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Clients in the News


Gardere Attorney Peter Vogel quoted in E-Commerce Times article
Yahoo, Facebook Patent Case May End Without Fireworks
June 22, 2012 2:13 pm

E-Commerce Times:

A brewing patent dispute between Yahoo (Nasdaq: YHOO) and Facebook (Nasdaq: FB) may wind up being settled outside of the courtroom, according to court filings made this week by Yahoo's attorneys in the U.S. court for the Northern District of California, in which they also sought extensions to other filing deadlines.

The two companies are engaged in settlement negotiations, the filing said, adding that an extension might facilitate this process. District court Judge Jeffrey White approved the extensions.


Leaving this recent history aside, in general companies are smart to settle outside of court if they can, Peter S. Vogel, partner with Gardere Wynne Sewell, told the E-Commerce Times.

"In a settlement you have control over the outcome," he explained, "but when you go to court, sometimes you win for the wrong reasons and lose for the wrong reasons. By settling, you get rid of the risk."

Gardere Attorney Peter Vogel in E-Commerce Times article

Patent cases pose extra risks for companies if they go to trial, Vogel continued. Before such a trial, a federal judge holds a Markman hearing to interpret what the patent means.

"That becomes binding for the parties," Vogel said, and "oftentimes, the determination of the Markman hearing will dictate the outcome of the case."

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