It was announced earlier this week that Fish & Richardson claimed a $56.9 million judgment for its client SRI International: it doubled the earlier jury award of $23.7 million and added a $1.6 million prejudgment interest and $8 million in attorney’s fees and expenses.
The case was SRI International and Cisco Systems, Inc, began in Septemeber 2013, and was heard this time in Delaware Federal Court on May 25th, 2017 by Judge Sue Robinson.
The original case unanimously decided the San Jose-based Cisco willfully infringed the patents with its network intrusion prevention products and failed to prove the patents were invalid. They decided $23.7 million was a reasonable royalty to compensate the nonprofit research institute for the infringement. SRI’s patents cover technology for monitoring computer networks and identifying intruders and suspicious activity.
Fish filed the case for SRI, which is an independent, not-for-profit research institute that conducts client-supported research and development for government agencies, commercial businesses, foundations, and other organizations, against Cisco in 2013. Fish also represented SRI in successfully enforcing these same patents in an earlier lawsuit in September 2008; a verdict that was later upheld at the Federal Circuit.
Fish principals Frank Scherkenbach and Howard Pollack were lead counsel for SRI. Principals Susan Morrison and David Hoffman were also key members of the trial team.
In making her decision on willfulness and fees, Judge Robinson found “that Cisco pursued litigation about as aggressively as the court has seen in its judicial experience. While defending a client aggressively is understandable, if not laudable, in the case at bar, Cisco crossed the line in several regards.” She added, “Cisco’s litigation strategies in the case at bar created a substantial amount of work for both SRI and the court, much of which work was needlessly repetitive or irrelevant or frivolous.”