Experience

ISIX LLP v. Boomi LP & Dell Inc.

Defended Boomi and Dell in the Western District of Texas on a patent case related to software integration technology.

KT Imaging v. Dell

Represented Dell on three patents related to imaging technology in the Western District of Texas.

hiQ Labs Inc. v. LinkedIn Corp.

Represented startup hiQ Labs Inc. in a precedent-setting litigation for data analytics, mining, and aggregator companies and their right to access publicly available data under the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act (CFAA), and a California state law on unauthorized computer access. The Ninth Circuit Court of Appeals affirmed hiQ’s preliminary injunction against LinkedIn.

Warner Bros. Records v. SeeqPod

We defended search engine SeeqPod in a copyright infringement matter brought by Warner Brothers Records and several other major music labels in the Central District of California. Warner is alleging that SeeqPod's technology allows the infringement of copyrighted materials, and is seeking a preliminary injunction. We are defending the action based on a number of "safe harbors" under the Digital Millennium Copyright Act ("DMCA").

SLL v. Wal-Mart Stores, et al.

We represented Wal-Mart Stores and Sam's Club in the Central District of California against allegations that a certain brand of jeans sold at Sam's Club infringed on the plaintiff's copyright and trademarks. The case settled with very favorable terms to Wal-Mart and Sam's Club.

Ran One v. Principa

We represented Ran One in a copyright infringement and trade secret misappropriation case brought against a former officer and director who attempted to create a competing company. The case settled favorably to Ran One.

B.C. Bones v. Battat

We represented B.C. Bones in a copyright infringement action relating to the design of three-dimensional dinosaur puzzles.  The case settled favorably to our client. 

Boldryev v. Frankel

We represented the original developer of WinAmp, the industry leading MP3 player, involving claims of fraud, copyright infringement, and partnership accounting by an alleged co-developer, following the sale of the company to AOL.  The case was successfully resolved.

Corbis v. Ofoto

We defended online photography service Ofoto, a subsidiary of Eastman Kodak, against first-impression claims of copyright and trademark infringement relating to the online sharing and exchange of photographs.   We obtained a successful settlement for our client. 

CyberMedia v. Symantec, et al.

Represented an Atlanta-based software development company and its officers in connection with copyright and trade secret claims arising out of the development and sale of a popular software program.

Electronic Arts v. Granite Bay Software

We represented Granite Bay Software, Inc., a developer of action/game software programs, in a copyright infringement and breach of contract case against a distributor of computer and video games. The action involved a dispute over the rights to software source code and the issue of whether certain successive game products were “derivative products” entitling Granite Bay to royalties. We counterclaimed on behalf of Granite Bay for copyright infringement and unfair competition, and ultimately negotiated a successful settlement of the case.

Risk & Value Engineering v. Loan Performance

We represented Risk & Value Engineering in a copyright infringement / breach of licensing agreement action relating to interest rate process software used to simulate and analyze market risk in the mortgage industry. After negotiating a stipulated preliminary injunction preventing the defendant from using the software, we settled this action through mediation.

WinWay Corporation v. The Job Guys

We represented WinWay Corporation, the developer of software that assists users in obtaining a new job, in a copyright infringement action against the owners of a web site designed to provide services to job seekers. The defendants were using a substantial portion of WinWay's software on their web site without authorization. We obtained a favorable settlement for WinWay.