Desmarais LLP earned a verdict of noninfringement for Cisco on August 15, 2022 after a two-week jury trial in Boston, defeating a claim for $371 million for patent infringement brought by software company Egenera over a virtual networking patent. During the trial, Desmarais LLP successfully demonstrated that Cisco does not infringe Egenera’s patent (No. 7,231,430).
This was not Desmarais LLP’s first victory in the case. Before this most recent trial, Desmarais LLP secured several key victories that narrowed the case significantly. Egenera originally asserted three patents against Cisco. In 2017, Desmarais LLP invalidated one of those patents at the motion to dismiss stage. A second patent was invalidated in an IPR. The third patent was invalidated following a three-day bench trial concerning inventorship in 2019. After the Federal Circuit permitted Egenera to correct the inventorship of the ’430 patent, Desmarais LLP secured several key summary judgment rulings, including eliminating several previously-asserted claims and more than $440 million in pre-suit damages. Despite those victories, Cisco still faced allegations from Egenera of $371 million at this most recent jury trial.
The trial team for Cisco included partners and co-lead trial counsel John Desmarais and Tamir Packin, as well as partners Peter Magic and Jonas McDavit, and associates Michael Rhodes, Carson Olsheski, Jamie Kringstein, Jordan Owens, Asim Zaidi, and Ben Nichols. The team was supported at trial by an incredibly committed team of support staff including: Gwen Brons, Sam Schneider, Ann Duggan, Catarina Rivera, Katherine Wiley, and Ivette Viera.
Law360 – “Cisco Cleared In $371M Software Patent Trial” (subscription required)
Law360 – “Software Co. Loses Bid For New IP Trial Against Cisco” (subscription required)
Reuters – “Cisco beats back $371 mln patent lawsuit after Boston trial”
Bloomberg Law – “Cisco Slips $371 Milllion Server-Management Patent Suit” (subscription required)
ALM Law.com – "Cisco Escapes $371Million Infringement Claim" (subscription required)
Managing IP – "Cisco Victorious in Massachusetts Court" (subscription required)
Benchmark Litigation Recognizes Bindu Donovan, Leslie Spencer in ‘Top 250 Women in Litigation’
Accolades
Desmarais LLP partners Bindu Donovan and Leslie Spencer have been named to Benchmark Litigation’s “Top 250 Women in Litigation” for 2022. Benchmark arrived at its “Top 250 Women in Litigation” list...
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