ESN, LLC v. Cisco Systems, Inc.


We obtained a complete victory for Cisco in this closely watched patent infringement dispute.  The plaintiff, a patent holding company, asserted a patent on a method for Voice over Internet Protocol telephony against Cisco’s line of Integrated Services Routers.   We discovered that the invention had been conceived while the inventor was subject to an invention assignment agreement with his former employer.  We moved to dismiss the complaint for lack of standing, arguing that because the patent was related to the former employer’s business, ownership was automatically transferred to the employer under the assignment agreement.  The court agreed and dismissed the case.  The Federal Circuit subsequently affirmed after oral argument.

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