Jury Verdict Finds Key Website Translation Patent Owned by TransPerfect is Valid, Competitor MotionPoint Infringes TransPerfect’s Patent, and MotionPoint’s Asserted Patents are both Invalid and Not Infringed
OAKLAND, CA and NEW YORK, NY -- July 18, 2013 -- A U.S. Federal Court jury has decided that a key patent covering language translation technology held by TransPerfect is valid, and that a competitor, MotionPoint, infringes that patent. The jury further found that three patents asserted by MotionPoint against TransPerfect are all invalid, and that even if those patents were valid, TransPerfect does not infringe them.
TransPerfect is the world's largest privately held language translation services and technology company. Since 1992, TransPerfect has been owned and operated by its original founders, Phil Shawe and Liz Elting, who are Co-CEOs of the company. The sweeping jury verdict favoring TransPerfect concluded a three-week trial in U.S. District Court for Northern California in Oakland.
“The jury sided with TransPerfect on every significant issue it was asked to consider,” said Phil Shawe, Co-CEO of TransPerfect. “We are grateful for the jury's service and pleased that they reached a conclusion that supports our long-held beliefs.” The dispute started when MotionPoint lawyers sent TransPerfect a threatening letter in December of 2009, and escalated when MotionPoint began to make threats and insinuations in the marketplace that TransPerfect and other competitors infringed their intellectual property. Those actions prompted TransPerfect to seek relief in the form of a declaratory judgment, which was filed in June of 2010.
“We didn’t start this fight, but we simply couldn’t take a passive stance any longer while knowing that there was nothing new about MotionPoint’s patents, technology, or service offerings. Clients and potential clients for website translation deserve to know the facts, and this jury verdict makes the facts very clear. TransPerfect doesn’t infringe MotionPoint’s patents, and more importantly, their asserted patents are not valid,” Shawe stated. “Moreover, TransPerfect could not let its own intellectual property rights be ignored by that very same competitor.”
Co-CEO Liz Elting added, “While litigation is not part of our business strategy, we are thrilled to have this jury verdict in our favor. TransPerfect’s business model is to compete on the basis of quality, service, and innovation. We’re excited to get back to doing what we enjoy most: servicing our clients’ global business and communication needs.”
Still to be decided by the Court are the total damages to be awarded to TransPerfect and whether an injunction to block further MotionPoint infringement of TransPerfect’s patent, among other things, is appropriate.
Mark Hagerty, Chief Technology Officer of TransPerfect, stated, “It's been my privilege to design software for the translation industry since the year 2000. We believe OneLink provides the best solution for clients to outsource their global websites using proxy-based technology. We are thankful to the jury for the vindication this decision has provided.”
TransPerfect was represented throughout the three-year legal proceedings by lead attorney Douglas Lumish and partner Jeffrey Homrig of Latham & Watkins, and Co-Counsel Okey Onyejekwe, Jr. of Kasowitz Benson Torres & Friedman, along with their respective teams in both Silicon Valley and New York.
With annual revenues of more than $350 million, TransPerfect is the world's largest privately held provider of language services and technology solutions. From offices in more than 80 cities on six continents, TransPerfect offers a full range of services in 170+ languages to clients worldwide. With an unparalleled commitment to quality and client service, TransPerfect services are fully ISO 9001 and EN 15038 certified. TransPerfect has global headquarters in New York, with regional headquarters in London and Hong Kong. For more information, please visit our website at www.transperfect.com.