Experience
Hanson v. Cable (1st Dist. Court of Appeal 2015)
Represented an NFL football team before the trial court, Court of Appeal, and California Supreme Court in a high-profile employment dispute turning on the enforceability of a coach’s arbitration agreement. We confirmed the underlying arbitration award, prevailed on appeal, and successfully opposed Supreme Court review.
Tse v. Google, Inc.
Represented Google in the Federal Circuit Court of Appeals seeking affirmance of a Northern District of California ruling that a digital rights management patent was invalid. The Federal Circuit ruled in favor of our client, affirming invalidity of the asserted patents.
Perfect 10 v. Giganews (9th Cir. 2016)
Represented Public Knowledge, Electronic Frontier Foundation, the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries in filing an amicus curiae brief in support of Giganews, an online newsgroup host, in the copyright case of Perfect 10 v. Giganews, which is pending before the 9th U.S. Circuit Court of Appeals. The brief urged the court to maintain the important protections provided to innovators of new technologies and services that have developed over the last several decades by affirming the district court ruling.
Nibler v. Monex Deposit Co. (4th Dist. Court of Appeal 2013)
Obtained reversal of a trial court order denying our client’s motion to compel arbitration.
Rotatable Technologies v. Motorola Mobility LLC and Quickoffice Inc.
Obtained a non-infringement judgment for defendants Motorola Mobility and Quickoffice Inc. on 47 mobile devices in a patent case in the U.S. District Court for the Eastern District of Texas. Judgment was upheld on appeal.
Area 51 Productions v. City of Alameda
On appeal, we won a dismissal on anti-SLAPP grounds of an event promotions company’s business tort claims against a local city and its officials, with an award of attorney’s fees. Plaintiff voluntarily dismissed the rest of the suit. Area 51 Productions, Inc. v. City of Alameda, 20 Cal. App. 5th 581 (2018).
Fyock v. City of Sunnyvale
Defeated a Ninth Circuit appeal of the district court’s denial of a preliminary injunction motion in a high-profile case challenging a local gun safety ordinance on Second Amendment grounds, including defeating requests for an emergency stay of the ordinance made to the Ninth Circuit and then the U.S. Supreme Court. 779 F.3d 991 (9th Cir. 2015)
MedioStream Inc. v. Acer America Corp et al
Defended Sonic Solutions in a patent infringement suit originally filed by MedioStream, Inc. in the Eastern District of Texas, that asserted infringement claims on two patents pertaining to technology for recording video information onto discs and were directed at Sonic's digital video and DVD software products. In a precedent-setting tactical victory, we obtained an appellate order transferring the litigation from the Eastern Texas to Sonic Solutions' home jurisdiction in Northern California. 626 F. 3d 1252 –(Fed. Cir. 2010) The trial court eventually dismissed - 869 F. Supp. 2d 1095 (N.D.Cal 2012) (granting motion to dismiss)
United States v. Kaczynski (9th Cir. 2009)
Prepared an amicus brief for the Unnamed Victims of the Unabomber, who sought to prevent him from profiting from the sale of his personal property.
AP Companies, LLC v. Kriti Properties (2d Dist. Court of Appeal 2010)
Defended an appeal from a trial court judgment confirming an arbitration award in favor of our clients, and prevailed on our cross-appeal to have the judgment amended to have an alter ego named as a joint judgment debtor.
Bilski et al v. Kappos (561 U.S. 593 (2010)
Submitted an amicus brief on behalf of Dolby Laboratories for the Supreme Court of the United States in the landmark Bilski ruling relating to business method patents. The Supreme Court relied on and cited for the proposition in overturning the Federal Circuit Court of Appeals opinion and addressing the scope of what is patentable under section 101 of the Patent Act. Specifically, that exclusive adoption of a “machine-or-transformation test” for patent eligibility “would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.”
Vaden v. Superior Court (Outdoor Ventures) (6th Dist. Court of Appeal 2015)
Defeated plaintiff’s petition for writ of mandate seeking to overturn the trial court’s grant of summary adjudication in our client’s favor.
Viacom International Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012)
Submitted amicus briefs in support of YouTube in its successful DMCA defense against a nine-digit copyright claim by Viacom.
