A Keker, Van Nest & Peters team has succeeded in slashing damages against semiconductor design software company Real Intent in a long-running dispute with rival Synopsys, which sued Real Intent in 2020 for copyright infringement and breach of contract. Read the full article in The Recorder (paywall).
A jury awarded damages of $550,000 to Synopsys in 2024 for breach-of-contract claims involving Real Intent's use of Synopsys' command set elements for electronic design automation (EDA) tools. Both parties filed post-trial motions.
On March 27, U.S. District Judge Edward J. Davila issued an order regarding post-trial motions that vacated $248,776 in damages for lost profits, bringing the total damages award against Real Intent to $297,500 for unjust enrichment.
Reid Mullen, a partner representing Real Intent, explained the court’s decision.
"After the trial, we moved under Rule 50, arguing—as a matter of law—for the court to decide the contract claim that was presented at trial and the claim on which the jury's ... lost profits award was based was preempted," Mullen said in an interview.
"There is no viable contract claim there because, if anything, that would be a copyright claim. And of course, in this case, the copyright claim had already been resolved in our favor at summary judgment."
Mullen reiterated the firm's position throughout the case that tech companies working together ultimately benefited innovation in the semiconductor and broader tech industries.
"It's very important for two companies' products to be able to understand each other, if they're going to work together. Particularly in this semiconductor industry, where many customers designing chips use products from multiple different companies, those products really do need to work together," he said.
In addition to Mullen, Real Intent is represented by Bob Van Nest, Ryan Wong and Cody Gray.