San Jose, CA
Litigation Lawyer at San Jose, CA
Practice Areas: Litigation, Intellectual Property
OUTCOME: Appellate victory affirming preliminary injunction
Lead appellate counsel for Sierra On-Line in appeal of preliminary injunction prohibiting Phoenix Software’s use of the trademark “Hi-Res Adventure”; injunction affirmed in published opinion by Ninth C ... ircuit Court of Appeals (793 F.2d 1415 (9th Cir. 1984)).
OUTCOME: Plaintiff patent infringement judgment
Lead counsel for Rod Martin, an inventor of a grooved foam football, in patent case against infringing toy company in Northern District of California Federal Court. Obtained $1.25 million judgment agai ... nst defendant Marvlee after writing, arguing and winning summary judgment motions on liability issues.
OUTCOME: ITC trial victory; settlement
Defended two manufacturers of telephone DTMF dialer chips in United States International Trade Commission action brought by SGS-Thomson Microelectronics, Inc.; member of trial team in two week trial be ... fore ITC Administrative Law Judge; one respondent was found not to infringe any valid patent; the other respondent was found to infringe only one of three patents asserted, and favorable settlement was reached after judgment.
OUTCOME: Trademark trial; settlement
Lead trial counsel for Tandy Corporation in case against accused infringer of Tandy’s “Radio Shack” trademark; defendant agreed to stop using “Shack” mark on third day of bench trial in Northern Distri ... ct of California Federal Court.
OUTCOME: Plaintiff jury verdict; settlement
Represented Xilinx in a series of patent cases against Altera involving Field Programmable Gate Arrays and Programmable Logic Devices. Lead counsel in patent claim construction trial and summary judgme ... nt motions before Northern District of California Federal Court, which terminated Altera’s first infringement case and allowed Xilinx’s case to proceed to jury trial. Member of trial team that resulted in jury verdict for Xilinx. Led Xilinx trial team in subsequent International Trade Commission proceeding. Parties reached global settlement before ITC decision.
OUTCOME: Defense jury verdict
Lead trial counsel for defendants Eli Lilly & Company and Advanced Cardiovascular Systems, Inc. in a case in which they were accused of breach of contract and misappropriation of trade secrets relating ... to a heart atherectomy catheter. Two-week jury trial in Northern District of California Federal Court resulted in verdict for defendants on all claims in case.
OUTCOME: Defense summary judgment; award of fees and expenses
Successfully defended Business Objects Americas (subsequently acquired by SAP) against MicroStrategy’s allegations that Business Objects infringed three MicroStrategy patents related to business intell ... igence software. Argued claim construction and summary judgment motions before District of Delaware Federal Court, resulting in summary judgment of invalidity of two patents and summary judgment of noninfringement of the other patent (410 F. Supp. 2d 348 (D. Del. 2006)). The Federal Circuit affirmed the judgment in all respects. Subsequently, the District Court ruled that the case was “exceptional” (555 F. Supp. 2d 475 (D. Del. 2008)) and entered an award of attorney fees’ and expenses (586 F. Supp. 2d 256 (D. Del. 2008)).
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