Patent

Our team has collectively handled patent cases in district courts throughout the country, the United States International Trade Commission, the Patent Trial and Appeals Board, and the Federal Circuit Court of Appeals. Our experience spans a wide range of technologies, including computer operating systems, fixed networks, geolocation, internet advertising and content delivery, mobile devices and networks, search engines, semiconductors, and small-molecule pharmaceuticals. We have represented companies in patent litigation with their competitors and have defended companies facing patent assertions from non-practicing entities. We have tried patents cases and also helped our clients manage their risk in high-exposure cases by obtaining successful pretrial results, often at a fraction of the cost incurred by other parties facing similar claims.

Our approach in patent cases is to achieve a cost-effective result by focusing our efforts on the dispositive aspects of the case: claim construction, the key infringement arguments and prior art references, and arguments that will lead to a prompt and successful result in the case. Whenever possible, we try to find cost-saving approaches to routine tasks that may be necessary but do not advance the case toward a successful result, such as extensive drafting of contentions and managing document discovery. We pride ourselves on coming up with creative ways of dealing with these matters so that we can focus our time and our clients’ resources on issues that will win the case.

We also provide efficient and effective representation because we learn our clients’ business. Our discussions with technical personnel can focus quickly on the core issues without having to provide extensive background about the building blocks of a particular technology. We are also mindful that our clients cannot obtain a return on their investment in us, if conflicts prevent us from handling a matter for them. Our focused approach and size greatly diminishes the likelihood that conflicts will prevent us from leveraging the knowledge we gained in prior work for a client.

Copyright and Trademark

Our lawyers have handled copyright and trademark cases both large and small, including trials that the Daily Journal recognized as top defense verdicts in 2012 (one verdict) and 2016 (two verdicts). We have litigated in trial and appellate courts, and have advised clients about reducing the risk of potential litigation. We have worked on matters touching on computer programming languages, network hardware configuration, and online use of photographs and video imagery.

We work with our clients to evaluate the risks presented by a case, including issues that our adversary might not yet have explored. We determine the key trial arguments, but also focus on issues that can dispose of a case early, whether by summary judgment or a negotiated resolution.

Throughout this process, we make sure to understand our clients’ business goals. We are focused not just on winning the immediate case, but ensuring that the outcome fits well with our clients’ business needs.

Commercial Disputes

We believe that the hallmark of a trial lawyer is the ability to present complex business issues to lay judges and jurors. We are foremost a litigation and trial firm. While we have often deployed those skills in specialized areas like antitrust, copyright, and patent cases, our team has also handled a wide range of commercial disputes, including breach of contract matters, class-action defense, legal malpractice, and trade-secret matters. Our advocacy in these matters combines top-notch writing with strong oral advocacy in court. We leverage our knowledge about our clients’ business to provide effective and efficient representation, including creative thinking about counterclaims, defenses, and mediation that lead to cost-effective business resolutions of commercial disputes.

Trade secret and employee mobility

We have advised numerous companies in disputes regarding the movement of employees, both former and new employers.  We have successfully litigated such matters in numerous courts for both plaintiffs and defendants, including an arbitration matter in which we obtained a multi-million dollar judgment for our client.  We understand the importance and complexity of protecting intellectual property as employees transition, including against the backdrop of California law protecting mobility. 

We also take pride in our track record of resolving these disputes without the need for court intervention. We have led investigations to identify and remediate risk, and helped clients develop, negotiate, and execute forensic protocols to ensure intellectual property concerns are fully addressed, so our clients can focus on building their businesses. 

Likewise, we have worked with clients to preemptively develop processes to protect themselves from claims from former employers as they grow their teams, including conducting transition interviews and developing follow-up plans.

Antitrust

Our team has represented clients in numerous major antitrust litigations as both plaintiffs and defendants, including class-action defense.  We have also provided advice to clients on antitrust considerations, typically in litigation settlements that involve complex antitrust questions. Our antitrust work has covered a wide range of industries, including computer hardware and software, payment systems, pharmaceuticals, video games and wireless communications. We are active in the antitrust bar, including past service on the Executive Committee of the Antitrust and Unfair Competition Law Section of the California Bar and authorship of numerous publications on antitrust.

Our knowledge and experience in copyright and patent law provides us with particular insight for cases that arise at the intersection of antitrust and intellectual-property law. We have counseled clients on “reverse-payment” and “product-switching” issues in pharmaceuticals, including participation in a rare civil antitrust jury trial in a pharmaceutical case. We have also counseled clients on issues involving standardized technologies and FRAND obligations, and we have defended a major antitrust litigation involving alleged FRAND obligation breaches.

Antitrust cases in particular can involve a lot of discovery “churn,” with extensive written discovery and document production that has little or no effect on the ultimate case outcome. We apply the same philosophy to antitrust work as to other cases: Our lawyers apply a hands-on focus to the key issues, while looking for cost-efficient ways to dispose of routine tasks under careful supervision from our experienced team.