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Intellectual Property
Copyright Infringement
Breach of Contract

Phoenix Technologies Ltd. v. VMware Inc.

Published: Dec. 1, 2017 | Result Date: Jun. 12, 2017 |

Case number: 4:15-cv-01414 Verdict –  Defense

Judge

Haywood S. Gilliam Jr.

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)

Diana B. Kruze

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.


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