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$19 Million Patent Infringement Verdict for Opti Inc.

Verdict Against Apple, Inc.

April 24, 2009

MARSHALL, Texas – The national law firm of McKool Smith is announcing a $19 million patent infringement verdict handed down in favor of technology provider Opti Inc. of Palo Alto, Calif., against computer software giant Apple Inc. (NASDAQ: AAPL)

The verdict in Opti Inc. v. Apple Inc., No. 2:07-cv-00021, was delivered on April 23, 2009, by a jury appearing before Judge Charles “Chad” Everingham IV of the U.S. District Court for the Eastern District of Texas in Marshall.

Jurors in the case found that Apple infringed a patent issued to Opti in June 2002.  The contested patent, U.S. Patent No. 6,405,291, covers a computer operation that enables a “pre-snooping” function designed to allow for the more efficient transfer of data between peripheral devices.

Opti was represented by a team of attorneys from McKool Smith and Chicago-based Winston & Strawn.  The McKool Smith team included Rosemary Snider, Gary Kitchen, and Carol Butner.  The Winston & Strawn group included Michael Brody, Taras Gracey, J. Ethan McComb, Eric Mersmann and Sarah Frey.

In the verdict, jurors found that Apple willfully infringed the contested patent.  The jury also rejected Apple’s contentions that the patent should be declared invalid.  The $19 million verdict amount was awarded as fair and reasonable compensation to Opti for Apple’s willful patent violation, according to the verdict form.

McKool Smith has more than 100 attorneys in Dallas, Austin, Marshall, New York, and Washington DC, handling commercial, intellectual property and white collar litigation for national and international clients. The firm is recognized as one of the premier litigation law firms in the United States, having earned significant courtroom victories for clients such as American Airlines, Ericsson, Electronic Data Systems, Medtronic Inc., and Sony Ericsson.

            For more information, contact Bruce Vincent at 800.559.4534 or bruce@androvett.com.