Orrick Secures Summary Judgment for Defendants in Patent Infringement Suit

August.01.2013

Orrick secured summary judgment for its clients Fujifilm Corp., Konica Minolta, Inc., Ricoh Imaging Company, Ltd. and Sigma Corp. in a patent infringement action filed by Digitech Image Technologies LLC., a subsidiary of Acacia Research Corporation, among the nation's largest patent trolls.

Fujifilm, Konica Minolta, Ricoh Imaging and Sigma were among 45 digital camera companies and electronics retailers named as defendants in the case, filed in July 2012. Digitech accused the defendants of infringing what is referred to as the '415 patent - titled "Device profiles for use in a digital image processing system" - by manufacturing and selling digital cameras and other devices, including Fujifilm's FinePix camera line and Sigma's DP1 and DP2.

In granting Orrick's summary judgment motion, U.S. District Judge Otis D. Wright ruled that the asserted claims in Digitech's '415 patent were invalid because they do not address patentable subject matter.

Orrick IP partner Chris Broderick characterized the court's ruling as a "sound application of the law to a patent that sought to claim invention of an abstract idea, something the patent statute does not allow."

Orrick IP Group Co-Chair Steve Routh added: "Chris and the entire Orrick team worked with our clients to develop and execute a well thought through strategy to build a strong record to support summary judgment and then to invalidate the '415 patent at the earliest possible date. This allowed our clients not only to prevail but also to avoid large litigation costs."

In addition to the above defendants, Orrick also represented defendants Nikon, Panasonic, Canon, Olympus, LG Electronics, Best Buy, Target, MicroElectronics, and Overstock in the case. As a result of either the summary judgment ruling or earlier actions by the Orrick team, the Digitech case is now expected to be dismissed against all of these defendants as well.

The Orrick team included intellectual property partners Chris Broderick, David Case, Sten Jensen, Rich Martinelli, Bill Wright, Joseph Calvaruso and Steve Routh, as well as intellectual property associates Andrew Yen and Nick Lam.

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Steven J. Routh Partner, Intellectual Property, Japan

Washington, D.C.

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D:+1 202 339 8509
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Technology & Innovation Sector
Intellectual Property
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Steven J. Routh Partner

Washington, D.C.

Steve knows how to minimize risk while delivering a client’s business objective, either by defeating an opponent’s case in court or by negotiating the best possible settlement. His ability to pinpoint the argument that will resonate with each judge and jury has enabled him to protect cutting-edge technology involving medical devices, automotive components, telecommunications standards, digital and 3D imaging, guest engagement systems, and semiconductor devices and manufacturing processes. He has also used those same skills in litigating numerous antitrust, unfair competition, and complex tort and contract cases.

For the last 20 years, Steve has focused on guiding Japanese and other Asia-based companies through patent litigation before the U.S. District Courts, ITC and Federal Circuit. He is one of only two lawyers ranked in the Chambers Global guide for having Foreign Expertise in Intellectual Property for Japan. Steve consistently has been described as a “great negotiator who is excellent at creating litigation strategy.” Clients recently interviewed by Chambers also noted, “Steve is a really fantastic tactical thinker with good legal instincts. He is also very collaborative.” Other clients have stated that “his command of the law is evident in his ability to understand it and also apply it across a wide variety of situations,“ while still others have praised his ability to make “very quick and sound tactical decisions.”