Beat Force Majeure Claims and Secured $3 Million in Damages in Pandemic-Driven Dispute
Represented WideOpenWest, a cable TV, internet and phone provider, before a panel of arbitrators on dueling breach of contract claims after WideOpenWest terminated its agreement with ad partner Viamedia in the midst of the COVID-19 pandemic. In the arbitration, Viamedia contended that the pandemic, as a force majeure event, excused its failure to pay WideOpenWest. The panel found Viamedia liable for breach of contract and awarded WideOpenWest nearly $3 million in damages, plus attorneys’ fees and costs.
Favorable Result in DMCA Copyright Case
Obtained an order dismissing claims for secondary copyright infringement against an internet service provider (ISP) and its management company. The plaintiffs sought to hold the clients liable for copyright infringement allegedly committed by the ISP’s subscribers through peer-to-peer file-sharing. The U.S. District Court for the Western District of Texas dismissed the plaintiffs' vicarious infringement claims against the ISP with prejudice, and ordered that all claims against the management company be dismissed with prejudice.
Dismissal of Patent Claims with Prejudice for Telecom Company
Successfully defended client against patent infringement claims brought by non-practicing entity, resulting in the plaintiff voluntarily dismissing its claims with prejudice.
Successfully Defended Augmented Identity Company Against Patent Infringement Claims
Successfully defended our client, a technology company focusing on augmented identity, against patent infringement claims brought by a non-practicing entity, resulting in the plaintiff voluntarily dismissing its claims with prejudice.
$12 Million Jury Verdict in Patent Infringement Case
Obtained jury verdict and award of $12 million in past damages against a client's subsidiary for infringement of computer software patent. Additionally, obtained jury verdict of noninfringement on patent infringement counterclaims.
Dismissal in Patent Infringement Action
Obtained order denying plaintiffs request for jurisdictional discovery in a patent infringement action. This resulted in the plaintiff voluntarily dismissing the case against the client.
Successfully Defended Snack Chip Manufacturer Against Infringement, Other Claims
Successfully defended client against claims of patent infringement, trademark infringement, trade secret misappropriation and unfair competition brought by leading manufacturer of snack chips. Secured a defense verdict on all claims.