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Press Release

Morgan Lewis Succeeds for ActiveVideo in Federal Circuit Ruling

August 28, 2012

Palo Alto, CA, August 28, 2012: The United States Court of Appeals for the Federal Circuit on Friday upheld an award of $260 million or more in the patent infringement suit ActiveVideo Networks, Inc. v. Verizon Communications, Inc. et al.

The Court of Appeals affirmed both the original jury award from the United States District Court for the Eastern District of Virginia, as well as subsequent interest and royalties awarded by Judge Raymond A. Jackson of the District Court. The Court also remanded to the District Court calculation of an ongoing per-subscriber royalty, should an analysis of Verizon's current FiOS system reveal continued infringement of ActiveVideo patents.

The Court of Appeals upheld the jury finding of infringement of three key ActiveVideo patents, while reversing the infringement finding on a fourth patent, and affirmed the District Court's ruling that the ActiveVideo patents are not invalid. Even though the court reversed on one of the four patents found to infringe, the Court of Appeals held that there should be no reduction in the amount of damages, affirming the full measure of damages awarded by the jury and all subsequent monetary awards by the District Court.

The Morgan Lewis team representing ActiveVideo was led by Litigation partner Thomas M. Peterson, IP Litigation partners Daniel Johnson, Jr. and Michael J. Lyons, along with partners Dion M. Bregman, Brett M. Schuman, and Nathan W. McCutcheon; IP senior attorney David M. Morris; IP of counsel MaryJane Boswell; as well as associates Ahren C. Hsu-Hoffman, Jason E. Gettleman, Michael F. Carr, Efrain Staino Flores, Jeremy Peterson, Jacob A. Snodgrass, and Lorraine M. Casto.

For more information or to speak with one of the lead lawyers for ActiveVideo, please contact us.