July.13.2020
Siding with the arguments of an Orrick appellate and IP litigation team, the Federal Circuit Court of Appeals on July 10 upheld an International Trade Commission (ITC) finding in favor of our clients Robert Bosch and Foxconn in a long-running patent dispute with J.S.T Corporation.
J.S.T. alleged in the ITC that Bosch and Foxconn infringed a J.S.T. patent related to an electrical connector used in General Motors vehicles. IP partners Bas de Blank and Jordan Coyle led the Bosch and Foxconn effort in the ITC, which found all of the asserted claims both invalid as anticipated and not infringed by the Bosch and Foxconn products.
On appeal, an Orrick appellate team led by partner Mark Davies won again in the Federal Circuit, which affirmed the ITC’s decision on both grounds (non-infringement and invalidity).
The case had significant ramifications for GM’s ability to manufacture vehicles in the United States, and also required our team to overcome difficult odds in the ITC, where complainants such as J.S.T. have recently prevailed in 75% of ITC investigations that reach a final determination by the commission.
In addition to the Federal Circuit decision, Foxconn prevailed on July 13 in a second, separate appeal brought by J.S.T. in the Seventh Circuit. J.S.T. had sued a number of Foxconn entities for trade secret misappropriation in the Northern District of Illinois. An Orrick IP litigation team led by Bas de Blank moved to dismiss the case for lack of personal jurisdiction. The district court granted that motion and J.S.T. appealed to the Seventh Circuit.
On appeal, the trial team was joined by an Orrick appellate team led by partner Brian Goldman, who argued the case and convinced the Seventh Circuit to affirm the district court’s decision. The decision is particularly significant because it addresses the applicability of the “stream of commerce” theory of personal jurisdiction and distinguishes between trade secret, patent, and product liability cases.
In addition to Bas, the IP litigation team on the Seventh Circuit matter included Don Daybell, Johanna Jacob and Donna Long. In addition to Brian, the appellate team included associates Rachel Shalev and Benjamin Chagnon.
In addition to Mark, Bas and Jordan, the Orrick team in the Federal Circuit case included partner Christopher Higgins and associates Katherine Kopp, Alexandra Bursak, Matthew Shahabian and Michael Chow. Mark Wine, Don Daybell, Johanna Jacob, Joe Chern and David Medina have also contributed to this multi-year litigation effort.