Russ August & Kabat attorneys Marc A. Fenster, Jules L. Kabat, Alexander C.D. Giza, Adam S. Hoffman, Benjamin T. Wang, Michael S. Brophy, and Stanley H. Thompson, Jr. won a unanimous jury verdict of $11.6 million in favor of their client, Clear With Computers, LLC (“CWC”), on June 17, 2011.
CWC sued Hyundai Motor America, Inc. in the Eastern District of Texas for infringement of U.S. Patent No. 7,606,739, which relates to customized sales proposals. After a week-long trial, the jury found infringement of all asserted claims of the patent, and rejected Hyundai’s defenses of invalidity by anticipation, obviousness and inadequate written description. In addition, the jury awarded CWC more damages than the $10 million CWC requested in its closing arguments, awarding $11.6 million in damages through trial. Hyundai was represented by Gene C. Schaerr, Peter McCabe III, and John Moss of the international law firm of Winston & Strawn LLP, and Douglas R. McSwane, Jr. of Potter Minton P.C.