Litigation and IP Groups Secure Appellate Affirmance of Trial Verdict

On August 30, 2019, the Second Circuit Court of Appeals issued a six-page order in Serby v. First Alert, Inc., et al, affirming the trial court’s dismissal of plaintiff’s claims against the firm’s clients. The firm’s attorneys prevailed in defeating a patent owner’s claim for breach of a settlement agreement, seeking over $1 million in royalties for sales of smoke alarms.   The unanimous affirmance by the Second Circuit ended a litigation saga that commenced in 2009, which involved a 2015 trial resulting in judgment for the defendants, a reversal by the Second Circuit in 2016, and another trial in 2018 again resulting in a judgment for the defendants.  Lead trial counsel was Jeffrey H. Daichman, who also argued the appeal, and Barry Negrin.