Gianni Cutri, P.C.

Patent and IP Litigation

• Represented TriZetto and its parent company, Cognizant Technology Solutions, in a trade secret misappropriation, unfair competition and breach of contract matter case against Syntel, involving healthcare software systems. In the first in-person civil jury trial held in the Southern District of New York since the beginning of the COVID-19 pandemic, where all lawyer presentations and witness testimony were presented from inside a plexiglass enclosure in a specially modified courtroom, with jurors, lawyers and the presiding judge wearing masks, the Kirkland team secured a complete victory following a week-long jury trial in favor of TriZetto, which included an award of $855 million in damages. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.
• Lead counsel for EagleView Technologies in a nine-patent infringement case against a competitor in connection with a decade-long dispute. Led the defense of more than a dozen IPR challenges and confirmed the validity of 124 of EagleView’s 125 claims. At a subsequent trial, the jury returned a verdict in less than one hour in favor of EagleView on all counts, finding willful infringement and awarding $125 million in damages, which was more than the total amount requested by EagleView. The award was subsequently trebled to $375M. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.
• Wi-LAN v. Sharp, et al. (D. Del.): Lead counsel in successful defense of supplier of LCD televisions in multi-patent, multi-party litigation proceeding in the District of Delaware.
• Innovatio v. Cisco Systems, Motorola Solutions, NETGEAR, et al.: Defended suppliers of Internet wireless routing products in complex multi-district action concerning patents alleged to pertain to 802.11-standardized wireless technology. After a seven-day bench trial, the court determined that the plaintiff’s damages claim was limited to a FRAND rate of less than 10 cents for each accused Wi-Fi product and also found that plaintiff’s demands for damages of more than a billion dollars “lacked a credible methodology” and that the plaintiff’s case suffered from a failure of proof. The case was hailed as highly favorable to technology companies and consumers and received worldwide media attention including in the IPLaw 360 articles “FRAND Rulings To Rein In Standard-Essential Patent Demands” and “Judge Sets Low Royalty Rate For Essential Wi-Fi Patents.”
• Wi-LAN v. Intel, et al. and Wi-LAN v. Motorola, et al.: Defended world’s leading suppliers of Wi-Fi, WiMAX, Bluetooth and CDMA products in litigations brought in the Eastern District of Texas and the Northern District of California, involving 20 patents asserted against more than three dozen leading laptop, router and chip companies. Obtained summary judgment of no infringement on 16 asserted patents, as well as favorable rulings on claim construction for other asserted patents. Matter settled days before trial, shortly after plaintiff’s effort to delay its trial date was unsuccessful.

Data Security Matters

• Confidential counseling pertaining to incident response in the retail space.
• Confidential counseling pertaining to incident response in the B2B software space.
• Confidential counseling for market-leading client in the healthcare space regarding HIPAA and data security matters.
• Confidential counseling to educational services provider regarding incident response and data security matters.

Litigation

• IDX Systems Corp. v. Epic Systems, Corp., et al., 285 F.3d 581, 62 U.S.P.Q.2d 1278 (7th Cir. 2002): Obtained reversal of trial court’s summary judgment ruling against client on trade secret, tortious interference and breach of contract claims.
• Shuffle Master v. Awada (D. Nev. 2007): Obtained summary judgment of infringement on trademark and trade dress claims, and dismissal of defendants counterclaims.
• Lisa Whisby-Myers v. Kiekenapp (N.D. Ill. 2008): Represented pro bono plaintiffs in civil action asserting hate crime and civil rights violation. Secured $25,000 settlement.