Bartko Pavia Secures Summary Judgment Win for Vir2us, Inc. on Eve of Trial

A Bartko Pavia team led by Brian Smith achieved a significant victory for its client, Vir2us, Inc., when the Federal Court in the Eastern District of Virginia granted summary judgment in favor of Vir2us.

In January 2019, Vir2us filed a complaint against Sophos Inc. and Invincea, Inc. alleging that they breached an agreement entered into between Vir2us and Invincea to resolve a previous patent infringement lawsuit.  In particular, Vir2us alleged that Sophos and Invincea failed to pay royalties and report on sales according to the terms of the agreement.  During the litigation, Invincea filed a counterclaim against Vir2us alleging that Vir2us breached the same agreement.  After oral argument by the parties and on the eve of trial, the Court granted summary judgment in favor of Vir2us on all counts, resulting in a complete victory as set forth in the Court’s attached April 2, 2020 Opinion and Order re Vir2us, Inc. v. Sophos Inc., et al., Civil Action No. 2:19cv18. In addition to Brian Smith, members of the Bartko team representing Vir2us include Alden Lee, Jeffrey Chen, Joe Fraresso, Jayne Laiprasert, and Paul Schuck.