Willenken’s Defense of ARM Enterprises Leads to Favorable Jury Verdict in Patent Infringement Case

August 22, 2018

True to its calling as a trial firm, Willenken Wilson Loh & Delgado LLP successfully defended its client, ARM Enterprises, in a patent infringement case earlier this summer.

ARM was accused of infringing a patent owned by Plaintiff Eko Brands and related to reusable capsules for single beverage coffee machines.  Plaintiff, a Seattle based company, filed the lawsuit in its home court where it was able to secure several favorable rulings on various issues prior to trial.  In fact, as a result of a claim construction order issued prior to Willenken’s involvement with the case, Defendant had little choice but to stipulate to infringement prior to trial.  At trial, Plaintiff sought compensatory damages of over $1.5 million and a finding of willfulness, which would have trebled damages to $4.5 million and supported Plaintiff’s motion for attorneys’ fees.

Willenken partner Will Delgado cross-examined Plaintiff’s damages expert at trial, painstakingly pointing out to the jury the errors in the expert’s Georgia Pacific analysis.  During closing argument, Will seized on numerous concessions by Plaintiff’s expert and other witnesses—including a key concession that Plaintiff had not apportioned damages properly—to argue that its damages analysis was vastly overinflated.  Will also pointed out Plaintiff had failed to establish that Defendant had infringed the patent willfully.

In just a few short hours, the jury returned a verdict substantially in Defendant’s favor.  The jury awarded a mere $192,000 in compensatory damages and found that Defendant had not willfully infringed the patent.  Willenken is now handling the appeal before the United States Court of Appeals for the Federal Circuit, which will review the claim construction order and could potentially reverse the entire judgment altogether.