Contested Patent Trial Results in Victory for Broadcom
MENLO PARK, CA - On Friday, December 14, 2001, a nine person Delaware jury, having deliberated approximately seven hours, ruled in favor of McDermott Will & Emery client, Broadcom Corporation, in a bitterly contested patent trial against Intel Corporation. The jury, following a three week trial, decided that Broadcom's chips do not use technology protected by two of Intel's previously awarded patents.
The suit, filed by Intel in August 2000, alleged that Broadcom had infringed five patents, two of which, regarding video decompression and computer networking, were severed for this first trial. Intel was seeking $246 million (with trebles) in damages, threatening Broadcom with the possibility of an injunction against its video and networking chip product lines. The jury found that both Intel patents in question were non-infringed and that Intel's computer networking patent is invalid because it was not a new invention.
Terry McMahon, who has previously prevailed in jury trials against Intel, commented, "I am delighted with the jury's verdict which totally vindicated Broadcom's position in this hotly contested lawsuit. We are gratified that Broadcom selected us to help them try this important litigation."
On behalf of Broadcom, the trial was presented by a joint team of lawyers from McDermott Will & Emery; Wilson Sonsini Goodrich & Rosati; and Broadcom Corporation. McDermott partners Terry McMahon, Vera Elson and Ray Lupo led the Firm's effort, which was a collaboration of lawyers from the Firm's Silicon Valley and Washington, D.C. offices. The McDermott legal team included David Larson from Silicon Valley, and Natalie Blinkova and Greg Krauss from Washington, D.C.
"This significant litigation effort, pulling together a joint team from the Firm's D.C. and Silicon Valley offices, brought in McDemott just three months prior to trial, demonstrating the depth, capability and resources of our IP practice," commented Ray Lupo, head of the Firm's IP Practice. "The growth our IP Department has seen over the past year and the joint effort of our legal team made this a great business success for our client and a significant accomplishment for the Firm."
