Legal Professionals from WilmerHale Honored in The American Lawyer's Litigator of the Week for Significant Victories with Apple and PNC Bank
In a series of significant appellate victories, WilmerHale and its lead appellate attorney, Mark Fleming, have successfully overturned over $500 million in damages in high-stakes patent cases for clients PNC Bank and Apple.
On June 12, the US Court of Appeals for the Federal Circuit ruled in favor of PNC Bank, overturning nearly $223 million in jury verdicts awarded to USAA. Just two days later, on June 16, the Federal Circuit handed down another win for Apple, vacating a $300 million infringement verdict secured by Optis Cellular Technology.
Mark Fleming, co-chair of WilmerHale's Appellate and Supreme Court Litigation Practice, led the appellate strategy in both cases, working closely with the firm's trial teams. The victories were a result of a collaborative effort, according to Fleming, involving a diverse group of attorneys.
The WilmerHale teams involved in the appeals included Gregory Lantier, Andrew Danford, Brittany Amadi, David Cavanaugh, Joseph Mueller, Mark Selwyn, Timothy Syrett, Heath Brooks, Ravi Deol, Derek Gosma, Makenzi Herbst, Greg Israelsen, Amy Mahan, Joey Meyer, Alex Nemtzow, Jerry Salvatore, Hannah Santasawatkul, and Allison Schultz.
In the PNC Bank case, the court found that the asserted patents were directed to abstract ideas and lacked an inventive concept, making them ineligible under Section 101. The Federal Circuit's decision in the Apple case addressed critical issues surrounding standard-essential patents and damages admissibility.
These appellate wins are a testament to the team's expertise in complex appellate and Supreme Court patent cases, contributing to WilmerHale's reputation as a leading firm in patent and appellate litigation. The firm's success in patent litigation has been consistently honored, with multiple Impact Case of the Year awards and recognition as the 2023 Patent Disputes Firm of the Year and Appellate Firm of the Year by Law360.
Furthermore, Fleming was recognized as "Litigators of the Week" by The American Lawyer's Litigation Daily for these significant appellate wins. The clients' in-house legal teams also provided strategic insights throughout the process.
Oral arguments were led by one person from the team, but the results were a testament to the work of everyone involved. The firm also collaborated with co-counsel at Gillam & Smith and Munger, Tolles & Olson.
These victories underscore the team’s commitment to delivering exceptional results for their clients and their reputation as a leading firm in patent and appellate litigation.
In the context of these significant appellate victories, WilmerHale's litigation of the PNC Bank and Apple cases resulted in overturning $526 million in damages, with the firm's expertise in finance and business being crucial. The success of these cases, involving a diverse group of attorneys, including Mark Fleming, further solidified WilmerHale's position as a leading firm in patent and appellate litigation.
