Is the Eastern District of Texas ready to shed its reputation as a haven for patent plaintiffs? When it comes to jury trials, the numbers tell the story. Defendants fighting patent infringement claims once went three frustrating years without a single jury win in East Texas. So far this year, they’ve prevailed at trial seven times, far eclipsing the number of plaintiffs wins.
The latest defense victory came on July 15, when a federal jury in Tyler sided with a quartet of tech companies in a patent fight with Wi-LAN Inc., a patent licensing company represented by Vinson & Elkins. The jury found that Alcatel-Lucent USA Inc. and Ericsson Inc. don’t infringe three Wi-LAN Inc. patents relating to wireless technology. The jury also found that HTC Corporation and Sony Mobile Communications AB don’t infringe a fourth patent. The defense line-up included Kirkland & Ellis (for Alactel-Lucent), Thompson & Knight (for Ericsson and Sony), and Sheppard Mullin Richter & Hampton (for HTC). Kirkland’s Gregory Arovas was lead defense counsel at trial.
