SILICON VALLEY (July 12, 2016) — International law firm McDermott Will & Emery LLP achieved another decisive victory for client Diablo Technologies, Inc. (“Diablo”) after the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the jury verdict against former development partner Netlist, Inc. (“Netlist”).
In the District Court case, Netlist, a manufacturer of memory modules, incorrectly accused Diablo Technologies of eight counts of trade secret misappropriation, breach of contract, and failing to name Netlist’s Chief Technology Officer (CTO) as an inventor of Diablo’s patent.
The case went to trial in the United States District Court for the Northern District of California in March 2015. The jury returned a verdict overwhelmingly in Diablo’s favor, finding that Diablo did not breach any contract, did not misappropriate any trade secrets, and that Netlist’s CTO was not an inventor on Diablo’s patent.
Netlist appealed the jury’s verdict only on the breach of contract claim to the Federal Circuit, and McDermott represented Diablo at the appellate briefing and oral argument on July 7, 2016. Two business days after the argument, the Federal Circuit panel unanimously affirmed the judgment in favor of Diablo.
McDermott’s appellate team was led by IP litigation partner Fabio Marino, who argued for Diablo at the Federal Circuit, and included IP litigation partners Natalie Bennett, Nitin Gambhir and L. Kieran Kieckhefer.
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McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,000 lawyers, we have offices in Boston, Brussels, Chicago, Dallas, Düsseldorf, Frankfurt, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, Rome, Seoul, Silicon Valley and Washington, D.C. Further extending our reach into Asia, we have a strategic alliance with MWE China Law Offices in Shanghai.