VMware secured a $1.6 million award of attorneys’ fees after obtaining summary judgment of non-infringement for VMware in a patent litigation brought by Route1, Inc.
Route1 had alleged that VMware’s Workspace ONE products infringed its patent covering formation of peer-to-peer network connections.
Sitting by designation, Third Circuit Judge Kent A. Jordan determined that Route1’s infringement position was based on an “illogical” claim construction for the key “instruction” limitation. That position was inconsistent with the limitation’s plain meaning, the specification, and Route1’s representations to the U.S. Patent and Trademark Office. Judge Jordan held that Route1’s unreasonable position satisfied the exceptional case standard under 35 U.S.C. § 285 and warranted awarding VMware attorney’s fees.
“We strongly believed that the case lacked merit from the start, and it was gratifying that Judge Jordan validated our belief,” said Danielle Coleman, senior litigation counsel, VMware. “We are proud of the work Morrison & Foerster did on behalf of VMware.”
VMware was represented by Morrison & Forrester led by partners Michael Jacobs, Rich Hung, Bita Rahebi, and Diek Van Nort; of counsel Jayson Cohen; and associates John Lanham, Matt Callahan, Karina Pundeff, and Yuqing Cui.