Finnegan obtains jury verdict of non-infringement for longtime client FedEx

An Eastern District of Texas jury handed Finnegan client FedEx a win in a case brought by Intellectual Ventures (IV), ruling that FedEx did not infringe IV’s four shipping and tracking patents, and that three of the asserted patents were invalid. At trial, IV sought nearly $100 million in damages for infringement of four patents IV had acquired from four other companies.

IV filed suit against FedEx, claiming its patents were issued before FedEx started using the shipping and tracking technology. However, Finnegan argued that FedEx has been a pioneer in the industry for forty years and its shipping and tracking systems were in the works thirty years prior to the issuance of IV’s patents; FedEx never used or needed to use IV’s patents. Additionally, the firm argued that IV’s patents were obvious in view of the prior art. The jury determined that all four patents were not infringed and three of the four were invalid. Earlier in the case, following a favorable claim construction for the FedEx companies, Judge Gilstrap issued an order granting summary judgment of non-infringement on a fifth asserted patent. IV did not appeal, leaving intact the judgment and jury trial victory for FedEx and the Finnegan trial team.

On behalf of FedEx, Finnegan also filed multiple inter partes review petitions and reexaminations on the five patents at issue in the E.D. Tex. case.