Defended the world’s largest electronic component contract manufacturer in a patent licensing breach of contract dispute less than 60 days before trial.
The client, the world’s largest electronic component contract manufacturer, had been mired in the unfriendly venue of the U.S. District Court for the Eastern District of Texas for nearly two years, defending against a claim for breach of a patent royalty agreement from a power management developer. Less than 60 days before trial, Willenken was hired to invigorate what had been a flagging defense.
Upon our initial review of the matter, we discovered that the federal court did not have proper subject matter jurisdiction over the case, and prior counsel had missed this crucial issue entirely. We filed an emergency motion to dismiss and, at the motion hearing just four days before trial, the court issued a tentative ruling to grant the motion. This dramatically shifted the momentum in the client’s favor.
The plaintiff, facing the prospect of having to re-initiate the litigation in state court, immediately reached out to discuss settlement. During the weekend before the start of trial, we negotiated a highly favorable resolution for the client.
