Trial pays better than settlement for Jenkens & Gilchrist in Forgent case

Jenkens & Gilchrist gambled and won when it spurned settlement offers and forged ahead with a trial in a suit seeking a share of patent licensing fees from former client Forgent Networks Inc. of Austin, which has been known as Asure Software Inc. since September 2007. On July 23, Jenkens, which was based in Dallas but closed its doors on March 31, 2007, won a nearly $4 million verdict in Jenkens & Gilchrist PC v. Forgent Networks Inc., et al. The jury found Forgent failed to comply with a resolution agreement that would pay the firm a share of money Forgent recovered from companies infringing on its patents, and that failure to comply was not excused by estoppel or waiver. On Aug. 4, 134th District Judge James Stanton of Dallas signed a final judgment ordering Forgent to pay Jenkens $3,140,387 in actual damages, $516,237 of prejudgment interest, $900,000 in attorney fees for preparation and trial, plus court costs and post-judgment interest. Jenkens didn't take three settlement offers, according to Stanton’s judgment. The first offer, good from Oct. 1, 2007, to Oct. 8, 2007, was for $1.4 million. The second, for $2,375,000, was offered from March 27, 2008, through April 7, 2008. On the same day the second offer expired, Forgent made a third offer for $2,450,000, and it expired on April 21, 2008.  
-- Brenda Sapino Jeffreys