(May 3, 2011, Weil News)
Weil, Gotshal & Manges LLP successfully defended Apple Inc. in a section 337 litigation involving touchscreen technology brought before the U.S. International Trade Commission by Elan Microelectronics Corp. Elan sought to exclude from importation into the U.S. numerous Apple products, including all of Apple's laptops and Apple’s iPhone, iPad and iPod Touch product lines. The ITC launched its investigation in April 2010; the patent-in-suit is U.S. Patent Number 5,825,352 (“Multiple fingers contact sensing method for emulating mouse buttons and mouse operations on a touch sensor pad”). In an Initial Determination issued last Friday, the ITC’s Chief Administrative Law Judge, Paul Luckern, held that Elan failed to prove that Apple had infringed its patent and and that Elan had not established a domestic industry. Accordingly, Chief Judge Luckern found that Elan had failed to prove any violation of section 337 by Apple. That finding is now subject to possible Commission review.
Elan had initially filed a complaint asserting infringement of the '352 and other patents in the Northern District of California in April 2009. Apple counterclaimed, asserting that Elan infringed multiple Apple patents. That action is still pending.
The Weil team was led by Litigation partners Matt Powers, Jared Bobrow, and Mark Davis and included counsel Adrian Percer, and associates Sonal Mehta, Derek Walter, Mike Franzinger, Robert Vlasis, Stefani Smith, and Nathan Greenblatt.