Experience

321 Studios v Metro-Goldwyn-Mayer Studios, Inc. et al.

Represented nine major motion picture production companies in litigation related to a software product called "DVD Copy Plus," which allowed users to decrypt copy-protected DVDs and to duplicate and transfer the copyrighted contents and issues of first impression relating to the Digital Millennium Copyright Act, as well as copyright infringement claims, including challenge to the constitutionality of the anti-trafficking provisions of the DMCA. 

Actus LLC v. Bank of America Corp, et al

We defended Sonic Solutions in litigation filed in the Eastern District of Texas by Actus LLC, a patent holding company, that asserted infringement claims on four patents relating to an electronic payments system directed at companies offering prepaid gift cards and online payment options for customers.  We were able to obtain an early favorable settlement for Sonic to avoid further costly legal proceedings. 

Corporate Health Care Financing, Inc. v. Chris Fletcher and Tri-City Benefits, et al.

Successfully defended Tri-City Benefits and Chris Fletcher in a lawsuit filed in the United States District Court for the District of Maryland by the former employer of Mr. Fletcher which sought preliminary injunctive relief based on claims of alleged misappropriation of trade secrets, breach of restrictive covenants and solicitation clauses in Mr. Fletcher’s employment contract, as well as alleged theft and improper disclosure of confidential business information relating to the employee benefit plan industry.  After conducting extensive expedited discovery proceedings and avoiding a preliminary injunction, was able to settle this case for our clients on favorable terms. 

Creo Products v. Dainippon Screen

Successfully defended Japanese manufacturer Dainippon Screen against patent infringement and trade secret claims brought in the United States District Court for the Western District of Washington. Obtained summary judgment of non-infringement in our client's favor based on application of prosecution history estoppel, and summary judgment dismissing all other claims and an award for attorneys' fees in favor of our client. The district court judgment was affirmed in all respects by the Federal Circuit.

Do-Lin Metal, et al. v. DS-Max Int’l, et al.

Represented DS-Max in this patent infringement action filed in the Northern District of California. The case involved several design and utility patents on a carrying container for tools, and was successfully settled.

Drexler Technology v. Dolby Laboratories, Inc., et al.

This case, filed in the Northern District of California, involved patent infringement claims asserting that Dolby Digital sound-on-film technology infringed patents held by the plaintiff, Drexler Technology Corporation.  In addition to defending Dolby Laboratories, also represented a number of major entertainment companies (including Walt Disney Pictures, Fox, MGM, Universal Studios and Columbia Pictures) in this action.  After obtaining a claim construction (“Markman”) order supporting virtually every claim construction position advocated on behalf of our clients, the Court entered summary judgment in the defendant's favor on grounds of non-infringement and patent invalidity.

Eltoukhy v Castagna

Defended Paul Castagna and Golden Gate Financial against claims of trade secret misappropriation relating to development of computerized market timing systems.  Evidentiary hearing in Santa Clara Superior court on application for preliminary injunction.

Grunfeld v Taldan Investment Co.

Represented Ernie Grunfeld (current President of Basketball Operations for the Washington Wizards and former NBA star) in a two week trial before U.S. District Court Judge Lowell Jensen to successfully prosecute claims for breach of contract and breach of fiduciary duty against Taldan Investment Company arising from failed real estate investments.  (U.S. District Court, Northern District of California)

Gump v Wells Fargo Bank (San Francisco Superior Court)

Defended Wells Fargo Bank in a four month trial against multi-million dollar claims for breach of trust and breach of fiduciary duty. The trial involved a challenge to the bank's role as trustee for the Gump trust, whose primary assets were the Gump's department store in San Francisco, in addition to various real estate holdings and other assets. (San Francisco Superior Court)

MPS Acquisition, Inc. v Micro Power Systems, Inc., et al.

Defended Micro Power Systems, Inc. in a multi-million dollar suit for breach of contract, fraud and conspiracy resulting from failed acquisition negotiations.  Obtained judgment for the defendant, and then acted as lead counsel in a trial in Santa Clara Superior Court before the Honorable Conrad Rushing to successfully establish alter-ego liability against the principals of MPS Acquisition, Inc. to enforce recovery on cross-complaint. Obtained a verdict in favor of plaintiffs on all issues, which was affirmed on appeal.

BCCI v. Principal Builders, et al.

Successfully defended the founders of a start-up company who were sued in California state court by their former employer in the commercial design business based on claims of alleged misappropriation of trade secrets, breach of employment contracts and restrictive covenants.

Chris Arsenault v. Roger Wagner Publishing, Inc.

Successfully defended the former owner of Roger Wagner Publishing, Inc. against a claim by a software programmer for alleged joint authorship and ownership of the copyright to the successful multimedia educational software program Hyperstudio.

City of San Jose v. Paine Webber, Jackson Curtis, Inc., et al.

Defended William E. Pollack & Company in trial against claims by the City of San Jose arising from losses in excess of $70 million for alleged securities fraud and churning of City funds invested in reverse repurchase bond transactions.  (U.S. District Court, Northern District of California)

Compression Labs v SanDisk Corporation, et al

Represented AverMedia, a Taiwanese manufacturer, in connection with patent infringement claims asserted by Compression Labs relating to patents for digital compression technology.

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.

Danisco, et al. v Syngenta

Representing Danicsco in litigation pending in United States District Court for Northern District of California relating to enforceability of restrictive covenant in senior executive employment contract.

Digital Instruments v. Topometrix

Represented Topometrix in defending claims of patent infringement and asserted Walker-Process antitrust counterclaims in litigation involving two of the leading manufacturers of atomic force microscopes.  We obtained a favorable settlement for our client.

Diversified Collection Services, Inc. v. E.A. Smith

Obtained a judgment in excess of $1 million after trial in a AAA arbitration based on claims of breach of contract arising from a custom software development project for one of the nation’s leading student loan collection companies.

Dolby Laboratories v. Smart Devices, Inc.

Represented Dolby in a suit for trademark infringement, unfair competition and false advertising to enforce Dolby’s intellectual property rights related to one of its latest sound innovations – SURROUND EX. The case was filed in the Central District of California and resulted in a favorable settlement for our client.

Hewlett-Packard v. Advanced Laser Products

Successfully represented a small company that was charged with trademark infringement by Hewlett-Packard.  After defeating Hewlett-Packard’s application for a preliminary injunction, was able to negotiate a favorable settlement for our client.

In Re Napster, Inc. Copyright Litigation

Represented both Napster, Inc. and Musicnet in connection with the Napster litigation involving copyright and antitrust claims.  

Macromedia v. Ashford.com

Represented Macromedia in connection with an action against Ashford.com for claims arising from a software license and consulting agreement relating to Macromedia’s LikeMinds software.  We succeeded in avoiding extensive discovery and obtaining a prompt and favorable settlement for our client. 

Pragmatic C Software v. Cadence Design Systems

Represented a third party software developer in arbitration to assert claims relating to a dispute over licensing royalties and copyright infringement. Successfully obtained a multi-million award the developer after a 14 day trial.

S.Com v InServe

Successful defended venture capital fund at trial against various alter ego theories seeking to establish liability of investment entity.

Steele v. Nokia

Represented Nokia in a first-impression case in which the plaintiff has brought a products liability claim against Nokia arising out of the use of cellular technology in an automobile.  A successful dismissal was obtained.

Wavelink Media v. Stoneground Solutions

Represented three former employees and their start-up website design company in litigation filed by their former employer (another website design company) based on claims of alleged misappropriation of trade secrets (including client lists, marketing strategies and website design techniques and styles), trademark infringement and copyright infringement. The case was settled favorably for our clients through mediation.