Continuous Composites Wins $17 Million in Damages in Patent Infringement Trial

2 minute read | April.16.2024

Siding with an Orrick trial team, a federal jury in the U.S. District Court of Delaware unanimously found for client Continuous Composites Inc. in a patent infringement case against Markforged, Inc.
The jury found that Markforged infringed Continuous Composites’ patent by selling infringing 3D printers. The jury awarded $17 million in past damages for sales of continuous fiber printers, finding that Markforged infringed on one of Continuous Composites’ foundational patents, U.S. Patent 11,173,660, and rejecting Markforged’s argument that it invented it first.
The jury awarded over $17 Million in past damages for sales of the infringing Markforged products from November 16, 2021 through December 31, 2023.In post-trial proceedings, Continuous Composites, a leader in the development and sale of 3D printing technology for advanced composites, will ask the Court to set a rate for ongoing royalties for Markforged’s infringement by sales of infringing printers from 2024 through 2033.

“We are thankful for the jury’s diligence in recognizing Markforged’s infringement and our prior rights to Continuous Composites’ foundational patents. It confirms the value of our technology that the team has been working hard on since 2012, and we are committed to protecting our patents from those who wrongfully use them,” stated Steve Starner, CEO at Continuous Composites.

The Orrick team was composed of partners Rob Shwarts, Christopher Higgins, Vann Pearce and associate Rose Sun.

Related Lawyers

Robert Shwarts Partner, International Arbitration & Dispute Resolution, Trade Secrets Litigation

San Francisco

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D:+1 415 773 5760
E: [email protected]

Practice:

Technology & Innovation Sector
International Arbitration & Dispute Resolution
Trade Secrets Litigation
Employment Law & Litigation
Complex Litigation & Dispute Resolution
Intellectual Property

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Robert Shwarts Partner

San Francisco

He represents plaintiffs and defendants in complex trade secret misappropriation cases and has conducted numerous TRO and preliminary injunction hearings in aid of these cases. His practice also includes counseling relating to trade secrets misappropriation and non-compete/non-solicitation agreements.

Rob has broad experience in commercial litigation, having litigated claims of securities fraud, lender liability, breach of contract, breach of fiduciary duty, breach of warranties, claims arising from securitization transactions and other business fraud.

Rob's experience in employment-related litigation includes defending claims of discrimination, wrongful discharge, retaliation, sexual harassment and breach of contract. His practice also includes counseling relating to trade secret misappropriation and non-compete/non-solicitation agreements.

U.S. and international clients with significant California presence turn to Rob to represent them in complex matters, including numerous financial services companies. He handles both jury and bench trials, as well as AAA, JAMS and FINRA (formerly NASD and NYSE) arbitration hearings.

Rob serves as the chair of the Firm’s Practice Management Committee, and is a member of the firm’s Risk Management Committee. Rob previously served as head of the San Francisco office. Rob contributes pro bono hours to the Humane Society and Point Blue Conservation Science each year.

Christopher Higgins Partner, Patents, 3D Printing

Washington, D.C.

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D:+1 202 339 8418
E: [email protected]

Practice:

Technology & Innovation Sector
Patents
3D Printing
U.S. International Trade Commission
Life Sciences & HealthTech
Intellectual Property
Inter Partes Review (IPR)
IP Counseling & Due Diligence

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Christopher Higgins Partner

Washington, D.C.

Chris has developed a global reputation as an authoritative source on legal issues in 3D printing, and has been a featured speaker at 3D printing events around the world. His 3D printing practice includes advising startups and established 3D printing companies on all aspects of intellectual property law, cybersecurity, and technology transactions. Chris helps 3D printing clients grow their businesses and capitalize on market opportunities and represents them in court to defend or enforce IP rights. Chris' 3D printing work extends beyond the courtroom; he teaches a course at Penn State University as part of its Masters of Engineering in Additive Manufacturing and Design program.

Chris' patent litigation and IPR practice also covers a wide range of other technologies including graphics processing, digital image processing and printing, semiconductor devices and semiconductor manufacturing, data encryption, high-definition television, digital content recognition, and medical devices. Chris has also assisted clients with licensing and patent prosecution related to 3D printing, digital imaging, wireless technology, mobile communication devices, encryption, high-definition television and medical devices.

Prior to law school, Chris worked in the patent department of a medical device company and as an engineer designing electronic components for missiles, projectiles, and bombs.

T. Vann Pearce, Jr. Partner, Patents, 3D Printing

Washington, D.C.

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D:+1 202 339 8696
E: [email protected]

Practice:

Technology & Innovation Sector
Patents
3D Printing
Intellectual Property
U.S. International Trade Commission
Inter Partes Review (IPR)
Automotive Technology & Mobility

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T. Vann Pearce, Jr. Partner

Washington, D.C.

Vann litigates in forums throughout the country. He has won several inter partes review proceedings before the Patent Trial and Appeal Board. He has secured favorable jury verdicts in Federal and state courts in Delaware, Florida, Maryland, and Texas. Multiple wins on behalf of his clients at the U.S. International Trade Commission in Section 337 investigations have earned recognition with “Disputes Deal of the Year” awards. And he has crafted winning strategies and briefs in precedent-setting Federal Circuit appeals.

A chemical engineer by training, Vann is a member of the Patent Bar. His representations involve a broad range of technology fields, including semiconductors, artificial intelligence, consumer electronics, 3D printing, automotive technologies, digital imaging, cryptocurrency, and batteries. His clients are based worldwide, including a significant portion from Japan and China. Vann frequently travels to Asia to speak on key developments in intellectual property law.

Patent infringement litigation is central to Vann’s practice, but he also has handled breach of contract, trade secret misappropriation, antitrust, tortious interference, false advertising, civil theft, and bankruptcy matters. Many of his matters involve a complex mix of claims and counterclaims across legal disciplines, where he employs his strategic judgment to navigate competing risks.

While his practice focuses on litigation and dispute resolution, Vann also advices clients on patent licensing, portfolio development, and intellectual property due diligence. Vann co-founded Orrick’s cross-practice 3D printing initiative.

Vann has served the Firm in key leadership roles. In 2022-2023, Vann served as the Chief Practice Officer for the firm's IP & Litigation Business Units, which comprise nearly 400 attorneys globally. His responsibilities included oversight of the units' financial performance, business planning and execution, and lawyer recruiting. Vann also previously served as the firm’s U.S. Law School Hiring Partner, overseeing entry-level hiring nationwide.