Judge enhances damage award by 50 percent; considers permanent injunction
(East Palo Alto and San Diego, Calif.) – LAWFUEL – US Law, Law Jobs – DLA Piper US LLP recently extended its string of success in representing IMX, Inc., a leading provider of technology solutions for the mortgage industry, as Chief Judge Sue Robinson affirmed the jury verdict of willful patent infringement in IMX’s case against LendingTree, LLC, while also enhancing the damage award by 50 percent.
On January 23, 2006, following a two-week trial in the U.S. District Court of Delaware, a jury rendered a verdict finding willful infringement of IMX’s patent (U.S. Patent No. 5,995,947), which provides an Internet-accessible, interactive, real-time network whereby borrowers and lenders exchange information in the pursuit of securing a loan. IMX was awarded $5,794,400 in damages.
On Wednesday, January 10, in a 52-page opinion, Judge Robinson not only affirmed the infringement verdict but further enhanced the damages award by 50 percent, to $8,691,600, as well as awarding pre- and post-judgment interest. Judge Robinson also affirmed the validity and enforceability of IMX’s patent and remains open to considering permanently enjoining LendingTree’s infringement.
“We are thrilled with the court’s decision to affirm that LendingTree infringed on IMX’s patent and to increase the damages originally awarded,” said John Allcock, a patent litigation lawyer and co-chair of DLA Piper’s Technology, Media and Communication practice group, who led the trial team that represented IMX. “The DLA Piper team worked diligently to ensure a favorable outcome and we look forward to continuing to protect IMX’s intellectual property and bring closure to this matter.”
In addition to Allcock, who is based in the firm’s San Diego office, DLA Piper’s trial team included Elizabeth Day, William G. Goldman, Christine Kerba Corbett, Greg Lundell and Sal Lim, all of whom are patent litigation lawyers from the firm’s Silicon Valley office in East Palo Alto.
This latest victory is one in a series of significant IP wins for DLA Piper. The firm’s IP litigation attorneys have won an unprecedented 11 straight patent trials. In the last five years, the firm has won 16 of its last 17 patent trials.
Recently, the firm was victorious for Samsung Electronics Co. Ltd. in a patent dispute against Taiwan-based Compal Electronics Inc., manufacturer and distributor of notebook computers and computer peripheral equipment. Under the jury verdict, Samsung will receive $9 million for the infringement of U.S. Patent No. 5,333,273, which relates to the protected hot key function for microprocessor-based computer systems.
In October, DLA Piper represented CollegeNET, Inc., a leading provider of Internet solutions for higher education, in a dispute against Xap Corporation. At the conclusion of the nine-day trial in U.S. District Court, the federal jury awarded CollegeNET $4.5 million in damages related to unfair competition claims under the Lanham Act and $4 million after finding that Xap infringed on one of its patents.
The firm’s intellectual property practice offers clients comprehensive IP services, including patent, trademark and copyright litigation, patent prosecution, IP due diligence and strategic IP asset management. The firm has more than 425 IP attorneys globally and 220 IP attorneys in the U.S., ranking the group among the world’s largest IP practices. In the U.S. alone, DLA Piper’s Patent Litigation practice includes more than 80 lawyers. The firm has handled more than 150 patent cases in U.S. district courts and the ITC over the past three years.
About IMX, Inc.
IMX, Inc., based in Houston, Texas, is a leading provider of software solutions for the mortgage industry. IMX offers a comprehensive suite of workflow tools that enable mortgage lenders and originators to communicate and conduct business quickly and efficiently, online. All the company’s products deliver real-time, fully adjusted pricing to any user with browser access.
IMX is dedicated to helping mortgage professionals apply the efficiencies of Internet technology to their already-existing daily business processes. IMX’s innovative and patented pricing technology delivers unmatched product discovery for brokers and retail branches, and advanced web-enabled distribution channels for lenders. For more information about IMX, please visit www.imx.com or call (800) 401-4639 .
About DLA Piper
DLA Piper has 3,200 lawyers in 24 countries and 62 offices throughout the U.S., U.K., Continental Europe, Middle East and Asia. It has leading practices in corporate, finance, human resources, litigation, real estate, regulatory and legislative, tax, and technology, media and communications.