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March 21, 2018

Barclay Damon Secures $61 Million Win for PPC Broadband

March 21, 2018"”On March 13, the Federal Circuit affirmed a willful infringement judgement secured by Barclay Damon for the Syracuse-based PPC Broadband Inc. in a $61 million patent infringement case against a Corning Inc. subsidiary over coaxial cable connector technology.

According to Law360, the appeals court rejected Corning's claims that the district court made a "cavalcade of errors" in understanding patent language, and that its products did not infringe on any of PPC's designs "under the correct interpretation."

"We couldn't be more thrilled at the outcome," PPC attorney and Barclay Damon Intellectual Property Litigation Practice Area chair Douglas J. Nash said. "We believe this case is a strong reminder to competitors to uphold their integrity and think twice about violating patent protections in the future."

The federal suit was the second brought against Corning by PPC, alleging in 2011 that while the subsidiary initially changed its product designs after a 2003 settlement agreement, it had secretly reverted back to the dual-patent infringing versions.

PPC was originally awarded nearly $24 million in royalties after a three-day trial in 2015, but US District Judge Gary Sharpe later doubled the damages in November 2016, noting that the monetary adjustment was largely justified due to Corning's concealment of its "egregious infringement behavior."

While Corning argued that there was no legitimate cause for increasing the award, PPC countered that Corning had been caught infringing twice and the court "did not abuse its discretion in enhancing damages."

"It is rewarding, after all of the hard work by our team of attorneys and other professionals, to obtain this significant and deserved victory for our client in protecting its patent rights," Intellectual Property Group leader Denis J. Sullivan said.

With interest, PPC's win totaled at $61 million.

John P. Langan, Barclay Damon's managing partner, said, "This win is a testament to the outstanding teamwork and talent that separates Barclay Damon attorneys from the rest of the pack. Not only did we deliver a great result for our client, but we demonstrated exactly why our attorneys are recognized as industry leaders."

PPC was additionally represented by Barclay Damon attorneys John D. Cook, Kathryn D. Cornish, John T. Gutkoski, and Bella S. Satra, and paralegal Martha J. Peterman.

Barclay Damon LLP, listed as a "Top 250 Firm" by The National Law Journal, is a full-service law firm with offices throughout the major cities of New York State and in Toronto, Boston, Washington DC, and Newark. At 275 lawyers, Barclay Damon is the largest law firm in the Northeastern United States that is not centered in a major market. Barclay Damon provides comprehensive legal and business counsel to a diverse client base in 33 practice areas. For more information, visit barclaydamon.com.

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