Wolf Greenfield and Client EMC Prevail in Patent Infringement Suit Against EMC's Competitor Zerto

Wolf Greenfield and its client EMC Corporation, a global leader in information technology software and services, obtained a jury verdict on May 8, 2015 in favor of EMC against Zerto, Inc. A federal jury in Delaware found that Zerto infringed four of the five data protection-related patents that EMC had asserted in the lawsuit. The jury also rejected all of the validity challenges that Zerto mounted to the patents-in-suit.

The jury verdict was the result of a two-week trial held before the Honorable Gregory M. Sleet in the United States District Court for the District of Delaware, from April 27 to May 8, 2015.

Just days before the trial, the court granted EMC’s motion for summary judgment that the doctrine of assignor estoppel precluded Zerto from challenging the validity of one of the patents-in-suit.

Also before the trial, Wolf Greenfield and EMC secured dismissal of five separate inter partes review (IPR) petitions filed by Zerto with the Patent Trial and Appeal Board. Those dismissals came before any IPR trials were instituted with respect to the patents-in-suit.

Mike Rader, lead outside counsel for EMC, commented, “This victory was very satisfying. We had the benefit of an extremely experienced team of EMC in-house counsel, with whom the Wolf Greenfield attorneys worked seamlessly. This technology is very complex and we are proud that we were able to translate it into plain English for the jury. EMC values its intellectual property. The verdict vindicates EMC’s rights.”

The litigation team included EMC attorneys Krish Gupta, Senior Vice President and Deputy General Counsel, and William Clark, Vice President and Assistant General Counsel, and Wolf Greenfield attorneys Michael Rader, Allen Rugg, Richard Giunta, Nathan Speed, Dan Wehner, Justin Colannino and Kim Cortes. The post-grant matters were handled by EMC Assistant General Counsel Kevin Perkins, Associate General Counsel Thomas Brown, and Intellectual Property Counsel Joe D’Angelo, and Wolf Greenfield attorneys Richard Giunta, Ed Walsh, Marc Johannes and Elisabeth Hunt.

Read more about the case in Law360.