Morrison & Foerster Successfully Defends VMware Against a $110M Claim

06/14/2017

Arturo J. González and Michael A. Jacobs

Intellectual Property Litigation and Commercial Litigation

MoFo News Item

A team of Morrison & Foerster IP litigators led by Arturo González and Michael Jacobs prevailed on all counts for client VMware, Inc. in a June 12th jury verdict in the U.S. District Court for the Northern District of California. The jury handed down a unanimous verdict just a few hours after the close of the two-week-long trial.

The MoFo IP team successfully defended longtime firm client VMware against a $110M claim from Phoenix Technologies. VMware was accused by Phoenix of infringing Phoenix’s copyrights by breaching a licensing agreement for Phoenix’s “BIOS” software in VMware’s server virtualization products.

The agreement between the two companies was first signed in 1998 and amended six times up until 2005. At trial, the MoFo team successfully demonstrated that Phoenix was aware of how VMware was using the Phoenix BIOS over the entire period, but never raised a claim until late 2014.

The firm’s trial team was led by senior litigation partners Arturo González, chair of the Commercial Litigation and Trial Practice Group, and Michael Jacobs, co-chair of the Intellectual Property Practice Group. It also included litigation partner Alexis Amezcua, IP partner Diana Kruze, and IP associates Christopher Robinson and Christopher Wiener.

Phoenix Technologies Ltd. v. VMware Inc., case number 4:15-cv-01414, was heard by Judge Haywood Gilliam in the U.S. District Court for the Northern District of California.

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