November 07, 2017
Latham scored a big win at the Federal Circuit on behalf InterDigital Communications, paving the way for a damages trial against ZTE.
In 2013, InterDigital, a developer of wireless technologies for mobile devices, networks, and services, sued ZTE for patent infringement in the International Trade Commission and in the District of Delaware. The Delaware case was bifurcated into liability and damages phases. In 2014, after a one-week trial, the jury found three InterDigital patents infringed and not invalid and the district court entered judgment in favor of InterDigital. (One of the three patents was subject to an inter partes review and was not included in this appeal.)
As to two of the patents adjudicated infringed, ZTE appealed a key claim construction adopted by the district court as well as the court’s denial of its post-trial motion for judgment of noninfringement as a matter of law. ZTE argued that a prior Federal Circuit decision, addressing an arguably similar claim term in related patents, required reversal.
Latham persuaded the Federal Circuit that its prior decision was distinguishable and the Federal Circuit panel unanimously affirmed the district court’s judgment of infringement and validity. The case now returns to the district court for a trial on damages.
The Latham team was led by Washington, D.C. partner Max Grant (who was lead trial counsel in the jury trial in Delaware and argued before the Federal Circuit) and counsel Gabriel Bell (who led the Federal Circuit briefing). Partner Richard Bress and associate Michael Gerardi were also on the team.