April 11, 2011 by Dave Moore at 4:55:35 pm
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Justice is even sweeter the second time around for Dallas attorneys Richard A. “Dick” Sayles and Mark S. Werbner.
A little less than a year after winning a patent infringement verdict for client Commil USA in a hotly contested trial in the U.S. District Court for the Eastern District of Texas, the co-founders of Sayles Werbner got a second bite at the litigation apple when the trial court in Marshall decided that the original $3.7 million verdict may have been influenced by prejudicial comments made during the trial by a defense lawyer.
On April 8, following the new trial, a different East Texas jury awarded Commil $63.8 million for damages based on Cisco’s infringement of Commil’s patented wireless technology. The new verdict eclipsed the prior award by more than $60 million.
The Bloomberg news service quotes Sayles as saying: "We know this new award more truly reflects our client's significant damages as a result of Cisco's infringement. This verdict further validates Commil's valuable patented technology."
The Commil technology in U.S. Patent No. 6,430,395 (the '395 patent) allows wireless devices to move from point to point on a computer network without signal interruption. Prior to this innovation, network users experienced frequent signal disruptions resulting in data losses, dropped calls and other errors. Commil filed the lawsuit after discovering that the company's patented technology was being used by a Cisco subsidiary to produce its own Wi-Fi product line.
Cisco has already announced that the company is appealing the latest verdict, and one would have to believe that there are more than 60 million reasons why you won’t hear anyone from Cisco making prejudicial comments during the appellate arguments.
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