Orrick Secures Summary Judgment for Defendants in Patent Infringement Suit

08.01.13

Orrick secured summary judgment for its clients Fujifilm Corp., Konica Minolta, Inc., Ricoh Imaging Company, Ltd. and Sigma Corp. in a patent infringement action filed by Digitech Image Technologies LLC., a subsidiary of Acacia Research Corporation, among the nation's largest patent trolls. 

Fujifilm, Konica Minolta, Ricoh Imaging and Sigma  were among 45 digital camera companies and electronics retailers named as defendants in the case, filed in July 2012.  Digitech accused the defendants of infringing what is referred to as the '415 patent - titled "Device profiles for use in a digital image processing system" - by manufacturing and selling digital cameras and other devices, including Fujifilm's FinePix camera line and Sigma's DP1 and DP2. 

In granting Orrick's summary judgment motion, U.S. District Judge Otis D. Wright ruled that the asserted claims in Digitech's '415 patent were invalid because they do not address patentable subject matter. 

Orrick IP partner Chris Broderick characterized the court's ruling as a "sound application of the law to a patent that sought to claim invention of an abstract idea, something the patent statute does not allow." 

Orrick IP Group Co-Chair Steve Routh added: "Chris and the entire Orrick team worked with our clients to develop and execute a well thought through strategy to build a strong record to support summary judgment and then to invalidate the '415 patent at the earliest possible date.  This allowed our clients not only to prevail but also to avoid large litigation costs."

In addition to the above defendants, Orrick also represented defendants Nikon, Panasonic, Canon, Olympus, LG Electronics, Best Buy, Target, MicroElectronics, and Overstock in the case.  As a result of either the summary judgment ruling or earlier actions by the Orrick team, the Digitech case is now expected to be dismissed against all of these defendants as well.

The Orrick team included intellectual property partners Chris Broderick, David Case, Sten Jensen, Rich Martinelli, Bill Wright, Joseph Calvaruso and Steve Routh, as well as intellectual property associates Andrew Yen and Nick Lam.