Notable Successes

Desmarais LLP won a $44.9 million verdict for IBM following a jury trial that found the video game developer Zynga Inc. had infringed two of its patents related to interactive services.
 
The verdict, issued September 13, 2024, concluded a weeklong trial in Delaware federal court. The jury found that Zynga infringed two of IBM’s patents (No. 7,072,849 and No. 7,702,719), and that the '849 patent infringement was willful.  The jury awarded damages totaling $44.9 million, before any potential enhancement for willfulness.   The verdict confirmed the strength and necessity of IBM's patents, which are the result of IBM's significant investment over the years.  In a prior lawsuit against Groupon involving the ‘849 patent, Desmarais LLP also secured an $82.5 million jury verdict for IBM.
 
“I am incredibly proud of the trial team, which showcased the next generation of our deep bench of trial lawyers,” said Tamir Packin, partner at Desmarais LLP and lead trial counsel for IBM.  Most of the direct and cross-examinations for IBM, as well as the arguments to the Court at trial, were conducted by associates.  
 
IBM, based in Armonk, N.Y., had sought a licensing agreement with the San Francisco-based Zynga since 2014 for the use of its patents, but Zynga refused to take responsibility and pay for its use of IBM's patents.  A spokesperson for IBM commented: “IBM is pleased with the jury verdict that recognizes Zynga’s infringement of IBM’s patents.”
 
Desmarais LLP’s trial team was led by Tamir Packin and included attorneys Tuhin Ganguly, Kyle Petrie, Sumeet Dang, Raymond Habbaz, Caitri Feddeler, Benjamin Rodd, and Michael Hilyard, as well as law clerk Molly Brown.

Managing IP - “Behind the case: How Desmarais secured ‘onerous’ $44.9m win for IBM” (subscription required)
Law360 - "IBM Wins $45M From Zynga In Gaming Patent Trial"
Reuters - “IBM wins $45 mln verdict against Zynga in internet tech patent trial”
Bloomberg Law - “IBM Wins $45 Million Over Zynga Games’ Infringing Two Patents” (subscription required)
The Recorder - "Desmarais Team Winis Nearly $45M Award for IBM in POatent Dispute with Zynga Games"

Molly Brown

Sumeet Dang

Caitri Feddeler

Tuhin Ganguly

Raymond N. Habbaz

Michael Kenneth Hilyard

Tamir Packin

Kyle G. Petrie

Benjamin Rodd