November 15, 2022

New Trial Denied Following $13 Million Verdict

A client that had developed a revolutionary new, web-based point of sale system came to us for help when a much larger company, a cash register manufacturer, developed competing software that  infringed two of the basic patents in the new system. A lawsuit was filed by our client against the larger company. Our firm represented our client in a jury trial before US District Judge Alan Albright in Waco, Texas.

The federal jury found that the larger company had willfully infringed two payment processing patents held by our client. It was the first finding of willful infringement in a jury trial in Judge Albright’s court since he was appointed judge for the Western District of Texas in 2018. The jury awarded $13.2 million to our client. Judge Albright subsequently denied a motion by the defendant for a new trial.

Our litigators have a proven track record of winning cases through strategic motions and at trial, as well as maximizing opportunities for a favorable settlement. Our lawyers have tried cases for both plaintiffs and defendants before US federal and state courts, including the Eastern and Western Districts of Texas, as well as the US Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, the Court of Appeals for the Federal Circuit and the US Supreme Court. We have also handled post-grant reviews, and inter partes reviews (IPRs).

Our litigation practice includes highly skilled litigators from big firms, but also attorneys who have served as in-house counsel for such companies as ExxonMobil. We understand the challenges in-house counsel face and the importance of providing the best possible representation in a cost-effective way. We also offer deep experience in the relevant sciences and technologies such as engineering, physics, computer science, biology, materials science and chemistry, that no general-practice firm can offer. We do not overstaff cases or pursue every possible ramification of the issues, but remain laser-focused on achieving the best result for the client.

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Jay Yates