News
10 Oct 2006
DLA Piper successfully represents CollegeNET in dispute against Xap Corp.
Jury awards $8.5 million in damages; decision expands application of the Lanham Act
Press Release
(PORTLAND) - DLA Piper US LLP today announced that the firm has successfully represented CollegeNET, Inc., a leading provider of Internet solutions for higher education, in a dispute against Xap Corporation. At the conclusion of the nine-day trial in U.S. District Court, the federal jury awarded CollegeNET $4.5 million in damages related to unfair competition claims under the Lanham Act and $4 million after finding that Xap infringed on one of its patents.
Under the Lanham Act, the verdict confirmed CollegeNET's claim that Xap made false or misleading statements in the marketplace regarding the protection of the privacy of student data. The evidence revealed that Xap sold certain information such as social security numbers, names, addresses and dates of birth for at least 600,000 students. CollegeNET's claim was also based upon the false or misleading statements made by Xap to colleges and universities that the data would not be sold.
In addition, the jury upheld the validity of CollegeNET's patent #6,345,278 and awarded CollegeNET for Xap's infringement of that patent.
"This was a significant decision in the future application of the Lanham Act and we are proud to have represented CollegeNET during this complex case," said Art Beeman, a partner in DLA Piper's IP practice and leader of the firm's team that represented CollegeNET. "The DLA Piper team worked diligently to obtain a favorable verdict and the outcome reflects the strength and depth of the firm's IP practice. This case involves a significant application of the Lanham Act that will affect how Internet companies compete now and in the future."
In addition to Beeman, who is based in DLA Piper's San Francisco office, the trial team included Elizabeth Day and Bill Goldman from the firm's East Palo Alto offices. Christine Corbett, Carrie Williamson and Greg Lundell, also based in East Palo Alto, provided assistance in Portland.
DLA Piper's intellectual property practice offers clients comprehensive IP services, including trademark, copyright, patent prosecution, IP due diligence, strategic IP asset management and IP litigation services. The firm has more than 425 IP attorneys globally and 220 IP attorneys in the U.S., which ranks the group among the largest IP practices in the world and the U.S.
About CollegeNET, Inc.
CollegeNET, Inc. is focused on providing technologies that save institutions money and improve educational access and affordability for citizens. The company provides innovations in event and academic scheduling, decision support, admissions, web-based tuition processing, prospect management, alumni development, and e-mail management to colleges, universities and nonprofits worldwide. More than 1,000 institutions use CollegeNET software and e-solutions. The company is headquartered in Portland, OR.
About DLA Piper
DLA Piper has 3,200 lawyers and 62 offices in 24 countries throughout the U.S., U.K., Continental Europe, Middle East and Asia. It has leading practices in commercial, corporate and finance, human resources, litigation, real estate, regulatory and legislative, and technology, media and communications.
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CONTACTS:
Art Beeman, Partner, DLA Piper, 415.836.2579
Kristen Griffin, Media Relations, GreenTarget, 312.252.4107