Acer Inc., Nanya Technology Corp. and Powerchip Semiconductor Corp. Orrick successfully defended three semiconductor companies before the ITC in an investigation filed by Tessera, Inc., against 15 respondents related to semiconductor packaging patents. After a hard-fought battle that spanned nearly two years, the commission issued a final determination of no violation in December 2009. This decision was affirmed and costs were awarded by the Federal Court in May 2011.
Apple Inc. Orrick secured a significant victory for client Apple Inc. at the International Trade Commission against S3 Graphics, a subsidiary of HTC. Complainants S3 Graphics Co., Ltd., and S3 Graphics Inc. had alleged Apple’s products and software, including Apple’s iPhone, iPad, iPod touch and Macbook computers, infringed four patents directed toward image compression. The Commission determined that there was no violation by Apple. This high-profile case was one of the first smartphone battles to be decided.
Brocade Communication Systems, Inc. (formerly Foundry Networks). Orrick secured another favorable result for Brocade in a long-running, high-stakes patent dispute with A10 Networks. Less than an hour before a jury was to hear opening statements, A10 agreed to settle all disputes. Under the settlement, A10 will pay Brocade $75 million in cash and stock, dismiss with prejudice all of A10's appeals, and withdraw its attempt to reexamine the Brocade patents. Further, A10 granted Brocade a fully paid up, irrevocable and worldwide license to all of A10’s intellectual property, including any patents A10 may seek or receive in the next 12 years. A10 also provided Brocade a 12-year covenant not to sue Brocade or its customers. In return, Brocade agreed to a limited covenant not to sue A10 based on its current products. Brocade’s covenants do not extend to new A10 product lines or areas of business.
EMC Corporation. Orrick achieved a complete defense verdict for EMC in a high-stakes patent infringement dispute with Oasis Research, LLC, a non-practicing entity. Oasis alleged EMC and 17 co-defendants infringed four patents relating to a system designed to remotely back up computer files. While investigating Oasis's claims and EMC's defenses, Orrick uncovered information dating back 20 years, which ultimately helped lead the jury to invalidate all four of Oasis's patents.
Facebook, Inc. Orrick represents the popular social network Facebook in various intellectual property matters, including:
Orrick scored a victory for Facebook and its founder Mark Zuckerberg when the Ninth Circuit Court of Appeals upheld the dismissal of a lawsuit brought by two of Zuckerberg’s Harvard classmates who claimed that he stole the Facebook idea from them. Facebook had already reached a settlement with the plaintiffs, but then the plaintiffs disputed the valuation of the company and sought more money. The Ninth Circuit decision saved our client from further payment of up to $100 million.
Orrick successfully obtained a judgment of more than $850 million under the CAN-SPAM Act against an individual who used Facebook for improper purposes and sent false e-mail messages to Facebook users.
Fujifilm Corporation. Orrick scored a complete defense victory for Fujifilm Corporation in a patent infringement case brought by St. Clair Intellectual Property Consultants, Inc. The case went to trial in 2004 in the federal court in Delaware, where a jury entered a verdict of infringement of four patents. In January 2011, the Federal Circuit Court of Appeals overruled the judgment of infringement and directed the lower court to enter a judgment in favor of Fujifilm. The plaintiffs’ petition for rehearing was denied in March 2011, and the district court has now entered a final judgment of non-infringement in both the original case and a second case brought by St. Clair seeking damages for post-2004 sales. All issues have now been resolved, with a payment of costs by St. Clair to Fujifilm.
Tekmira Pharmaceuticals Corp. Orrick secured a significant victory for client Tekmira Pharmaceuticals., a small Canadian pharmaceutical company, by helping to obtain a $75 million cash settlement in a multi-country patent, licensing and trade secrets dispute. Tekmira also obtained assignment of approximately 150 of Alnylam patents and patent applications, and will receive milestones and royalties for Alnylam products incorporating Tekmira's technology, including a product now in clinical trials that is projected to be a $2 billion product by 2020.