Top Defense Verdicts -- Fujitsu Ltd. v. Belkin International Inc. et al

In Fujitsu Ltd. v. Belkin International Inc. et al, it was up to lawyers from Winston & Strawn LLP, Reed Smith LLP, and the Law Offices of Christine Yang to collaborate to invalidate a patent that might have changed the entire computer electronics industry.

"If [Fujitsu] had won on two issues - validity of patent and liability of direct infringement - just about every laptop manufacturer and every router and access point manufacturer would have potential liability if they used a plug-in WiFi card," said Los Angeles-based Winston & Strawn LLP partner David P. Enzminger, who led the Winston team for Belkin.

In the suit, Fujitsu had alleged willful patent infringment against Belkin, Netgear, and D-Link Corp./D-Link Systems Inc., claiming Fujitsu had invented wireless networking roughly 20 years ago, and that subsequent WiFi plug-in cards infringed its technology. Enzminger said he could only speculate that the three companies were targeted because of their smaller size instead of market leaders such as Cisco Systems Inc.

To win the case, Enzminger teamed with San Francisco-based Reed Smith partner John P. Bovich, who represented Netgear, and Duncan M. Palmatier, who advised D-Link as of counsel for the Law Offices of Christine Yang.

"It was a great collaboration between the firms on so many of the issues," Bovich said.

The three worked together to invalidate the patent claim, which Palmatier said "seemed to have nine lives," noting its prosecution in 1992, reissued prosecution, and re-examination from 2004 to 2009 and from 2010 to 2012.

They argued that each of their clients sought outside counsel when Fujitsu sent letters of notice regarding the patent's validity, and that each company received the same advice: the patent was invalid. This argument was crucial, and persuaded the jury, which deliberated only three hours after a 3-week trial.

Fujitsu was represented by San Francisco-based Covington & Burling LLP partner Robert B. Fram, who could not be reached for comment.

- DAVID RUIZ

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