Foley’s IP Litigation team secured a jury trial victory in the Eastern District of Texas for client Carbonite, one of the defendants in Oasis Research, LLC v. Adrive, LLC, et. al. During discovery, the Foley team recognized a potential co-inventorship issue that allowed the firm to secure a separate trial on just the co-inventorship matter, along with separate trials on the remaining issues in the case. The jury found that an inventor had been improperly left off the patents, and declared the patents to be invalid.
Carbonite was one of 18 original defendants sued for alleged infringement of four patents in the Eastern District of Texas in 2010 by the plaintiff, Oasis Research, LLC, a non-practicing entity that was formed for the purposes of enforcing the patents.
At trial and with other attorneys in the joint defense group, the Foley team's opening and closing remarks and cross-examination of the single named inventor were pivotal to the successful trial outcome. The team met the "clear and convincing" burden of proof and overcame the presumption of patent validity.
The Foley team was led by Matthew Lowrie and included Kevin Littman, Matthew Ambros, Ellen Wong, Christine Tierney, and Kevin McDonough, with further support provided by Aaron Moore, Ruben Rodrigues, Dana Willis and Janai Matt.