appropriate for every trial;  He is pleasant and courteous, at least to well-prepared lawyers;  He refers much of his pre-trial work to Magistrate Judge Love;  He exerts extreme pressure on the parties to settle, and will order multiple mediations;  He is slow to rule on most motions, especially summary judgment:  Summary judgment motions will not be considered until trial is near;  He never stays litigation for a pending reexamination; Judge Davis Return to Table of Contents

9  His in limine rulings are usually pro-plaintiff;  Much evidence that is usually considered relevant to a defense is excluded;  He requires extensive cooperation between co-defendants, especially by sharing experts, arguments, technology tutorials and other presentations. Judge Davis Return to Table of Contents

10 Trying a Case in Tyler, Texas  The defense must be simple, straight- forward, and expressed in terms that lay jurors easily understand.  No more than two defenses should be presented; one is better.  Good witnesses are crucial, especially good experts who are adept at clear explanations.  The trial will be conducted at a lightning pace, so brevity while being clear is critical. Return to Table of Contents

11 Trial Themes  Non-infringement is likely the best defense in this circumstance;  The defense should be built around a “sweat of the brow” theme, relying upon the remarkable HTC story—10 years from founding to one of world's leading technology companies;  HTC must be demonstrated to be an innovator;  HTC must be shown to respect the patents of others. Return to Table of Contents

12 Plan for Winning  Develop strong and understandable non- infringement defenses;  Try to cooperate with co-defendants to reduce expenses;  Re-exam as way to get 2 nd bite on invalidity;  Retain great experts;  Obtain the cooperation of the true innovator in this field, Fractal Antenna Systems (an American Company). Return to Table of Contents

13 Budget and Risk Sharing Return to Table of Contents

14 Litigation Budget: Q2' 09 thru trial  Engagement through trial: $2.5– $3M  Reflects 7% discount off our standard rates, which we are confident are lower than California or East Coast-based firms Return to Table of Contents

15 Risk-Sharing  Perkins has a track record of winning  That is why Intel, Microsoft, Nintendo, Google, & T-Mobile hire us  Last win was in March by proposed team leaders Jerry Riedinger and Mike Broaddus for defendant Nintendo in plaintiff friendly E.D. Texas  We put our money where our mouth is  We would welcome discussing risk-sharing and success bonuses Return to Table of Contents

16 Perkins Coie and its Patent Litigation Practice Return to Table of Contents

17 Perkins Is the Right Firm For This Case  We know wireless technology, prior art, and expert witnesses  We know HTC, its culture, legal team, documents, engineers, etc.  Our rates are 10-20% lower than other national firms' rates, and we're willing to share the risks  No client is more important to Perkins than HTC Return to Table of Contents

18 Perkins Coie Overview  700 lawyers in 15 offices  Full service firm focused on intellectual property, high stakes litigation, and corporate finance  Leader in the representation of technology companies  AmLaw 100 Firm  One of FORTUNE magazine's"100 Best Companies to Work For" seven years in a row Return to Table of Contents

19 Office Locations  Anchorage  Beijing  Bellevue  Boise  Chicago  Denver  Los Angeles  Madison  Menlo Park  Phoenix  Portland  San Francisco  Seattle  Shanghai  Washington, D.C. Anchorage Beijing Shanghai Bellevue Boise Chicago Denver Los Angeles Menlo Park Phoenix Portland San Francisco Washington, D.C. Seattle Madison Return to Table of Contents

20 Patent Litigation Practice  85 IP litigators firmwide, including 65 patent litigators in 8 offices  50 patent prosecutors for technical support  Ranked among the top 20 largest IP practices by Managing Intellectual Property  #9 nationally for patent litigation filings by IP Law360  #16 nationally for number of patent litigation cases by IP Law & Business Return to Table of Contents

21 Locations of Perkins Coie Patent Litigators, Trials and Additional Litigation Return to Table of Contents

22 Representative Patent Litigation Clients  Google  HTC  Intel  Intersil  Maxim Integrated Products  Microchip Technology  Micron Technology  Microsoft  Bolded relate to wireless telecom work  Monolithic Power Systems  Mylan Pharma  Nintendo  Semitool  SonoSite  STMicro  Taser  T-Mobile. Return to Table of Contents

23 Fractus, S.A. Patent Litigation May 18, 2009 East Texas Patent Litigation and Perkins Coie Experience Return to Table of Contents


Download ppt "Fractus, S.A. Patent Litigation May 18, 2009 East Texas Patent Litigation and Perkins Coie Experience."

Similar presentations


Ads by Google