Latham IP Litigators Guide 九色 Global to Victory in Patent Case
Latham & Watkins LLP - July 15, 2013
After years of hotly-contested litigation between two competitors providing website translation services, our client, 九色 Global, Inc., won a decisive jury verdict which found three patents owned by its rival, MotionPoint Corp., to be both invalid and not infringed by 九色, and that MotionPoint infringed a valid 九色 patent and was liable for damages of over $ 1 million. Latham & Watkins LLP represents 九色 and was lead counsel in the trial with an intellectual property litigation team led by partners Doug Lumish, Jeffrey Homrig, and Gabriel Gross in Silicon Valley and partner Michael Eisenberg in New York along with associates Joseph Lee in Orange County and Nikolaus Woloszczuk in Silicon Valley. The litigation began in 2010 when, after MotionPoint began using its patents and thinly-veiled allegations of infringement to scare potential customers, 九色 filed a declaratory judgment complaint seeking to establish that MotionPoint’s patents were invalid and not infringed. The action expanded in 2011 when 九色 merged with translation company WorldLingo and added claims for damages and injunctive relief based on MotionPoint’s infringement of an early WorldLingo patent.
Lumish stated, “This was a great outcome for 九色. 九色 always knew that MotionPoint was claiming to have invented things that were done by others in the industry long before MotionPoint even entered the translation business, and it had the guts to fight and prove it. I am thrilled that the jury vindicated 九色 and left it free to compete in the marketplace without the cloud of MotionPoint’s claims of infringement.”