Case Study: Scharf v. Applied Materials
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Intellectual Property, Commercial
Defense Counsel: Orrick Herrington & Sutcliffe
“How the SEM works”

Problem:
Plaintiff alleged that his patent for the production of multicolored scanning electronic microscope (SEM) images had been infringed. An additional challenge was that the plaintiff is a well-known individual who has won numerous awards for his artistic use of the technology. The defendant is a multi-billion dollar global corporation. A mock trial confirmed that juror sympathy rested with plaintiff.

Solution:
Through a series of still graphics, animations and interactive tools, we demonstrated how a SEM works and how the defendant uses it for quality control during the manufacturing of chips. Because the device was designed to be used in a specific way only, and color actually hinders the QA process, the visuals clarified defense counsel’s argument that it could not infringe on plaintiff’s patent.

The case settled favorably for our client.

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