Partner John Desmarais has been selected as a 2019 Winning Litigator by The National Law Journal. He led Desmarais LLP’s representation of patent plaintiff IBM in an $82.5 million jury trial victory over Groupon.
During the two-week trial, Desmarais persuaded the jury that IBM’s four early-stage patents were foundational to the modern internet and continue to apply to e-commerce transactions today, even though some date back 30 years. The jury’s verdict, after just a few hours of deliberation, included a finding of willful infringement on all four patents. Groupon settled the litigation two months later in October 2018, agreeing to pay $57 million to license the patents.
In addition to the IBM victory, The National Law Journal highlighted Desmarais’s tips for success at trial:
1) The jury is comprised of regular people who make decisions based upon what they feel is the right thing to do, so plan your arguments to convince the jury to want to rule for you.
2) To be convincing, you must be convinced, so only advance arguments you truly believe.
Read The National Law Journal story
Desmarais LLP Shortlisted for 5 Managing IP Americas Awards
Accolades
Managing IP nominated Desmarais LLP for five 2019 Americas Awards. Desmarais LLP’s nominations include U.S. Patent Contentious Firm of the Year, Northeast Patent Contentious Firm of the Year, Plaintiff Firm...
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