AmLaw Litigation Daily honored a Covington team with a “Litigator of the Week Shout-Out” for getting a key invalidity ruling for Samsung in a long-running patent infringement case brought by Satius Holding Inc. U.S. Magistrate Judge Christopher Burke in Delaware found that Samsung had shown that the claim term “transmitting electric or electromagnetic signals over air” in the plaintiff’s patent for a coupler for wireless communications was indefinite rendering all the asserted claims invalid.
In its Opinion, the Court noted the Covington team’s hard work in vigorously litigating the invalidity (indefiniteness) issue at the claim construction stage:
This is an instance where, in the Court’s view, it is appropriate to resolve the definiteness dispute at the claim construction stage. Despite having multiple opportunities to bring further clarity to the record, Plaintiff did not do so during the briefing process (including the supplemental briefing process), nor during the Markman hearing. In contrast, Defendants set out their position clearly and supported it with expert testimony. (citation omitted)
The Covington team included Richard Rainey, Brian Bieluch, Jared Frisch, Paul Wilson, Patrick Flynn, Kaveh Saba, Teresa Lewi, and Steven Fisher.