Rick Stark Co‑Authors ABA Handbook on Intellectual Property Misuse

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.

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.

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.

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.