Fish & Richardson Wins Jury Verdict for Adobe in Patent Suit

Tuesday, February 10, 2015 - 11:11

Fish & Richardson has announced  that it won a jury verdict in federal district court in Boston for Adobe Systems Inc. in a patent infringement case brought by EveryScape, Inc., a software company based in Newton, Massachusetts.  After a two-week trial, the jury deliberated for only three hours before returning a verdict on January 23, 2015, that EveryScape’s patents were invalid as both anticipated and obvious in view of the prior art.

EveryScape sued Adobe in September 2010 alleging that Adobe’s Photoshop software infringed two EveryScape patents, which EveryScape alleged covered a perspective clone brush found in a Photoshop filter.  The Photoshop filter in question, called Vanishing Point, can be used to edit in perspective, for example, in architectural and building photographs.  EveryScape asked for millions of dollars in damages from Adobe.

In July 2014, U.S. District Judge Richard G. Stearns granted EveryScape's motion for summary judgment of its '374 and '022 patents, since Adobe had conceded the claims ultimately to be tried covered its product. At issue at trial was whether or not the patents were valid.

“This is a win not just for Adobe, but for everyone who respects the difference between proprietary intellectual property and the public domain,” said Frank Scherkenbach, a principal of Fish & Richardson who was lead trial counsel for Adobe.  “These patents covered public domain technology that everyone, including Adobe, should be free to use.”

The Fish trial team representing Adobe included Adam Kessel, also a Principal in Fish’s Boston office.  “Adobe’s position all along has been that these patents are invalid.  We said that when this case started five years ago.  With this verdict, the jury agreed,” added Mr. Kessel.