Federal judge in Norforlk, Virginia sanctioned Cooley law firm and its client in a patent infringement lawsuit. The sanction was imposed on both of them due to the late delivery of important document for patent infrigement case.
In the patent infringement case which was settlend on July 22 last year, the defendant Invincea Inc. failed to turn over the necessary document at the exact time. The defendant deliver the document few weeks before the trial began. U.S. District Judge Henry Coke Morgan Jr. ruled to impose sanction on both defendant and its representative, ABA Journal reported.
The case was filed by Vir2us Inc on April 16, 2015 at the Virginia Eastern District Court. The plaintiff accused Invincea Inc. to infringe its patent in the security software. The lawsuit was settled before the trial with Judge Morgan to preside the case began.
Judge Morgan later in his court order signed Jan. 27 ruled in favor of Vir2us. He charged both Invincea and its law firm for being late in submitting the important document for the trial. The sanction was imposed on both the defendant and its legal representative because Judge Morgan found it “impossible to determine who among defendant's employees and lead counsel were at fault for the discovery violations and to what degree.”
Vir2us is a cyber security firm with headquartered in Petaluma, California. The firm was founded in 2001 with focus to deliver its secured computing technology to its clients.
Invincea is the Virginia-based cyber security firm founded by Anup Ghosh in 2006. Invincea has received a contract from DARPA to enhance security of the Android based gadgets used by the U.S. military. Earlier in February, British cyber security firm Sophos acquired Invincea as reported by Washington Post.
The patent rights and infringement is a complex case as it can have two type of infrigements, direct and indirect one. Watch the lecture regarding the patent right from the Penn University Law School below:
