July 18, 2006

Jenner & Block recently secured a significant jury trial win for long-time client Pechiney Plastic Packaging, Inc. and its parent company, Alcan, in a patent infringement and tortious interference dispute against its competitor, Cryovac, Inc.

Cryovac had sued Pechiney in federal court in Wilmington, Delaware seeking over $8 million in willful patent infringement damages and over $32 million in tortious interference with contract damages.

Prior to the trial, the court had found that Pechiney had infringed Cryovac’s patent, based on the judge’s initial interpretation of the patent claim at issue. But, after an eight-day trial headed by Partner Donald R. Cassling of the Firm’s Litigation & Dispute Resolution Practice and Partner Steven R. Trybus of the Firm’s Intellectual Property Practice, the jury rejected Cryovac’s tortious interference claims in their entirety. The jury also rejected Cryovac’s willful infringement claim and returned a verdict for patent damages of $2.5 million, which was less than Pechiney's pre-trial offer of judgment.

In addition to Mr. Cassling and Mr. Trybus, the attorneys on the trial team included Partners Shelley Smith and Patrick L. Patras, and Associates Gregory D. Bonifield, Brian P. O'Donnell, Joseph A. Schouten and Sara E. Tonnies