Yetter Coleman represented Oklahoma Gas & Electric Company against a litigious patent-holder’s industry-wide patent case, coordinated within a multidistrict litigation proceeding in Oklahoma. The plaintiff patent-holder alleged that our client’s “smart meters” – digital electric meters which measure power consumption and wirelessly communicate with the utility – infringed three broad patents. Smart meters comprise the majority of all residential meters currently being installed throughout the country. The stakes were significant, as OG&E had undertaken a massive project with a grant from the Department of Energy to convert its entire system to smart meters.
After five years of litigation – during which the patents were upheld by the U.S. Patent Office in multiple administrative proceedings – OG&E prevailed on summary judgment that the patent-holder failed properly to accuse the meters in issue. This effectively eliminated the claims against OG&E.
Prevailing on MSJ paved the way for the manufacturer of the meters to reach a favorable settlement on behalf of OG&E, which included formal dismissal of all claims against our client.