By Hannah Garcia
LAW WEEK COLORADO
Last year, David Sipiora found himself stuck in a hotel room in Taiwan for seven days, only escaping the rigor of discovery to get outside for two hours during the week.
It was a challenging trip, he said, with an ornery opposition, a big gap between time zones and only three hours of sleep a night. The case was certainly trying, a test of patience and perseverance, he said.
“It was just a huge, huge morass of facts in a hard-fought discovery,” said Sipiora, an intellectual property litigator and partner with the Denver office of Kilpatrick Townsend & Stockton. “It was an ordeal. They (the opposition) make it so hard for you, and personally inconvenience you, thinking you’ll back off. And we said no, we’ll do it.”
For that case, Sipiora was lead counsel on a team defending a cell phone camera lens manufacturer from infringement claims exceeding $100 million in damages regarding a large number of patents pertaining to the lenses’ optics. Although the case is currently on appeal, Sipiora and his team won on summary judgment after demonstrating to the judge the actions that gave rise to the patent infringement claims happened entirely overseas and therefore beyond the scope of U.S. law on 99 percent of the claims, and the case was dismissed.