Tech & IP Litigation

We devote a substantial portion of our practice to representing technology companies in business disputes, including protecting their intellectual property rights.  These cases frequently involve the client’s core assets and have ranged from landmark patent lawsuits to confidential arbitrations regarding IP development agreements.  We also represent technology clients in lawsuits incident to their business operations, including against state and federal court putative class actions under consumer protection statutes, privacy laws, and the Fair Credit Reporting Act.

Representative Cases

Successful Post-Verdict Handling of Intellectual Property Dispute

A tech company and its founders hired us to take over their defense in post-verdict motion practice following a six-week trial in California state court.  The case involved allegations that our clients took intellectual property of their former employer and used it to build their successful start-up. A team led by Tyler Farmer and Kristin Ballinger briefed and argued the plaintiff’s post-trial equitable relief motion in Ventura County Superior Court.  In May, while that motion was pending and before judgment was entered, the case was resolved at mediation with Antonio Piazza.

Microsoft/Motorola Patent Litigation  

The firm represented Microsoft in a number of patent lawsuits.  In September 2013, we obtained a $15 million jury verdict on behalf of Microsoft in a case involving Motorola’s breach of commitments it made to standard-setting organizations that it would license certain of its standard essential patents on RAND (reasonable and non-discriminatory) terms.  The case was the first of its kind to proceed through trial, and established precedent that will guide future disputes over the licensing of standard essential patents. As part of this litigation, in April 2012, we argued motions resulting in a restraining order barring Motorola from enforcing any injunction against Windows sales in Germany that might arise from German litigation between the same parties, a landmark patent ruling.

InfoSpace Litigation

We represented the founder and former CEO of InfoSpace for injunctive relief under a non-compete agreement and for violation of the Uniform Trade Secrets Act.  We defeated preliminary injunctive relief, were awarded fees, and prevailed on summary judgment. We also represented the client in an action against InfoSpace in the Delaware Chancery Court to compel payment of defense costs in connection with the appeal from a $247 million Section 16(b) judgment against the client based on short swing profit claims.  We assumed representation of the 16(b) litigation from former counsel following the adverse judgment by handling the appeal to the Ninth Circuit. The matter settled after briefs were filed in the Ninth Circuit.

Defense of Patent / IP Development Dispute

We represented a Taiwan-based technology company in a complex patent  / IP development dispute with a Seattle-based technology firm. The matter was settled on favorable terms following mediations in San Francisco and Seattle.

Dismissal of Putative Class Action re Technology

We defended a technology company against a putative nationwide class action regarding apps from the iPhone App Store and Android Market. The trial court dismissed plaintiff’s claims without leave to amend.

Dismissal of Putative Class Action re FCRA

We obtained dismissal of a putative nationwide class action alleging that an Internet company’s sale of database information violated the Fair Credit Reporting Act (FCRA). The case was resolved for a nominal amount while the appeal was pending.