Irvine, CA
Litigation Lawyer at Irvine, CA
Practice Areas: Litigation, Intellectual Property
OUTCOME: Dismissed for lack of specific jurisdiction
Copyright infringement action brought by music producer against the Vietnamese company VNG, alleging that thousands of songs were illegally being downloaded via defendant's Zing.mp3 app
OUTCOME: Jury Verdict Overturned (Upheld on Appeal)
After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding n ... o likelihood of confusion between plaintiff's and defendants' trademarks, no common law trademark infringement, no viable unfair competition claims, and ordering a new trial on the remaining issues. Update: Oral argument in Falcon's appeal of the post-trial rulings was held before the 9th Circuit Court of Appeals in February 2014, and on May 5, 2014 the appellate panel affirmed judgment in Rino's favor.
OUTCOME: Monster prevailed at arbitration; arbitration award confirmed by the District Court
The Hard Rock Hotel in Las Vegas and the hedge fund which owns the hotel brought a trademark infringement and breach of contract action against Monster Energy Company alleging that the Monster "Rehab" ... trademark reverted to the Hard Rock Hotel after five years, and the sale of the trademark was not a sale but actually a license.
OUTCOME: Defense Verdict (by Summary Judgment)
Securities fraud action brought by aggrieved investors against lighting manufacturer and its officers and directors. Defendants prevailed after 5 years of litigation when their summary judgment motion ... was granted the week before trial.
OUTCOME: Judgment for plaintiff (by stipulation)
Plaintiff MTD filed suit against its insurer seeking recovery of attorneys fees for the underlying action, which Travelers had belatedly agreed to defend. MTD sought attorneys fees retroactively from t ... he filing of the underlying action. Judge Seeborg ruled that the insurer owed a duty to defend, and plaintiffs filed a motion for summary judgment for quantification of attorneys fees.
OUTCOME: Defense verdict
This was the re-trial of the complex toxic tort case brought by 32 plaintiffs in Santa Rosa, Calfornia, who alleged that OCLI and other defendants had improperly disposed of chemical waste which had mi ... grated to plaintiffs' wells and caused a variety of medical problems. The trial of the case took 4-1/2 months, and was the longest civil jury trial in the history of Sonoma County. After hearing more than 100 fact and expert witnesses in over 4 months of testimony, the jury returned in a little more than two hours with a complete defense verdict, finding that OCLI and its co-defendants had not contributed to the contamination in plaintiffs' wells.
OUTCOME: Confidential settlement
Railroad brought action for recovery of cleanup and response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Defendants moved to dismiss for failure to st ... ate a claim under Section 107 of the Act based on the U.S. Supreme Court's holding in Cooper Industries, Inc. v. Aviall Services, Inc.
OUTCOME: Confidential settlement
Trade secret misappropriation case brought by OCLI against former employees alleging misappropriation of WDM filter technology, which is used to separate information pathways for transmission of data o ... ver the internet. The contentious case involved testimony from officers of Corning, Sonoma Photonics, and Denton Vacuum, and was overseen by Judge Ambler of JAMS, who was appointed as discovery referee in the matter. The matter settled just before trial, when Bookham purchased Cierra Photonics.
OUTCOME: Settled
Plaintiff J.K. Harris & Co. sought and was granted a TRO and injunction against a competitor who had utilized SEO techniques so that his competing website appeared whenever JK Harris was typed into Goo ... gle or other popular search engines. Relief was sought under the provisions of the Lanham Act and common law unfair competition, on the grounds that the competitor was creating consumer confusion and that the competitor's website unfairly commented (e.g., defamed) JK Harris & Company. The injunction, was subsequently partially overturned upon reconsideration.
OUTCOME: Settled
The band Phish sought to enjoin defendant from selling tee shirts that contained parodies of its lyrics and/or song titles (e.g., a tee shirt that had the word "Glide" on what appeared to be a bottle o ... f Tide detergent). Although plaintiff and defendant were both domiciled in Vermont, plaintiff filed suit in San Francisco. The case was transferred back to Vermont on forum non conveniens grounds, and at the OSC hearing on the preliminary injunction the court declined to enjoin the defendant's conduct, finding that the vast majority of the defendant's designs were not infringing.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
