Mark Werbner Wins U.S. Supreme Court Ruling for Commil USA

Mark Werbner Wins U.S. Supreme Court Ruling for Commil USA

DALLAS – Attorney Mark Werbner and his associates have won a U.S. Supreme Court ruling for client Commil USA in one of the highest-profile patent infringement cases to reach the nation’s highest court in years.

Werbner and colleagues Richard A. “Dick” Sayles, Mark D. Strachan, and Darren Nicholson represented Texas-based Commil in the long-running lawsuit against computer networking giant Cisco Systems Inc. (NASDAQ: CSCO). The team argued the case before the Supreme Court on March 31.

“Today’s ruling means Cisco and other companies can’t avoid infringement liability simply by arguing that they didn’t think a patent was valid,” says Sayles.

In 2011, Werbner and his associates won a $74 million patent infringement judgment for Commil after jurors in the U.S. District Court for the Eastern District of Texas found that Cisco infringed U.S. Patent No. 6,430,395, which is used in wireless-transmission technology.

The U.S. Court of Appeals for the Federal Circuit vacated the judgment based on Cisco’s argument that it had a good faith belief that the contested patent was invalid. The controversial Federal Circuit ruling was criticized for creating a new patent infringement defense that had no basis in law and conflicted with the U.S. Patent Act.

“We are pleased with the Supreme Court’s ruling, which protects patent owners against those who induce infringement of their patents,” says Werbner. “This decision restores the common-sense notion that patents approved by the U.S. Patent and Trademark Office are presumed valid.”

In addition to Werbner, Commil is represented by attorneys Leslie V. Payne, Nathan J. Davis and Miranda Y. Jones from Houston’s Heim, Payne & Chorush. The related cases are Commil USA LLC v. Cisco Systems Inc., No. 13-896, and Cisco Systems Inc. v. Commil USA LLC, No. 13-1044.

Mark Werbner has an international reputation as a “go to” trial attorney in multifaceted business litigation, intellectual property, patent litigation, life-altering personal injury cases, product safety lawsuits and other areas of the law.