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MARSHALL – Siebman, Forrest, Burg & Smith recently helped Texas-based network security company Apcon Inc. win a hotly contested patent infringement lawsuit filed by California-based competitor Gigamon Inc. in the U.S. District Court for the Eastern District of Texas.

Siebman Forrest attorneys Michael C. Smith and A. Becca Skupin successfully represented Apcon with attorneys from Chicago-based Kirkland & Ellis.

During jury selection, Mr. Smith told the jury panel that Apcon did not infringe Gigamon’s patents and that the patent claims asserted at trial were invalid.

The jurors agreed in an April 23, 2021, verdict in the Marshall, Texas, courtroom of the Hon. Rodney Gilstrap, Chief Judge of the Eastern District. The jury deliberated less than three hours before finding that Apcon did not infringe Gigamon’s asserted infringement claims and that all of the claims were invalid.

The contested patents were U.S. Patent Nos. 8,570,862; 8,824,466; 8,873,557; 9,077,656; and 9,769,049.

Gigamon filed the lawsuit in 2019 based on claims that the contested patents were infringed by products manufactured by Apcon. In addition to the patent infringement allegations, Gigamon also asked the court to issue an injunction that would have prevented Apcon from continuing to sell its products.

Siebman Forrest is a Texas-based, trial-focused law firm widely known for its work representing local, national, and international clients in the U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas. The firm’s trial experience includes a wide variety of civil litigation, including patent, trademark and trade secret matters, as well as cases involving the False Claims Act, fraud, breach of contract, and wrongful death.

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