Carnival Corporation Wins $21 Million Judgment in Patent Infringement and Breach of Contract Trial

1 minute read | March.14.2023

A cross-practice intellectual property and litigation team secured a sweeping trial win for Carnival Corporation in the Southern District of Florida when a jury awarded $21 million in damages in a patent infringement and breach of contract case against DeCurtis LLC. The jury deliberated just a few hours before reaching its verdict after an eight-day trial.

The jury agreed with our client Carnival Corporation’s claims that DeCurtis misappropriated the company’s proprietary information related to its novel OceanMedallion™ guest engagement system and infringed a Carnival Corporation patent. Prior to trial, our team won a crucial summary judgment order eliminating all of DeCurtis’s counterclaims, leaving Carnival Corporation’s breach of contract and patent infringement claims for the jury to decide.

"We are glad to see DeCurtis held accountable for misappropriating Carnival Corporation's intellectual property and confidential information," Carnival said in a statement. "Technology like our game-changing OceanMedallion™ guest engagement system gives Carnival Corporation and our world-class brands a significant competitive advantage."

Litigation Daily recognized the win in its Litigators of the Week feature, and Law.com profiled the trial success in this story.

The Orrick team was led by partner Steve Routh, who handled opening statements and closing arguments at trial. The trial team also included partners Sheryl Garko, Rob Uriarte, Diana Fassbender, Laura Najemy, and Mel Bostwick, Chief Practice Officer Vann Pearce, and associates Johannes Hsu, Olivia Clements, David Medina, and Tammy Su.

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Steven J. Routh Partner, Geistiges Eigentum, Japan

Washington, D.C.

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D:+1 202 339 8509
E: [email protected]

Practice:

Technology & Innovation Sector
Geistiges Eigentum
Japan

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Steven J. Routh Partner

Washington, D.C.

Steve knows how to minimize risk while delivering a client’s business objective, either by defeating an opponent’s case in court or by negotiating the best possible settlement. His ability to pinpoint the argument that will resonate with each judge and jury has enabled him to protect cutting-edge technology involving medical devices, automotive components, telecommunications standards, digital and 3D imaging, guest engagement systems, and semiconductor devices and manufacturing processes. He has also used those same skills in litigating numerous antitrust, unfair competition, and complex tort and contract cases.

For the last 20 years, Steve has focused on guiding Japanese and other Asia-based companies through patent litigation before the U.S. District Courts, ITC and Federal Circuit. He is one of only two lawyers ranked in the Chambers Global guide for having Foreign Expertise in Intellectual Property for Japan. Steve consistently has been described as a “great negotiator who is excellent at creating litigation strategy.” Clients recently interviewed by Chambers also noted, “Steve is a really fantastic tactical thinker with good legal instincts. He is also very collaborative.” Other clients have stated that “his command of the law is evident in his ability to understand it and also apply it across a wide variety of situations,“ while still others have praised his ability to make “very quick and sound tactical decisions.”

Sheryl Koval Garko Partner, Geistiges Eigentum, Trademark, Copyright & Media

Boston

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D:+1 617 880 1919
E: [email protected]

Practice:

Geistiges Eigentum
Trademark, Copyright & Media
Patents
Trade Secrets Litigation
U.S. International Trade Commission

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Sheryl Koval Garko Partner

Boston

Over the course of her career, she has represented clients ranging from Fortune 50 companies to start-ups in trademark, copyright, false advertising, and trade secret litigations and at trial. She has worked with leading technology companies and some of the most recognizable brands in the world, including New Balance, Samsung, and Microsoft. She has tried cases to both judges and juries in federal courts across the United States and is experienced practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board and the International Trade Commission. Through her trial work, she has developed deep expertise in litigating novel and complex damages issues in IP cases and leveraging survey work.

Sheryl honed her skills in high profile, precedent setting cases. She represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse in a case that IP Law360 named it the top trademark ruling of 2016. Sheryl also represented Aereo against the major U.S. television networks in defense of its novel, industry-disrupting system for providing internet access to over-the-air broadcast television. That case ultimately went to the Supreme Court, which addressed copyright law issues of first impression.

Having prepared countless cases for trial, Sheryl has a clear understanding of the importance of identifying litigation strategy early on to direct the case in a cost- effective and efficient manner. Sheryl also leverages her wealth of experience to counsel clients on strategies to protect intellectual property when avoiding litigation is a strategic business priority.

Having also litigated a number of patent cases throughout her career, she brings to each matter a unique understanding of the intersection of copyright, trademark, trade secret and patent law. A superb communicator, she is able to explain diverse areas of complex technology to a judge or jury.

Sheryl has been consistently named as one of the leading intellectual property litigators in the world by World Trademark Review 1000, a peer and client survey. In its 2017 publication, WTR 1000 described her as "'highly recommended’ for her ‘helpful and creative advice,’ which is ‘always of first-rate quality.’” In the 2018 edition, WTR 1000 stated that Sheryl “offers significant firepower to any contentious mandate.” In the 2021 edition, WTR 1000 said Sheryl "puts her heart and soul into driving favorable outcomes."

Sheryl is the Global Chair of Orrick's Women's Initiative and serves on the firm's Management Committee.

She was named a 2017 Woman Worth Watching by Profiles in Diversity Journal. Sheryl was also singled out for Metropolitan Corporate Counsel’s Women in Business and the Law 2017 edition. In 2015, Massachusetts Lawyers Weekly named her one of the Top Women of Law and she received a 2015 Leadership Excellence Award from the National Diversity Council.

T. Vann Pearce, Jr. Partner, Patents, 3D Druck

Washington, D.C.

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D:+1 202 339 8696
E: [email protected]

Practice:

Technology & Innovation Sector
Patents
3D Druck
Geistiges Eigentum
U.S. International Trade Commission
Inter Partes Review (IPR)
Automotive Technology & Mobility

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T. Vann Pearce, Jr. Partner

Washington, D.C.

He also counsels clients on patent licensing and portfolio development. Vann co-founded Orrick's 3D printing practice.

In 2022-2023, Vann served as the Chief Practice Officer for the firm's IP & Litigation Business Units. In this role, Vann advised on strategic planning, operations, and management of Orrick’s IP, Employment, Complex Litigation & Dispute Resolution, International Arbitration, and Supreme Court & Appellate practice groups, which comprise nearly 400 attorneys globally. His responsibilities included oversight of the units' financial performance, business planning and execution, and lawyer recruiting. Vann also previously served as the firm’s U.S. Law School Hiring Partner, overseeing entry-level hiring nationwide.

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