In Transweb v. 3M, Seth Waxman argued for the appellant 3M, but the CAFC affirmed the judgment of Judge FaithS. Hochberg of DNJ. The beginning of the opinion shows the extent of 3M's loss:3M sued TransWeb for infringement of several patents.TransWeb sued for declaratory judgment of invalidityand non-infringement of the patents. A jury foundthe patents to be invalid based on TransWeb’s prior publicuse of the patented method. In accordance with an advisoryverdict from the jury, the district court found thepatents unenforceable due to inequitable conduct. Thejury also found 3M to be liable for a Walker Process antitrustviolation and that attorney fees were an appropriateantitrust remedy. The district court awarded approximately$26 million to TransWeb, including trebled attorneyfees as antitrust damages. The primary issues arewhether sufficient corroborating evidence exists to supportthe finding of prior public use by TransWeb, andwhether the attorney fees are an…
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