Phoenix Technologies Ltd. v. VMware Inc.
Published: Dec. 1, 2017 | Result Date: Jun. 12, 2017 |Case number: 4:15-cv-01414 Verdict – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Michael A. Attanasio
(Cooley LLP)
Whitty Somvichian
(Cooley LLP)
Amanda A. Main
(Cooley LLP)
Andrew J. Koning
(Cooley LLP)
Aarti Reddy
(Cooley LLP)
Defendant
Arturo J. Gonzalez
(Morrison & Foerster LLP)
Michael A. Jacobs
(JAMS)
Alexandria A. Amezcua
(Morrison & Foerster LLP)
Christopher L. Robinson
(Morrison & Foerster LLP)
Christopher J. Wiener
(Morrison & Foerster LLP)
Facts
Phoenix Technologies Ltd. filed an infringement suit against VMware Inc.
Contentions
PLAINTIFF'S CONTENTIONS: Defendant allegedly infringed on plaintiff's "BIOS" software copyright and breached their licensing agreement.
DEFENDANT'S CONTENTIONS: Defendant contended that it did not breach the license, and therefore did not infringe plaintiff's copyright, and that plaintiff's knowledge and acquiescence with its practices for more than a decade amounted to a waiver to an infringement lawsuit.
Damages
Phoenix sought $110 million in damages.
Result
The jury rendered a defense verdict, finding that there was no infringement and that any infringement had been waived.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390