How does a defense lawyer win a case when the plaintiff has already prevailed against two defendants on similar sets of facts?
In 2015, Gibson Dunn partner Josh Krevitt found out, scoring a jury verdict victory over Prism Technologies LLC on behalf of T-Mobile USA Inc. in the U.S. District Court for Nebraska.The case involved Prism’s claim that T-Mobile’s technology networks infringed on two Prism patents. Before the T-Mobile case went to trial in October, Prism had negotiated a roughly $30 million settlement with AT&T Inc. and had won an $30 million verdict against Sprint Corp. According to Krevitt, Prism’s expert set damages at more than $100 million against T-Mobile. The AT&T, Sprint and T-Mobile cases were all tried before U.S. District Judge Lyle Strom in Omaha.
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