Winston & Strawn nationwide appellate and critical motions practice chair, Gene Schaerr, was quoted in the Am Law Litigation Daily's article, "Winston & Strawn Wins Reversal of $34 Million Patent Infringement Verdict Against Hyundai." Schaerr served as lead appellate attorney for Hyundai Motor Co. in the patent infringement case brought by Orion IP.
Although many other automakers settled when sued by Orion, Hyundai concluded that Orion's patent claims had been anticipated by prior inventions. The three-judge panel of the U.S. Court of Appeals for the Federal Circuit concurred.
"[The case] shows the willingness of a company like Hyundai to stand up to a patent-holding company and say, 'Look, we're not just going to pay you a lot of money to get rid of a nuisance suit,'" Schaerr said.
If the judgment had been upheld, Hyundai would have faced approximately $70 million in liability.