Four Decades for Justice
September 16, 2020
Cravath partner Richard J. Stark authored an invited paper commenting on the 2019 book Patent Remedies and Complex Products for the Summer 2020 edition of Jurimetrics, which is published by the American Bar Association's Section of Science & Technology Law. The article examines certain conclusions and recommendations of Patent Remedies and Complex Products related to patent and antitrust litigation in the United States and reviews critical aspects of the calculation of reasonable royalties and injunctive relief, particularly in standard-essential patents.
Deals & Cases
May 08, 2019
On April 16, 2019, Cravath client Qualcomm announced an agreement with Apple to dismiss all litigation between the two companies worldwide, with a settlement that includes a payment from Apple to Qualcomm. The companies also reached a global six‑year license agreement, effective as of April 1, 2019, including a two‑year option to extend, and a multiyear chipset supply agreement.
Deals & Cases
On December 20, 2018, the United States Court of Appeals for the Federal Circuit affirmed three inter partes review (“IPR”) decisions by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client Alarm.com Inc., invalidating claims in three patents at issue in infringement litigation brought by Vivint, Inc.
Deals & Cases
On May 29, 2011, Cravath client IBM entered into an agreement to settle a lawsuit brought by Neon Enterprise Software in the U.S. District Court for the Western District of Texas in December 2009. The suit concerned Neon’s software product, zPrime. Neon’s claims, seeking billions of dollars in alleged damages, included false advertising, business disparagement, tortious interference with prospective contracts and monopolization. IBM counterclaimed for breach of contract, tortious interference with contract and false advertising. In February 2011, the court issued a decision denying both parties’ motions for summary judgment, but upholding IBM’s interpretation of the relevant contracts. Certain fact questions were left for the jury. The case settled on the eve of trial, resulting in IBM’s winning a permanent injunction against Neon and the dismissal of all claims and counterclaims.
Deals & Cases
On March 7, 2011, Judge Steven Brick of the Superior Court of California, Alameda County, granted summary judgment in favor of a group of pharmaceutical manufacturers and their trade group, PhRMA, in an antitrust action brought by a group of retail pharmacists in 2004 under California law. Cravath served as co-counsel to defendant Bristol-Myers Squibb Company.
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