Robert F. Kramer

Burlingame • Intellectual Property

Robert F. Kramer, a seasoned Partner at Kramer Alberti Lim & Tonkovich LLP, has made a substantial impact, particularly in plaintiff's patent litigation.

One of his most significant victories was securing a $172.6 million jury verdict against Micro Focus Corp., setting a record as the largest in the history of the Sherman Division of the U.S. District Court for the Eastern District of Texas.

Before his current role, Kramer led the Patent Litigation Practice at Dentons, the world's largest law firm, making waves in the legal community and garnering widespread recognition.

In another matter, he established that AT&T and its affiliate DirecTV infringed on streaming media patented technology. Broadband iTV, Inc. v. AT&T Services, Inc. et al., and DirecTV, Inc., 1:20-cv-00717 and 6:19-cv-00714 (W.D. Tex., filed Dec. 17, 2019 and Dec. 19, 2019).

The case was settled on confidential terms, reflecting a significant win.

In another matter, The Regents of the University of Michigan v. Leica Microsystems, Inc., Kramer represented the University of Michigan to defend a patent on laser microscopes. The case set an important precedent, emphasizing that private companies cannot wrongfully claim credit for patented inventions developed by universities.

In the Wapp Technologies, LLC v. Micro Focus, Inc. case, Kramer also demonstrated his ability to take over from another firm as lead counsel and secure a $172.5 million verdict for willful infringement against a major public company.

"This was an important case demonstrating that large public companies are responsible for their actions and will be held accountable for misappropriating smaller companies' patent technologies if they do not act responsibly in their product development," Kramer said. "This plaintiff's verdict was the largest verdict in the history of the Sherman Division courthouse in the Eastern District of Texas."

An emerging trend that Kramer notes is the proactive stance taken by universities in filing patent infringement cases.

"We see a trend wherein large and highly respected public and private universities are affirmatively filing patent infringement cases requiring that private companies act responsibly and pay a fair royalty and seek permission if they are using R&D developed by the universities," Kramer said. "This is the responsible way for companies to conduct themselves, but unfortunately, universities are having to turn to our firm to enforce their patent rights against infringers in the federal courts throughout the country."