United States: McDermott Represents Intergraph in $141 Million Global Patent Settlement
Last Updated: January 27 2005

PALO ALTO, CA (January 25, 2005) — On January 21, 2005, McDermott Will & Emery client, Intergraph Corporation, announced a global patent settlement with Hewlett-Packard (HP) resolving multiple suits between the parties and awarding Intergraph $141 million. The settlement provides for the dismissal of all pending legal actions between Intergraph and HP and patent cross-licenses.

This settlement resolves six patent cases being handled for Intergraph by McDermott Will & Emery. These cases began in 2002 when Intergraph sued HP, Dell and Gateway for infringement of various microprocessor patents. HP responded by filing countersuits in Germany, California, Texas and Delaware. In April 2004, Intergraph once again sued HP on a patent covering high-availability server architecture.

The global settlement follows a significant trial victory for Intergraph in Germany. On April 1, 2004, HP sued Intergraph in Mannheim, Germany, alleging infringement of two patents. In November 2004, the District Court in Mannheim entered a judgment of non-infringement on all counts, dismissed HP’s claims and awarding all costs to Intergraph. The victory was critical due to the fact that it was the first trial between the parties, with two affirmative Intergraph cases to follow.

"Our ability to put together teams in multiple jurisdictions, covering multiple technology areas was a significant advantage for our client. We nullified the effect of HP’s countersuits, enhancing the value of Intergraph’s affirmative cases," said McDermott’s Steve Akerley, global lead counsel for the company.

The Intergraph global intellectual property litigation team was led by McDermott partners, Steve Akerley, Bijal Vakil and Shamita Etienne and involved a multidisciplinary cross-border team of lawyers in California, Germany and Washington, D.C. Munich partner Boris Uphoff successfully tried the German case.

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