When Google Inc. took an $85 million patent infringement hit in the Eastern District of Texas in 2014, the company turned to its A team. Quinn Emanuel Urquhart & Sullivan and partner Charles Verhoeven were tapped to handle the appeal, plus a second lawsuit brought by non-practicing entity SimpleAir Inc., asserting related patents, in the same venue, over the same wireless notification technology. This time, though, SimpleAir—which already had struck settlements with Apple, Microsoft and others—was demanding $300 million. First, Verhoeven piloted Google to a defense verdict of non-infringement in the second trial last fall. Then on April 1 the U.S. Court of Appeals for the Federal Circuit threw out the $85 million verdict and ordered judgment entered for Google. For those keeping score, Google’s exposure has dropped from $385 million to almost zero.
You were brought in after the first trial, which didn’t go so well for your client. What steps did you take to ensure a better outcome the second time around?
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