Skiermont Derby LLP

Skiermont Derby is thrilled to share that on Friday, May 10, the jury in our patent infringement trial in the District of Delaware delivered a monumental verdict in favor of our client, IPA Technologies Inc. The jury found that Microsoft’s Cortana personal assistant software infringes three claims of U.S. Patent No. 7,069,560 and upheld the validity of the asserted claims, awarding $242,000,000 in damages. The ‘560 Patent was the product of groundbreaking work pioneered by David Martin and Adam Cheyer at SRI International. This win is the culmination of a six-year journey that began in 2018 and involved more than twenty inter partes review proceedings at the PTAB and multiple appeals to the Federal Circuit. We are beyond proud of our exceptional trial team, which included Paul Skiermont, Steven Hartsell, Jaime Olin, Kevin Potere, Mieke Malmberg, Todd M., Daniel K. Jackson, and Shelbye Harbour of Skiermont Derby, along with Steve Brauerman and Emily Skaug of Bayard P.A. in Delaware. #patentlitigation #patentinfringement

Skiermont Derby recently secured a favorable dismissal on behalf of client VIZIO, Inc. Judge Godbey of the Northern District of Texas dismissed with prejudice patent infringement claims brought by Ortiz & Associates Consulting for failure to state a claim under Rule 12(b)(6). Specifically, Judge Godbey found that Ortiz failed to plead compliance with the marking statute under 35 U.S.C. § 287(a) for patents that were expired before the complaint was filed. "Because no damages are available for the period after the Asserted Patents’ expiration, and Ortiz failed to state a claim for pre-suit damages, Ortiz has not stated a claim that is plausible on its face.”   See Ortiz & Assocs. Consulting, LLC v. VIZIO, Inc., No. 3:23-CV-791, Dkt. No. 30 (N.D. Tex. Nov. 1, 2023).

Skiermont Derby is very proud to announce additional accolades from our peers: our partners Paul Skiermont, Steven Hartsell, and Mieke Malmberg have been recognized in The Best Lawyers in America® and partner Sarah Spires has been recognized in the Best Lawyers: Ones to Watch® in America 2024 editions. Best Lawyers seeks to recognize the best legal talent in the world, reviewed and approved by their professional peers. 

For the 10th year in a row, Skiermont Derby is thrilled to have been ranked as a leading patent litigation firm in Texas by IAM Patent 1000: The World’s Leading Patent Practitioners for 2023. IAM notes: Skiermont Derby is a redoubtable trial boutique and an agile strike force for patent infringement litigation – one that has netted success time and again in Texas and in many courts across the country. The ensemble is equally comfortable handling high-technology and life sciences cases, and understands what it takes to win in federal district courts, the PTAB and the Federal Circuit. Its professionals are highly results and business focused, the tone being set in this regard by Paul Skiermont, a compelling presenter in court and a creative and deep-thinking strategist behind the scenes. Mieke Malmberg and Sarah Spires continue to distinguish themselves as high-stakes trial lawyers; Spires is a top contact in the firm for post-grant proceedings. IAM compiles recommendations with a team of researchers from Intellectual Asset Management magazine who undertake extensive qualitative research to identify top firms and individuals based on their depth of expertise, market presence and sophistication of work.