U.S. Supreme Court Denies CPi’s Challenge to WhitServe Patents
On February 19, 2013, the U.S. Supreme Court denied Computer Packages, Inc.’s (“CPi”) petition for writ of certiorari challenging the validity of patents owned by SSJR client WhitServe LLC. SSJR obtained a decisive jury verdict against CPi in the District of Connecticut in 2010. Following trial, CPi appealed to the Court of Appeals for the Federal Circuit, which affirmed CPi’s liability and remanded the case for determinations of enhanced damages, attorneys’ fees, post-trail accounting, prejudgment interest, and a permanent injunction. Following the Federal Circuit’s August 7, 2012 opinion, CPi sought to stay issuance of the mandate on the basis of its petition for writ, which argued that claims of WhitServe’s patents are not eligible subject-matter under 35 U.S.C. § 101. SSJR successfully opposed CPi’s attempts to delay resolution of this case and the case was remanded to the district court, which promptly granted WhitServe’s motion to compel updated damages discovery from CPi. With this Order by the U.S. Supreme Court, CPi has now exhausted appellate review of its liability in this case.
CPi is represented by Fitzpatrick, Cella, Harper & Scinto.