July 28, 2010

T&K Client Obtains Appellate Victory in Eastern District of Texas Patent Case

Texas - Thompson & Knight LLP is pleased to report an appellate victory for its client Protection One, one of the defendants in Paradox Security Systems Ltd. et al. v. ADT Security Services Inc. et al., Case Number 2010-1012, in the U.S. Court of Appeals for the Federal Circuit.

The suit alleged infringement of U.S. Patent Number RE39,406, by the manufacture, sale, and use of certain alarm control panels manufactured by DSC and monitored by Protection One, Monitronics, and ADT. During the second day of trial, Thompson & Knight Partner Max Ciccarelli, together with counsel for Monitronics, argued that the report of the plaintiffs' infringement expert did not adequately support the plaintiffs' infringement allegations against the monitoring defendants. As a result, Judge T. John Ward precluded the plaintiffs' expert from testifying about infringement by Protection One and the other monitoring defendants. When the plaintiffs rested the next day, and in what has been described as a rare event in patent cases in the Eastern District of Texas, Judge Ward granted the defendants' motion for judgment as a matter of law of non-infringement.

On appeal, Thompson & Knight partner J. Michael Heinlen wrote the appellate brief for Protection One, and Max Ciccarelli handled the oral argument. On July 19, 2010, the Federal Circuit agreed with the Eastern District of Texas that the plaintiffs failed to provide enough evidence of infringement and affirmed the District Court's Judgment.

"This is an exceptional result for Protection One and the other defendants, and we are extremely pleased with how it was accomplished by the Thompson & Knight team," said Eric Griffin, Protection One's General Counsel.

The Thompson & Knight team included Max Ciccarelli, Jane Politz Brandt, and J. Michael Heinlen.

Contact

Becky S. Jackson
Becky.Jackson@tklaw.com
214.969.1478