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Netbula v. Chordiant Software

August 19, 2010

Following a two week jury trial, Fenwick's IP & Tech Lit team emerged the victory with a jury verdict rendered in a hard-fought trial officiated by Judge James Ware in federal court in San Jose. Our client, Chordiant, had admitted using Plaintiffs' copyrighted software tools in development of Chordiant's software, and conceded that it lacked a license, so the trial was over what damages would be paid. The jury awarded only 6% of the over $25 million Plaintiffs had requested-substantially less than Chordiant offered to settle several times before trial, and several multiples less than Plaintiffs' pre-trial demands. The Fenwick team included Laurence Pulgram, Jed Wakefield, Ilana Rubel, Liwen Mah, David Lacy Kusters, Clifford Webb, Marybeth Milionis, Ryan Marton, Sebastian Kaplan and Justin Hulse.