MoFo Helps VMWare Beat $110M Copyright Suit
Phoenix Technologies claimed VMWare exceeded the licensed use of its copyrighted BIOS software.
June 13, 2017 at 03:22 PM
16 minute read
SAN FRANCISCO — While Michael Jacobs and Arturo González are in the midst of helping Uber Technologies Inc. fight its no-holds-barred trade secrets battle with the autonomous car unit of Alphabet Inc., the Morrison & Foerster partners this week managed to help another prominent tech client win a complete defense verdict at trial.
Jacobs and González headed up a MoFo team which won a noninfringement verdict in a $110 million copyright lawsuit brought by Phoenix Technologies Ltd. Phoenix's lawyers at Cooley argued VMWare's use of its copyrighted BIOS software in products designed for use on servers went beyond the limitations of a license granting rights for use on personal computers. Phoenix's lead lawyer, Cooley litigation chairman Michael Attanasio, said in an email that his client is “exploring all of its post-trial options.”
The Recorder reached out to MoFo's Jacobs, a veteran of many high-stakes IP battles, to talk about the case, how the firm balanced the two high-profile assignments, and whether he expects to spend more time at trial on his home turf in the Northern District of California now that the Supreme Court has curbed forum shopping in patent suits.
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