Cases and Deals

Blank Rome Successfully Defends Return Path from Patent Infringement Suit in Western District of Texas

A Blank Rome IP team once again successfully represented our client Return Path in the defense of a patent infringement suit brought in the Western District of Texas.

The Blank Rome team made an early motion for summary judgment of non-infringement, and combined it with a motion for sanctions based on their prior notice to the plaintiff’s counsel that Return Path’s product could not infringe. Rather than contest the motions, the plaintiff withdrew the complaint with prejudice. This is the third time that Blank Rome has successfully defended Return Path in patent infringement claims:

  • BuyerLeverage Email Solutions, LLC v. SBC Internet Services, Inc., et. al [1:11-cv-00645-RGA (D. Del.)]—a three-year battle and successful Markman opinion in which the plaintiff dropped the suit after its attorneys withdrew upon receipt of a Rule 11 letter from Blank Rome promising to move for sanctions should the plaintiff appeal the court’s Markman ruling. The plaintiff paid Return Path close to six figures in costs. 
  • CBT Flint Partners, LLC. v. Return Path, Inc. and Cisco Ironport Systems, LLC [1:07-CV-1822-TWT (N.D. Ga.)]—a six-year defense, which included two appeals to the federal circuit, resulting in the plaintiff paying over $300,000 in costs to Return Path and co-defendant Cisco. 

The Blank Rome team included Ken Bressler, Domingo LLagostera, and Cole Duncan.