Smartflash LLC matter against Apple, Samsung, HTC, Google and Amazon
Lead trial lawyer for Smartflash in its patent infringement actions involving Smartflash’s data storage and access system patents, which are alleged to be infringed by various devices and functionality involved in the operation of Apple’s iTunes Store and App Store, Google Play, and the Amazon Appstore. In February 2015, following the first trial in these matters, a jury found that Apple willfully infringed Smartflash’s patents with its iPhone, iPad, and iPod Touch products after finding that the patents were not invalid. The jury awarded Smartflash $532.9 million compensatory damages. The trial court later upheld the liability finding and set aside the damages amount. The case is under appeal.
VirnetX Inc. v. Apple Inc.
Lead trial counsel for VirnetX in ongoing litigation against Apple regarding Apple’s infringement of VirnetX’s network security patents through Apple’s Facetime, iMessage, and VPN on Demand features. Brad and others originally tried the issue of infringement by Facetime and VPN on Demand to a jury in 2012, and the jury concluded that the patents were valid and infringed before awarding VirnetX $368.2 million in damages. On appeal, the U.S. Court of Appeals for the Federal Circuit affirmed that Apple infringed VirnetX patents and that the patents remain valid. The case has been remanded to the district court for further proceedings on infringement and damages.
The subsequent retrial in 2016 resulted in a verdict for $625 million in favor of Mr. Caldwell's client, VirnetX.
Dr. Robert Morley v. Square Inc.
Representation of Washington University in St. Louis Professor Robert Morley in his claims against Square, Inc., Jack Dorsey, and Jim McKelvey for patent infringement and breach of fiduciary duty, misappropriation of trade secrets, exclusion of Dr. Morley from Square, and related business torts after Dr. Morley invented the famous Square credit card reader and helped create the company. Brad also represents Dr. Morley in related inter partes review (IPR) proceedings before the Patent Trial and Appeal Board. The court case is pending in the Eastern District of Missouri and is set for trial in 2016.
VirnetX Inc. v. Microsoft Inc.
Trial counsel for VirnetX in two patent infringement actions against Microsoft involving VirnetX’s network security patents. Brad and the others on the team inherited the first Microsoft case from another law firm after the close of discovery and with relatively little time to prepare for trial, but they were nevertheless successful. The jury found Microsoft willfully infringed the VirnetX patents and determined that the patents were valid before awarding $105.8 million in favor of VirnetX. The case then settled while VirnetX’s request for a permanent injunction was pending. In a subsequent matter involving additional allegations of infringement by Microsoft, Microsoft settled with VirnetX before trial.
Summit 6 LLC v. Samsung Electronics Co. Ltd., Facebook Inc., et al.
Ongoing representation of Summit 6 in a patent infringement action involving patents that cover the processing (e.g., compression or resizing) of images prior to transmission. Facebook, Blackberry, and Photobucket settled before trial. Samsung did not, and the dispute went to trial. In early 2013, a jury found in favor of Summit 6 on infringement and validity and awarded $15 million as compensation for Samsung’s infringement. The district court’s judgment was affirmed by the Federal Circuit in September 2015.
Medtronic Inc. v. Boston Scientific Corp.
Successful representation of Medtronic while at his former firm in multiple patent infringement actions involving coronary catheterization, stent design, and drug-eluting stent technology pending in the U.S. District Court for the Eastern District of Texas and elsewhere. He helped Medtronic win a $250 million patent infringement verdict against Boston Scientific. The lawsuit settled after judgment was entered by the district court.
Wyeth and Cordis Corp. v. Medtronic Inc., et al.
Successful defense of Medtronic in a patent infringement lawsuit in the U.S. District Court for the District of New Jersey while at his former firm. Local companies Wyeth and Cordis accused Medtronic of infringing patents pertaining to the use of the drug rapamycin (now commercially known as sirolimus) to treat restenosis—re-narrowing of an artery following an angioplasty procedure. The district court granted Medtronic’s motion for summary judgment, which invalidated the asserted patents and resulted in a complete victory.
Halliburton Energy Services Inc. v. BJ Services Corp.
Successful representation of Halliburton in an arbitration proceeding against BJ Services Corporation (now a part of Baker Hughes, Inc.) in a case involving the alleged infringement of three Halliburton hydraulic fracturing patents. Brad handled this case at his former firm.
i2 Technologies Inc. (now JDA Software Group) v. Oracle Corp.
Successful representation of i2 Technologies in a patent infringement action involving supply-chain planning and application-management patents while at his former firm. The parties reached a settlement agreement after the pretrial conference and before the beginning of trial.
JPMorgan Chase & Co. v. Affiliated Computer Services Inc.
Successful defense of ACS in a patent infringement lawsuit brought by JPMorgan Chase in the District of Delaware, focusing on three stored-value card patents asserted by JPMorgan. Before the close of discovery, JPMorgan unilaterally dropped all three of those patents from the lawsuit in the face of compelling noninfringement, invalidity, and inequitable conduct defenses developed by Brad and fellow counsel when he was with his former firm.