Philip P. Caspers | Samuel A. Hamer | Joseph W. Winkels

Phil Caspers, Sam Hamer and Joe Winkels scored a $75 million win for ADC Telecommunications, Inc.  Following the dot-com bubble, ADC divested its data transport business unit, but retained the patent assets.  Looking to monetize those assets, Mike Ouyang of ADC contacted Phil Caspers to assess the value of a 10-year-old, pending application related to the divested business unit.  After some investigation, the team concluded that the application (filed in 1995) may be relevant to the developing 4G wireless standards that incorporate OFDM.  Caspers and Hamer developed a long-term strategy for maximizing the value of the pending application, without litigation. That strategy included relentless due diligence into emerging wireless technology and standards and aggressive use of often overlooked Patent Office procedures (including more than 50 accelerated filings and reissue applications) to perfect a broad portfolio of patent rights covering multiple fundamental features of the emerging wireless standards.  The team also developed and implemented a world-wide marketing plan to demonstrate to the industry the value of the portfolio and sell it.  That long-term strategy paid off.  In April of 2011, the team negotiated the sale of the patent portfolio for $75 million to HTC Corporation. The team’s work did not stop there.  Following the transaction, Caspers and Hamer assisted HTC in understanding and developing an enforcement strategy for the portfolio, and in an ITC action against Apple, the team provided assistance to HTC’s counsel representing key third party witnesses and defending prosecution counsel in trial depositions, ultimately scoring a successful result against Apple.