A defense verdict in a patent case venued in the Eastern District of Texas is a rare occurrence. The combination of Cooley LLP and the Focal Point achieved one of those hard to come by victories for its client, Vistaprint, in Tyler. After a week-long trial, the jury deliberated for only five hours before concluding there was no infringement and, thus, no damages.   

The Focal Point’s Role

The Focal Point worked closely with a team of Cooley lawyers to create a compelling story for opening, closing and witness exams. Explaining the Doctrine of Equivalents allegations to lay people was no easy task but the themes and images created by TFP and the Cooley legal team resonated for the six women and two men in the jury box. The Focal Point also provided on-site war room support and trial technology assistance throughout the trial. In addition, key graphics and trial support were given to our technical witnesses to explain how Vistaprint’s technology was substantially different than the ColorQuick patent being asserted. The evidence presentation concluded by working closely with our damages expert to show why the Plaintiff’s demand was pie-in-the-sky. In a masterful closing by Tom Friel, all the themes came together to wrap up our story and give the jury the information needed to find in favor of our client.


The jury returned a verdict of non-infringement and $0 damages after a longer-than-normal five hours of deliberations.


United States District Court for the Eastern District of Texas (Tyler, TX)

The Focal Point’s Client

CooleyThomas Friel
Christopher Campbell
Matthew Gubiotti
Brian Wikner