Intellectual Property

Representative Patent Cases


  • In April 2017, a federal jury in Wilmington, Delaware awarded Susman Godfrey client, Green Mountain Glass LLC, more than $50.3 million in its patent infringement lawsuit against Ardagh Glass, Inc. The jury found Ardagh, formerly known as Saint-Gobain Containers, willfully infringed Green Mountain’s patent No. 5,718,737 for technology that allows glass manufacturers to use recycled glass of mixed colors.
  • In August 2016, Susman Godfrey LLP secured a complete victory in Tyler, Texas, on behalf of client Globus Medical in spinal insert patent infringement litigation brought by Flexuspine, Inc., a local Tyler company. A jury in the U.S. District Court for the Eastern District of Texas issued a defense verdict entirely in Globus Medical’s favor.
  • In July 2016, Susman Godfrey attorneys scored a victory for client wearable technology company Jawbone in its ongoing battle with rival Fitbit. The International Trade Commission ruled that one of the three patents asserted by Fitbit against Jawbone were invalid. The case will now head to trial before an Administrative Law Judge who has indicated he views the remaining two patents as invalid also.
  • In May 2015, Susman Godfrey won a confidential multi-million dollar settlement on behalf of Personalized Media Communications (PMC) in a patent infringement action against DISH/EchoStar. PMC alleged that DISH infringed several patents related to the encryption and decryption of satellite signals.
  • In 2015, Susman Godfrey represented client Intellectual Ventures I LLC in a jury trial when Symantec Corporation attempted to invalidate three of Intellectual Ventures’ long-standing patents. The federal patent infringement lawsuit addressed Symantec’s use of patented security software technologies contained in Symantec antivirus, anti-spam and cloud-based anti-malware software. Filed in December 2010, Symantec denied infringement and validity of all three patents contending that Intellectual Ventures was entitled to zero dollars in damages. The Delaware jury came back in favor of Intellectual Ventures, rejecting Symantec Corp.’s attempts to invalidate Intellectual Ventures’ three patents and found that Symantec infringed two of them. Intellectual Ventures I LLC was awarded $17 million in damages by the jury.
  • In 2015, a federal jury in Eastern Texas sided with Susman Godfrey client DataQuill Ltd in a patent infringement suit alleging that the US subsidiary of Chinese company ZTE Corp. infringed upon two of DataQuill’s patents covering smartphone technology. After deliberating less than 45 minutes, the jury found that ZTE had infringed U.S. Patent Nos. 6,058,304 and 7,139,591 and held that the patents were not invalid, awarding DataQuill $31.5 million in damages for ZTE’s past infringement. The verdict was named on the National Law Journal’s “Top 100 Verdicts & Settlements of 2015” – Named #22 Nationally and #6 in Texas.
  • In March 2013, Susman Godfrey won a $27.5 million verdict yesterday on behalf of its client, Two-Way Media LLC, in a patent infringement suit in San Antonio against AT&T Inc. related to the streaming of audio and video content over the Internet.  Two-Way Media owns patents related to live streaming and recordkeeping technology that is used for broadcasting audio and video over the Internet.  Akamai and Limelight previously settled with Two-Way Media in this matter.
  • In May 2012, Susman Godfrey obtained a $15.4 million verdict on behalf of PACT XPP Technologies, AG, in federal court in Marshall, Texas.  PACT alleged that Xilinx, Inc. and Avnet, Inc. had infringed two of PACT’s patents via their sale of certain Xilinx-branded Field Progammable Gate Array (FPGA) devices.   The jury found that both PACT patents were infringed and valid, and it further determined Xilinx’s infringement to be willful.  
  • Susman Godfrey served as lead counsel representing Fractus in its patent infringement lawsuit against Samsung in a case involving internal antennas in cell phones. A jury returned a verdict in Fractus’s favor, and the district court entered judgment for over $38 million plus interest. The parties argued an appeal to the Federal Circuit in December 2013. While the appeal was pending, the parties reached a settlement, the terms of which are confidential.  .
