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James R. Barney

Fed. Circ. Tosses $18M Contempt Fine In Software IP Row

July 25, 2014

Law360

On July 25, The Federal Circuit vacated an injunction and an $18 million fine against Lawson Software Inc., following the U.S. Patent and Trademark Office’s invalidation of a key patent claim. This case began in 2009 when ePlus Inc. sued Lawson for alleged infringement of two of its patents in five of Lawson’s software module configurations. During the case, a Virginia district court issued a permanent injunction which barred Lawson from making or selling products using those modules. In addition, the judge issued Lawson with an $18 million fine for being in contempt of the 2011 injunction order by not distinctly differentiating their redesigned software. Lawson appealed both the injunction and the contempt order and compensatory fine. Lawson is represented by Donald R. Dunner and Erika H. Arner.

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