Apr 06

Media Focus on Sayles Werbner Following US Supreme Court Appearance

DALLAS – Sayles Werbner’s recent arguments before the U.S. Supreme Court in a patent infringement case on behalf of Commil USA are the focus of a new feature article from the publishers of Texas Lawyer newspaper.

The Commil v. Cisco case represents one of the highest-profile patent infringement claims in years to reach the Supreme Court. Attorney Jonathan David, formerly of Dallas, is Commil’s owner.

In “A Supreme Honor” (subscription required), the weekly legal newspaper details the oral arguments presented March 31 at the nation’s highest court in Washington, D.C. Sayles Werbner founders Mark S. Werbner and Richard A. “Dick” Sayles represented Commil in its claims against computer networking company Cisco Systems Inc. (NASDAQ: CSCO). Sayles Werbner attorneys Mark D. Strachan and Darren P. Nicholson also represented Commil.

The front-page Texas Lawyer story details the case’s oral arguments, which were presented by Werbner on behalf of Commil and former U.S. Solicitor General Seth Waxman on behalf of Cisco. This marked Werbner’s first appearance before the high court, while Supreme Court veteran Waxman, now a partner in Washington, D.C.’s Wilmer Cutler Pickering Hale and Dorr LLP, marked his 73rd appearance.

“It was both a challenge and an honor to argue before the Supreme Court on Commil’s behalf,” says Werbner. “Mr. Waxman is one of the most-experienced lawyers in the nation in terms of Supreme Court arguments, so we were up against a tough opponent. However, we are confident in Commil’s arguments and we hope the high court will agree with our view of the liability standard for induced patent infringement.”

The case reached the Supreme Court after another appellate court vacated a $74 million patent infringement judgment won by Sayles Werbner in 2011 against Cisco on Commil’s behalf. A jury appearing in the U.S. District Court for the Eastern District of Texas issued its multimillion-dollar verdict after determining that Cisco infringed a Commil patent used for wireless-transmission technology.

Cisco argued that it should not be held liable based on the company’s stated belief that the Commil patent was invalid. The high court is expected to issue its ruling in June.

Commil also is represented by Houston lawyers Leslie V. Payne, Nathan J. Davis and Miranda Y. Jones from Heim, Payne & Chorush. The cases are Commil USA LLC v. Cisco Systems Inc., No. 13-896, and Cisco Systems Inc. v. Commil USA LLC, No. 13-1044.

Sayles Werbner has an international reputation as a “go to” trial law firm in multifaceted business litigation, intellectual property, patent litigation, life-altering personal injury cases, product safety lawsuits and other areas of the law

<< Back to News Page