Appellate Hot List 2018: Quinn Emanuel Urquhart & Sullivan
Quinn Emanuel Urquhart & Sullivan partner Kathleen Sullivan discusses one of the firm's wins in the Federal Circuit, Power Integrations v. Fairchild Semiconductor.
October 26, 2018 at 05:30 PM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
Of our nearly dozen major wins in the Federal Circuit over the past year, Power Integrations v. Fairchild Semiconductor stands out. There, we convinced the Federal Circuit to vacate a $139.8 million reasonable-royalty damages award against our client Fairchild Semiconductor for infringement of two patents related to switching regulation in power supply controller chips. The court of appeals agreed with our argument that Power Integrations was not entitled to damages based on the “entire market value rule” because there was not substantial evidence that its patented frequency reduction was the driver of consumer demand for Fairchild's products. With the Federal Circuit having recently denied rehearing en banc, the decision stands as strong precedent limiting the entire market value rule where complex products are at issue.
How did your firm approach appellate success over the past year?
We continue to embrace high-stakes appeals. The Fairchild victory was our seventh recent reversal of a $100+ million judgment. Our other wins this year include upholding an $800 million judgment for the Federal Housing Finance Agency and preventing $2-$4 billion in punitive damages against PG&E.
What practice advice would you give your younger self?
Simplify, simplify, simplify. Most appellate judges have heavy dockets and are unlikely to have time to understand a case as well as you do. The simplest argument is thus often the best argument. Omit unnecessary details; tell the judges only what they need to know.
Responses submitted by Kathleen Sullivan, a partner at Quinn Emanuel Urquhart & Sullivan.
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