  • Susman Godfrey pursued Paltalk's patent claims against Microsoft Corp. and concluded the matter by entering into a successful settlement on the fourth day of trial in the Eastern District of Texas. Paltalk, the leading real-time, video-based community, alleged Microsoft was using Paltalk's patented technology for its video game systems, specifically Halo 2 and Halo 3 running on Xbox LIVE. Paltalk defeated Microsoft's motions for summary judgment, clearing the way for a trial between the two parties.
  • Susman Godfrey won a jury verdict of infringement and validity in the patent case Mass v. Ergotron et al. (Eastern District of Texas), securing a permanent injunction on the client's behalf.
  • Susman Godfrey settled MicroUnity's claims against Sony after defeating Sony's motions to stay and transfer. Susman Godfrey previously represented MicroUnity in pursuing claims against Intel and Dell.
  • Susman Godfrey tried a patent case to a jury against Ariba on behalf of Boston-based Sky Technologies seeking $50 million in damages.  The patents at issue relate to online commerce negotiations software.  After two weeks of trial, during which invalidity, infringement and damages were tried, and on the verge of a jury verdict, Ariba settled for a confidential amount.
  • Susman Godfrey achieved a confidential settlement on behalf of, Inc., which was sued by Apple Inc. in a declaratory judgment action seeking to invalidate Burst's patents for the transmission of compressed audio and video. On behalf of Burst, Susman Godfrey responded to Apple's lawsuit with counterclaims for infringement of Burst's patents by Apple's immensely popular iPod, iTunes, and iTunes Store. The case was litigated in the Northern District of California.
  • Susman Godfrey obtained a confidential settlement on behalf of Timeline, Inc., in its claims against ProClarity, Inc., a subsidiary of Microsoft Corporation, for infringement of Timeline's database software patents. Susman Godfrey defeated the defendants' challenge to the validity of the patents and settled the case on the eve of trial. The case was litigated in the Western District of Washington.
  • Susman Godfrey went to trial in a patent infringement case in the Southern District of Texas on behalf of Two-Way Media, LLC against America Online, Inc. Two-Way Media asserted that AOL had infringed its patents on audio streaming technology, and AOL sought to invalidate the patents. Susman Godfrey settled the case for a confidential amount during trial.
  • Susman Godfrey was hired as lead counsel to represent Rockwell Automation, a Fortune 500 company, in a major patent, antitrust and unfair competition dispute that had been ongoing in courts for four years.  It was resolved approximately 12 weeks after Susman Godfrey was hired. The settlement not only resolved the dispute but also provided significant business benefits to Rockwell Automation.
  • Days before trial, IBM and Susman Godfrey's Boston-based client Sky Technologies, LLC settled a lawsuit brought by Sky in the U.S. District Court for the Eastern District of Texas alleging patent infringement, breach of contract and misappropriation of trade secrets. In its trade secrets claim, Sky alleged that, after signing a confidentiality agreement, IBM received access to a broad range of trade secret information related to the operation of Sky's technology for facilitating online negotiation. Sky presented evidence that these trade secrets were later incorporated directly into IBM's own products and services. Under the terms of the settlement, reached two days before the parties were set to pick a jury, IBM agreed to license Sky's patents and technology for conducting online negotiation. The financial terms of the settlement are confidential.
  • Susman Godfrey settled client SuperSpeed Software's patent infringement suit against Oracle Software in the Southern District of Texas. Susman Godfrey finalized the settlement with Oracle soon after the District Court issued a claim construction opinion that was highly favorable to SuperSpeed. Details of the settlement are confidential. The suit alleged that Oracle's software products, including Oracle Parallel Server and Real Applications Clusters, infringed a number of SuperSpeed patents on technology for increasing data processing speed by caching data in local memory.
  • Susman Godfrey defended in a patent infringement lawsuit filed by Soverain Software in the Eastern District of Texas. Soverain alleged that's websites infringed patents relating to basic e-commerce technology, including electronic shopping carts. Days before trial, and just after the Court granted one of's summary judgment motions, Susman Godfrey obtained a successful settlement of the case.