Appellate Litigation

Appellate Litigation Representative Engagements

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.

Fyock v. City of Sunnyvale, 779 F.3d 991 (9th Cir. 2015) – 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.

UFCW & Employers Benefit Trust v. Sutter Health et al., 241 Cal. App. 4th 909 (2015) – We represent a class of self-funded payors in an antitrust action against the most dominant healthcare provider in Northern California. The defendants appealed from the trial court’s denial of their motion to compel arbitration, and the First District Court of Appeal unanimously affirmed. We also defeated the attempt of defendants to obtain California Supreme Court review, notwithstanding numerous amicus briefs submitted in support of review. The case is still pending, and defendants’ demurrer was recently overruled.

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.

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.

Rotatable Technologies LLP v. Motorola Mobility, et al., 567 Fed.Appx. 761 (Fed. Cir. 2014) – Defended Motorola Mobility and Google-subsidiary Quickoffice in a patent case concerning screen rotation technology. At the district court, we prevailed on a successful claim construction argument in the Eastern District of Texas, leading to a stipulated judgment of non-infringement and invalidity. On appeal, the Federal Circuit upheld the case-dispositive claim constructions and judgment.

Tse v. Google, 570 Fed.Appx. 941 (Fed. Cir., 2014) – 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.

Authors Guild v. Hathitrust (2d Cir. 2014) – Submitted an amicus brief on behalf of the Electronic Frontier Foundation in this landmark copyright case. The Second Circuit agreed with our argument that scanning and indexing millions of books for search purposes without consent of authors and publishers is a “fair use” under U.S. copyright law.

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.

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.

MedioStream v. Acer America Corp., 626 F.3d 1252 (Fed. Cir. 2010) – Filed a petition for writ of mandate to the Federal Circuit in a patent infringement suit originally filed in the Eastern District of Texas. In a precedent-setting tactical victory, we obtained a writ of mandate directing the trial judge in Marshall, Texas to transfer the action under 28 U.S.C. § 1404(a) to the Northern District of California. Our client later won a judgment of dismissal.

Bilski v. Kappos, 561 U.S. 593 (2010) – Submitted an amicus brief on behalf of Dolby Laboratories to the United States Supreme Court in the landmark Bilski ruling relating to business method patents. The Supreme Court relied on our brief in overturning the Federal Circuit Court of Appeals opinion and addressing the scope of what is patentable under section 101 of the Patent Act.

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.

Every Penny Counts, Inc. v. American Express Co., et al., 563 F.3d 1378 (Fed. Cir. 2009) – Defended Visa U.S.A. Inc. in a case where the plaintiff accused Visa’s gift card technology of infringing five patents. We prevailed on a case-dispositive claim construction at the district court, leading to a stipulated judgment of non-infringement on all five patents. The Federal Circuit upheld the claim construction and judgment on appeal. A petition for en banc rehearing and petition for writ of certiorari were both denied.

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.

Jett v. Penner, 439 F.3d 1091 (9th Cir. 2006) – Obtained a reversal of a summary judgment order denying a prison inmate relief on his claim for deprivation of medical treatment. On remand to the trial court, we settled the case.

Ghent v. Calderon, 279 F.3d 1121 (9th Cir. 2002)Represented an inmate on California’s Death Row in his federal petition for habeas corpus, and succeeded in overturning the death sentence. Read More