many example of settlement just on the eve of Markman Hearing
in response to
by
Message: Any Settlement Notices?
U.S. District Court for the Northern District of Illinois
Represented Intel in patent declaratory judgment action involving fabrication modeling software. Case settled favorably just before Markman hearing.
In patent infringement action against competitor of client (life sciences company), obtained settlement on terms including defendants’ stipulation enjoining further patent infringement and payment of attorney’s fees and costs by defendants to client. Settlement came on eve of Markman hearing and following successful resistance of defense motions to dismiss and for summary judgment.
Keurig v. Kraft. Our client, Keurig, sued Kraft Foods for infringement of a Keurig patent directed to a type of cartridge for use in single-serve coffee brewers. We successfully opposed Kraft’s attempt to obtain summary judgment of invalidity and non-infringement. In October 2008, with just a week remaining before trial and significant pre-trial evidentiary motions pending before the Court, Kraft agreed to pay our client a lump sum of $17,000,000 for a limited, non-exclusive license.
EMC Corp. v. Columbia Data Products, Inc., (D. Ut.) (represented the defendant in a patent infringement suit involving computer memory process, settled case on the eve of trial with highly favorable settlement)
Karmann GmbH v. Dura Convertible Systems, Inc., No. 05-55927 (Bankr. E.D. Mich. 2006-2007) Defended Dura in a bankruptcy court adversary proceeding involving patent infringement claims relating to convertible tops for automobiles. Obtained settlement advantageous to Dura just prior to trial after successfully procuring an aggressive four month filing to trial “rocket docket.”
RFID Patent Litigation Intermec v. Symbol Corporation
Attorney/Firm: Bruce R. Zisser, attorney at Bright and Lorig LLP
Responsibilities: Worked as a potential testifying expert witness reviewing patents, patent prosecution
history, products for potential patent infringement, preparing reports on claim constructions, and preparations for
Markman Hearing.
Resolution: This case settled out-of-court in 2004 the day before the scheduled Markman Hearing after
Symbol agreed to sign a licensing agreement with Intermec.
Attorney/Firm: Bruce R. Zisser, attorney at Bright and Lorig LLP
Responsibilities: Worked as a potential testifying expert witness reviewing patents, patent prosecution
history, products for potential patent infringement, preparing reports on claim constructions, and preparations for
Markman Hearing.
Resolution: This case settled out-of-court in 2004 the day before the scheduled Markman Hearing after
Symbol agreed to sign a licensing agreement with Intermec.
Edge Capture v. Citadel Investment Group (N.D. Ill. 2007-2008)
Represented Citadel in patent infringement matter involving patents related to automated trading systems in electronic exchanges. Case settled before trial.
BISSELL Inc. v. Hoover (N.D. Ill. and W.D. Mich. 2006-2007)
Represented BISSELL in false advertising claims pending in federal court in Illinois and Michigan. Hired as lead trial counsel three weeks before preliminary injunction trial. Case settled night before opening statements.
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