(PRESS RELEASE) On September 5, 2023, Fenix Diamonds, a high-end lab grown diamond supplier, prevailed at the Court of Appeals in the patent infringement case brought by the Carnegie Institution of Washington, and its corporate spin-off, M7D Corporation.
In 2020, Carnegie accused Fenix of infringing patents on growing the purest forms of single-crystal diamond. In particular, Carnegie alleged that the virtually perfect color, clarity, and crystalline structure of Fenix’s diamonds demonstrate that Fenix had copied Carnegie’s diamond growth technology. Fenix denied using any of Carnegie’s technology and aggressively litigated Carnegie’s claims.
Upon considering the evidence in 2021, U.S. District Judge Jed S. Rakoff dismissed all of Carnegie’s claims and entered summary judgment in favor of Fenix. Carnegie immediately appealed.
After litigating against Fenix in the Court of Appeals for two years, Carnegie has forfeited. On September 5, 2023, the Court of Appeals granted Carnegie’s request to withdraw their appeal. Carnegie’s request acknowledges that Fenix can now seek recovery of its attorney fees.
Comment by Naman Parikh, Fenix Diamonds Managing Director: From the outset, Fenix advised Carnegie that we would litigate this case to the end. Fenix was looking forward to the Court of Appeals affirming Judge Rakoff’s detailed and crystal-clear opinions. We stand by our processes, our customers, and the integrity of our business. Going forward, Fenix will continue to invest in the technology and sustainable practices that make us an industry leader.
Fenix was represented by Maxwell Snow of Consolidated Legal, LLC; Laura Lydigsen, Harold Johnson, Mark Remus, and Wei-Chih Hsu of Crowell & Moring LLP; and Daniel Waxman of Bryan Cave LLP.
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