A Win Behind Closed Doors
There are many reasons why parties choose arbitration instead of litigation. But one of them — the fact that the proceedings and awards are private, outside the public eye — makes it a lot harder for attorneys to talk about our arbitration successes. So you have our apologies in advance for needing to mute the toot of our own horn.
One of the nation’s largest companies was sued for patent infringement based on two separate services that it provided to its customers. One of those accused services was provided by the defendant itself, while the other service was provided by our client. Although essentially all the defendant’s customers used its service, and only a tiny fraction used our client’s service, the defendant demanded that our client cover half its litigation costs.
The defendant and our client agreed to a range that our client would contribute to its defense, and to submit the final amount to a half-day arbitration. Turner Boyd partner Josh Masur went head-to-head against one of the lead IP litigation partners in one of the 20 largest law firms in the country. The result — tendered later that very afternoon — was a complete victory for the client and the firm.
