McDermott Will & Emery Said to Achieve Another Win for Diablo

International law firm McDermott Will & Emery LLP received a Final Written Decision in three inter partes review (IPR) proceedings in favor of firm client, Diablo Technologies Inc.

The decision from the Patent Trial and Appeals Board (PTAB) was a victory for McDermott in its IPR representation of Diablo and is the continuation of McDermott’s success on behalf of Diablo in the ongoing high-stakes intellectual property battle with former development partner, Netlist, Inc.

Netlist, a manufacturer of memory modules, previously accused Diablo, a manufacturer of semiconductor chips, of infringing on two patents in a case currently pending in the United States District Court for the Northern District of California. In August, Judge Yvonne Gonzales-Rogers stayed the patent case pending the resolution of the IPR proceedings at the United States Patent and Trademark Office.

At the IPR proceedings, Diablo challenged the validity of the asserted Netlist patents, and the PTAB found that Diablo had shown by a preponderance of evidence that all challenged claims were unpatentable.

“We are thrilled with the outcome of the IPR proceedings,” said McDermott’s Fabio Marino. “We believe that our complete victory at the PTAB is a good indicator of the strength of Diablo’s case in the Northern District of California.”

The McDermott team, led by Marino, included fellow Silicon Valley IP litigator Barrington Dyer and two of the firm’s IP litigators in DC, Bernie Knight and Alexander Ott.

McDermott’s IPR success for Diablo comes on the heels of the firm’s victory in March, where a jury exonerated Diablo from Netlist’s accusations of trade secret misappropriation, breach of contract, and incorrect inventorship.
 

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