Cooley LLP on Thursday obtained a rare defense jury verdict in the Eastern District of Texas for client Vistaprint Limited in a patent infringement suit against ColorQuick (ColorQuick, LLC v. Vistaprint Limited et al.).  Vistaprint (Nasdaq: VPRT) is a leading online provider of professional marketing products and services to micro businesses and the home.

ColorQuick accused Vistaprint of infringing a software patent directed to preparing production data for a print job.  ColorQuick was seeking a permanent injunction against Vistaprint’s on-line Studio which allows customers to design, among other things, business cards, brochures, and flyers using various templates.  After a five-day jury trial before the Honorable Leonard Davis in Tyler, Texas, the jury found that Vistaprint did not infringe ColorQuick’s patent.

“From a legal perspective, this was one of the more unique cases I’ve worked on in the recent past, with issues ranging from equivalents infringement under 35 U.S.C. 271(g), along with a bench trial on a limitation on the doctrine of equivalents known as ‘ensnarement,'” said Tom Friel, lead trial attorney representing Vistaprint and head of Cooley’s IP litigation practice. “Both Judge Davis and Judge Love dug into the arcane ensnarement issue and seemed to enjoy grappling with an issue that may well be of first impression in the Eastern District.”

The Cooley team included Friel, along with partner Chris Campbell, associatesMatthew Gubiotti, Brian Wikner and Jennifer Dawson, and paralegals Dawn Roelofs,Jeannine Douglas and Sean Newsam.  Cooley teamed with local counsel Charles L. Ainsworth of Tyler, Texas-based Parker, Bunt and Ainsworth.

With more than 100 lawyers in its nationally recognized IP practice, this is the third jury trial victory in recent months in a patent case, reinforcing the value and results Cooley delivers to its clients facing complex IP litigation matters.

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