We represented NetIQ Corporation in defense of an arbitration in which BMC Software claimed that two of NetIQ’s major products infringed two patents owned by BMC. Plaintiff BMC sought $150 million in lost profits and royalties before trebling. NetIQ hired the firm to take over the defense of the case six months before trial (the proceeding had been pending for more than eighteen months). Within six months, the parties conducted almost all of the fact discovery for the case and produced all of the expert reports and discovery relating to validity of the patents, the claimed infringement, and damages. The case was resolved on satisfactory terms one week before the arbitration hearing.
