Desmarais LLP earned a defense win for Apple securing a jury verdict of noninfringement that eliminated $361 million in patent damages claims in a lawsuit brought by Identity Security LLC, a non-practicing entity.
The lawsuit had alleged patent infringement based on the microprocessor information used in the “Secure Enclave” hardware in Apple’s Face ID, Touch ID, and passcode security features, which encrypt the device owner’s identity. Following a weeklong trial, a federal jury in Austin, Texas found on October 4, 2024 that Apple's hardware did not infringe Identity Security’s four patents (Nos. 7,493,497; 8,020,008; 8,489,895; and 9,507,948).
“We’re very pleased with the jury’s verdict. This across-the-board noninfringement finding reinforces the originality of Apple’s technology and confirms that its hardware did not infringe these patents,” said John Desmarais, partner at Desmarais LLP and lead trial counsel for Apple.
The lawsuit was filed in the Western District of Texas in May 2021. Prior to trial, Desmarais LLP successfully challenged Identity Security’s expert testimony with the court ruling in favor of Apple’s Daubert motion on April 25, 2024. This key victory excluded Identity Security’s expert testimony from the trial, which had formed the basis of its damages theory.
The Desmarais LLP trial team included attorneys John Desmarais, Cosmin Maier, Leslie Spencer, Kerri-Ann Limbeek, Michael Wueste, Jun Tong, William Vieth, Asim Zaidi, and Gillian Moore.
Law360 – “Apple Doesn't Infringe Digital Identity Patents, Jury Finds” (subscription required)
Bloomberg Law – “Apple Defeats Patent Lawsuit in Texas Over iPhone Security” (subscription required)
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