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Orrick and its Client EMC Corporation Successfully Defend Patent Infringement Suit Brought By Oasis Research, LLC

03-26-2013

​Orrick today announced an important victory with its client EMC Corporation in a patent infringement dispute brought by Oasis Research, LLC against EMC in the Eastern District of Texas. Following a six day trial in Sherman, Texas, a federal jury on March 22, 2013 returned a complete defense verdict in favor of EMC that invalidated all four patents asserted against the company for failure to name the correct inventors. The case, which spanned three years before going to trial, saw EMC file two petitions for writ of mandamus to the Court of Appeals for the Federal Circuit, which led to significant decisions related to patent litigation. It also gained national attention when National Public Radio ran a story called “When Patents Attack” which noted the role of Intellectual Ventures in supporting the infringement claim against EMC and the other defendants.

Key to EMC’s defense argument was that the patents being challenged were issued by the Patent Office with only one person named as an inventor, a computer engineer named Christopher Crawford. EMC, however, uncovered evidence that Crawford worked with co-workers when he allegedly conceived the ideas in the patents. These former co-workers came forward to claim they made significant contributions to the patents and should have been named as co-inventors. Documents dating back 20 years were located in the attic of one co-worker, supporting these claims.  The jury sided with EMC’s argument and returned a verdict of invalidity, finding that one of Crawford’s co-workers should have been listed as a co-inventor thus making all four of Oasis’ patents invalid.

Chris Ottenweller, lead outside counsel for EMC, praised EMC’s resolve to try the case and the leadership that the company’s in-house legal team provided throughout the litigation. “We had a terrific team, both Orrick and EMC lawyers, and the case preparation was both intensive and rigorous. We were dealing with events of 20 years ago, which emphasized the importance of explaining to the jury exactly what happened when Crawford applied for the patents.”

The EMC in-house team included Krish Gupta, senior vice president and deputy general counsel and William Clark, assistant general counsel. The Orrick trial team, led by Ottenweller, consisted of Silicon Valley intellectual property partner Bas de Blank, Silicon Valley intellectual property managing associate Jake Snow and Los Angeles intellectual property managing associate Alyssa Caridis. Eric Findlay of Findlay Craft LLP served as local counsel, while the other defendant, Carbonite, was represented by Matt Lowrie and Kevin Littman of Foley & Lardner.

About Orrick

Orrick is a global law firm with a particular focus on serving companies in the technology, energy and financial sectors. Founded in San Francisco and celebrating its 150th anniversary in 2013, Orrick is recognized by Law360 as one of the “Global 20” leading firms. The firm offers clients a distinctive combination of local insight and consistent global quality across 25 offices. Orrick lawyers are known for delivering commercially oriented advice on sophisticated transactions and have an extraordinary record of wins in high-stakes disputes. Chambers Global cites Orrick for leadership across 39 practice areas and recognizes 86 Orrick lawyers worldwide as leading practitioners. Selected by Financial Times as one of the most innovative U.S. law firms for the second consecutive year, Orrick is commended for innovation in both client advice and the business of law. Collaboration – one of the firm’s core values – defines the firm's relationships with its clients, among its lawyers and staff, and with its communities.

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