Firm’s Client Wins Again in Federal Circuit, Ending Eight Year Battle That Began in the Massachusetts District Court

March 4, 2021

Federal Circuit Rules for Clients of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds for a Second Time in a Month, Throwing Out Boston University’s LED Patent for the Third Time

Boston, Massachusetts and Walnut Creek, California, March 4, 2021 - The Federal Circuit Court of Appeals ended Boston University's LED patent battle with a whimper on March 3 when it issued a one sentence Rule 36 affirmance in favor of the defendants, Epistar Corporation, Lite-on Group, and Everlight Electronics, clients of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds.

Lead counsel for the defendants, Rich Vasquez of Vasquez Benisek & Lindgren LLP said, “The two rulings today end this  unfortunate litigation campaign on what the courts have emphatically and finally concluded was an invalid patent. We thank the Federal Circuit for their last word on the matter.” Local counsel Susan Glovsky of Hamilton Brook Smith Reynolds in Boston said, “Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds took over the defense of the cases four months before the November 2015 jury trial. The ruling concludes eight years of defending against the Boston University patent for the judgment winners Epistar, Lite-On, and Everlight.”

The Federal Circuit’s per curium opinion affirmed the judgment in favor of Vasquez Benisek & Lindgren LLP’s clients in Trustees of Boston University v. Everlight et al., for a second time. The Federal Circuit first invalidated Boston University’s LED patent claims, in July 2018. The Federal Circuit’s 2018 ruling overturned a jury verdict in Boston University’s favor finding that the District Court erred when it denied Rule 50 motions asserting that the patent was invalid for lack of enablement.

On March 3, the Federal Circuit also issued a mandate affirming a separate ruling against Boston University and in favor of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds client Kingbright, an Epistar LED chip customer.

Before Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds took over the case from predecessor counsel, a group of more than a dozen companies, including Apple and Samsung, settled with Boston University by paying $13.5 million to gain a release from a series of cases filed on the LED patent.

Susan G. L. Glovsky and Lawrence P. Cogswell, III of Hamilton Brook Smith Reynolds Boston, Massachusetts and Richard C. Vasquez, Eric W. Benisek, Jeffrey T. Lindgren, Robert McArthur, and Stephen C. Steinberg of Vasquez Benisek & Lindgren LLP, Walnut Creek, California represented Epistar, Everlight, Lite-On, and Kingbright.

ABOUT HAMILTON BROOK SMITH REYNOLDS

Hamilton Brook Smith Reynolds is an internationally renowned law firm devoted to the practice of intellectual property law. The firm specializes in patents, trademarks, intellectual property litigation, post-grant proceedings, copyrights, licensing, due diligence, opinions, trade secrets, and intellectual property counseling. The firm’s legal staff provides comprehensive intellectual property expertise in a wide range of technical areas such as biotechnology, chemistry, computer hardware and software, telecommunications, medical devices, pharmaceuticals, physics, optics, nanotechnology, and electrical, chemical and mechanical engineering. Visit www.hbsr.com for more information and Susan Glovsky at 617.607.5900.

ABOUT VASQUEZ BENISEK & LINDGREN LLP

Vasquez Benisek & Lindgren LLP is a boutique intellectual property and business law firm. We bring deep experience to serving our clients’ intellectual property and business needs in both litigation and transactional matters. Our clients include international and national technology companies, small to mid-size private companies, start-ups and entrepreneurs.

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March 4, 2021

Federal Circuit Rules for Clients of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds for a Second Time in a Month, Throwing Out Boston University’s LED Patent for the Third Time

Boston, Massachusetts and Walnut Creek, California, March 4, 2021 - The Federal Circuit Court of Appeals ended Boston University's LED patent battle with a whimper on March 3 when it issued a one sentence Rule 36 affirmance in favor of the defendants, Epistar Corporation, Lite-on Group, and Everlight Electronics, clients of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds.

Lead counsel for the defendants, Rich Vasquez of Vasquez Benisek & Lindgren LLP said, “The two rulings today end this  unfortunate litigation campaign on what the courts have emphatically and finally concluded was an invalid patent. We thank the Federal Circuit for their last word on the matter.” Local counsel Susan Glovsky of Hamilton Brook Smith Reynolds in Boston said, “Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds took over the defense of the cases four months before the November 2015 jury trial. The ruling concludes eight years of defending against the Boston University patent for the judgment winners Epistar, Lite-On, and Everlight.”

The Federal Circuit’s per curium opinion affirmed the judgment in favor of Vasquez Benisek & Lindgren LLP’s clients in Trustees of Boston University v. Everlight et al., for a second time. The Federal Circuit first invalidated Boston University’s LED patent claims, in July 2018. The Federal Circuit’s 2018 ruling overturned a jury verdict in Boston University’s favor finding that the District Court erred when it denied Rule 50 motions asserting that the patent was invalid for lack of enablement.

On March 3, the Federal Circuit also issued a mandate affirming a separate ruling against Boston University and in favor of Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds client Kingbright, an Epistar LED chip customer.

Before Vasquez Benisek & Lindgren LLP and Hamilton Brook Smith Reynolds took over the case from predecessor counsel, a group of more than a dozen companies, including Apple and Samsung, settled with Boston University by paying $13.5 million to gain a release from a series of cases filed on the LED patent.

Susan G. L. Glovsky and Lawrence P. Cogswell, III of Hamilton Brook Smith Reynolds Boston, Massachusetts and Richard C. Vasquez, Eric W. Benisek, Jeffrey T. Lindgren, Robert McArthur, and Stephen C. Steinberg of Vasquez Benisek & Lindgren LLP, Walnut Creek, California represented Epistar, Everlight, Lite-On, and Kingbright.

ABOUT HAMILTON BROOK SMITH REYNOLDS

Hamilton Brook Smith Reynolds is an internationally renowned law firm devoted to the practice of intellectual property law. The firm specializes in patents, trademarks, intellectual property litigation, post-grant proceedings, copyrights, licensing, due diligence, opinions, trade secrets, and intellectual property counseling. The firm’s legal staff provides comprehensive intellectual property expertise in a wide range of technical areas such as biotechnology, chemistry, computer hardware and software, telecommunications, medical devices, pharmaceuticals, physics, optics, nanotechnology, and electrical, chemical and mechanical engineering. Visit www.hbsr.com for more information and Susan Glovsky at 617.607.5900.

ABOUT VASQUEZ BENISEK & LINDGREN LLP

Vasquez Benisek & Lindgren LLP is a boutique intellectual property and business law firm. We bring deep experience to serving our clients’ intellectual property and business needs in both litigation and transactional matters. Our clients include international and national technology companies, small to mid-size private companies, start-ups and entrepreneurs.

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