Gibson Dunn Secures a Unanimous Jury Verdict Win for Cisco in Patent Trial

Firm News  |  February 19, 2025

A Gibson Dunn trial team successfully obtained a unanimous jury verdict on behalf of client Cisco in a patent infringement trial. The jury found for Cisco across the board, finding that the asserted patent was not infringed, invalid, and could not be asserted against Cisco under 35 U.S.C. § 273 due to Cisco’s prior commercial use over a year before the patent was filed. It is believed to be the first ever jury verdict finding that a patent could not be asserted under § 273.

WSOU, a non-practicing entity, originally sued Cisco in 2021 for infringement on five U.S. patents, seeking nearly $50 million in damages. The Gibson Dunn team worked quickly to show that WSOU’s assertions lacked merit leading WSOU to voluntarily dismiss three asserted patents before summary judgment. Gibson Dunn won a summary judgment on the fourth patent, leaving a single patent and $19.3 million in damages remaining for trial.

This sweeping victory was secured in what is widely perceived as one of the most plaintiff-friendly jurisdictions in the U.S.

The Gibson Dunn trial team included partners Brian Rosenthal and Kate Dominguez, and associates Allen Kathir, Emily Whitcher, Hyunjong Ryan Jin, and Claire Santiago.

The case is WSOU Investments LLC (d/b/a Brazos Licensing and Development) v. Cisco Systems, Inc., No. 6:21-cv-0128-ADA (W.D. Tex.).