Philip P. Caspers

Our client Banner Engineering was accused of infringing a patent relating to photoelectric sensing systems owned by Tri-Tronics.  Tri-Tronics was seeking more than $25 million in damages.  Banner Engineering added Phil Caspers to the defense team to assess the prior art, complete fact and expert discovery on the issue of patent validity, and try the case with his partner Al Underhill.  Based on this assessment of the prior art, the opposing technology expert was forced to admit that the prior art was not accurately represented to the Patent Office.  Following a two-week bench trial, the Judge entered judgment in favor of our client, holding the patent invalid as being obvious. The Federal Circuit affirmed that judgment, and also vacated the denial of our client’s request for attorney fees. Following a second proceeding and another favorable decision, we recovered our fees.