For the second time in a month, I have the pleasure of congratulating my cocounsel on a victory at trial in a patent case in the Eastern District of Texas. Friday afternoon a Tyler jury in Judge Leonard Davis' court returned a verdict in favor of plaintiff Soverain Software against defendants Avon and Victoria's Secret, awarding $17.9 million ($1 million less than the plaintiff asked the jury for against Avon and the same amount asked for against Victoria's Secret). The jury received the case just after noon, and reached a verdict around 1:45 pm. All asserted claims were found infringed and the jury declined to find any of the asserted claims anticipated or obvious by clear and convincing evidence. (An article on the verdict can be found here).
My cocounsel representing Soverain were led by Dave Nelson of Quinn Emanuel's Chicago office, with Robert Wilson, Anastasia Fernands, Kate Cassidy and Carlos "Snap" Rodriguez of the New York office and I taking witnesses as well, with world class support (and pretty darn good demonstratives) from other QE attorneys and support staff. (I also provided expert local analysis on football metaphors).
On a personal note, this was my second consecutive trial (1) picking the jury; (2) winning; and (3) being the oldest lawyer at counsel table. I also got to question the Victoria's Secret representative on my 15th wedding anniversary this week - alas it was nowhere near as exciting as it sounds.
Interestingly, it was also my second consecutive trial where the party using the least amount of time won. Last month defendant Pier 1 won after using 8 1/2 hours to the plaintiff's 14 1/2 hours, and this month plaintiff Soverain won after using 9:12 to the defendants' 10:46. The parties started out with 12 hours per side, and were able to give Judge Davis back four hours from that. (And under the "small world" category, Quinn Emaunel was the law firm on the other side in our win in Judge Davis' court in February on behalf of Acqis against IBM.).
If Soverain sounds familiar, it is because it was on the winning side of an infringement case in Judge Davis' court last spring against Newegg. In that case the jury found for the defendant on direct infringement, for Soverain on indirect and $2.5 million in damages.
Once again, congratulations to Soverain and the Quinn Emanuel lawyers on a great job and a big win, but after a week in a Tyler hotel, it was good to get back home last Friday night - especially since I missed my 15 year anniversary during trial...
P.S. My luck held through the weekend, with Baylor beating OU Saturday, and Dallas ekeing out a win against the Redskins, followed by the Giants dropping one to the Eagles. Our three boys even brought home improved report cards, so life was good around the Smith household this weekend.