Experience

Networking and Cybersecurity Solutions Company Patent Infringement Lawsuit

Represented a multinational networking and cybersecurity solutions company in a 6-patent infringement lawsuit in the Western District of Texas and in the related IPR proceedings. The lawsuit accused a broad range of data center-related technology, including routers, switches, firewall devices, and the company’s operating system of infringement. The matter resolved with a settlement favorable for our client.

Adobe Prevails in Writ of Mandamus Petition Seeking Transfer Out of WD of Texas

The Federal Circuit Court of Appeals granted Adobe Inc.’s writ of mandamus petition seeking to transfer a patent case from the U.S. District Court for the Western District of Texas to Adobe’s home forum in the Northern District of California.

California's Equal Pay Act

Represented global technology retailer in a putative class action alleging pay disparities under California’s Equal Pay Act and Private Attorneys General Act; obtained favorable settlement pre-discovery.

Discrimination-based Failure to Hire Litigation

Obtained summary judgment for global e-retail and technology company in civil litigation alleging failure to hire based on race, national origin, age, and religious discrimination.

Huawei Technologies and Futurewei Technologies v. Yiren “Ronnie” Huang and CNEX Labs, Inc.

After a 3-week jury trial in Eastern District of Texas, successfully defended start-up CNEX Labs in a bet-the-company case against all claims of trade secret misappropriation, CFAA, RICO, and tortious interference brought by Huawei Technologies and Futurewei Technologies and attained a finding of misappropriation of trade secrets against Huawei in the field of SSD controller technology.

Integral Development Corp. v. Viral Tolat

We defended the co-founder and former Chief Technology Officer of a software company against claims alleging trade secret misappropriation (among others) after he took a position with a rival company.  Our vigorous defense of this matter included a successful summary judgment motion and opposing an appeal that followed. 

BladeRoom v. Facebook and Emerson

After a five-week jury trial before the U.S. District Court for the Northern District of California, our team won for UK-based BladeRoom a $30 million verdict against global manufacturing giant Emerson for willful and malicious misappropriation of trade secrets and breach of a non-disclosure agreement relating to BladeRoom’s revolutionary new methodology for constructing warehouse-sized data centers. The Daily Journal named this one of the “Top Verdicts” in California in 2018. The Court subsequently awarded BladeRoom an additional $30 million in exemplary damages and $17 million in prejudgment interest, for a total judgement exceeding $77 million. Our client settled with Facebook after the first week of trial.

Private Attorney Generals Act Litigation

Represented global e-retail and technology company in litigation under California’s Private Attorneys General Act alleging non-compliant break policies and unpaid wages; obtained favorable settlement after limited defense discovery.

United States v. Mogal, Zhang, et al.

This trade-secret-theft case was indicted in June 2018 against five former and one current Fitbit employees alleging that each defendant unlawfully possessed trade secrets of their former employer Jawbone, Inc.  We are counsel for the one current Fitbit employee, Ms. Zhang, in a high profile and closely watched federal criminal case pending in the Bay Area.  No trial date has been set.  U.S. District Court for the Northern District of California (San Jose Division), Case No. CR 18-00259BLF

Blue Spike v. Adobe Systems

Defended Adobe Systems in a five-patent case relating to signal abstraction technology involving 70+ defendants. We successfully obtained a transfer of venue from the Eastern District of Texas to the Northern District of California followed by a judgment of non-infringement. Argued appeal before Federal Circuit seeking recovery of attorney's fees.

Comcast v. Promptu Systems

In response to patent litigation against Comcast, we have filed six IPR petitions challenging the three asserted patents. All six IPRs have been instituted for review on all grounds by the Patent Office. Final decisions will issue in mid-2019.

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.

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.

Waymo LLC v. Uber Technologies, Inc. et al.

Appointed by federal court Judge William Alsup of the Northern District of California, John Cooper is serving as “special master” in Waymo’s trade secrets case against Uber, putting him at a focal point of what could be seen as a battle for the future of the autonomous vehicle industry.

Albert Jones v. Google Inc.

Represented Google in a multi-defendant patent infringement action in the Northern District of California involving smart phone, smart watch and headphone technologies. Following a claim construction hearing, the court ruled in favor of defendants.

Volterra Semiconductor v. Primarion & Infineon Technologies

We obtained a unanimous verdict in a three-week patent jury trial for our client Volterra Semiconductor in the United Stated District Court for the Northern District of California upholding the validity of Volterra's key patents for flip chip integrated power switches against challenges by defendants Infineon and Primarion. Infringement in favor of our client had been determined prior to trial as a result of key rulings we obtained in favor of Volterra in connection with claims construction and summary judgment proceedings.

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.

Round Rock Research v. Dell Inc.

Defended Dell in the U.S. District Courts for the Eastern District of Texas and the District of Delaware against allegations that its products infringed 20 patents across a wide range of technologies involving DRAM, server management and monitoring, and BIOS.

Disney Enterprises, Inc. et al. v Hotfile Corp., et al.

Represented a cloud storage company against copyright infringement claims brought by five major movie studios in federal district court in Florida. The case involved cutting-edge issues of law under the DMCA, the Stored Communications Act and the Copyright Act in the cloud-computing context. 798 F. Supp. 2d 1303 (S.D. Fla. 2011)(motion to dismiss denied in part)

Cioffi, et al. v. Google Inc

Defended Google in the U.S. District Court for the Eastern District of Texas in a four-patent case relating to multi-process web browsers. The case is currently pending a post-trial invalidity decision based whether the reissue patents improperly recaptured disclaimed subject matter under 35 USC section 251.

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. 

In re Lithium Batteries Antitrust Litigation

Represented Dell in lithium batteries antitrust litigation as class opt-out plaintiff in federal multidistrict litigation against suppliers of lithium ion batteries for alleged price-fixing of the batteries which are used in laptops.

Firm Highlights

Publication

Turmoil in the SPAC Market: What Private Tech Companies Should Consider Before Going Public Via a SPAC

In the spring of 2021, one of the hottest markets—the market for special purpose acquisition companies, or SPACs - has “screeched to a halt,” according to CNN . As the SPAC market grew red...

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News

Doug Dexter Elected Chair-Elect of ABA Labor and Employment Law Section

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News

How I Made Partner: 'I Started Bringing in Cases That Generated Work for Me and for Others at the Firm,' Says Winston Liaw of Farella Braun + Martel

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Publication

What to Know About Taking a Data Center Company Public Through a SPAC

A recent IPO by InterPrivate IV Infratech Partners, a digital infrastructure-focused special purpose acquisition company, or SPAC, raised $250 million. Its impressive fundraising and management team, led by former CyrusOne CTO Kevin Timmons, may cause privately...

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Publication

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation focused around the intellectual...

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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News

Four Farella Intellectual Property Partners Named 2021 IP Stars; Firm Recommended for Patent Litigation

Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , and Stephanie P. Skaff  have been named IP Stars by Managing Intellectual Property in its 2021 guide to the...

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Publication

IP Law up for Best Supporting Role in the COVID-19 Relief Spending Bill and Other New Legislation

The new, more than 5,000-page spending bill (formally known as The Consolidated Appropriations Act), which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on...

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News

Farella Names Rebecca Stephens and Nadia Arid As LCLD 2021 Pathfinders

Farella Braun + Martel is proud to announce that senior associate Rebecca Stephens and associate Nadia Arid were selected to be members of the 2021 class of Leadership Council on Legal Diversity (LCLD) Pathfinders...

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Publication

Tips For Banks As USAA Check Deposit Patent Dispute Grows

In January 2020, we wrote a  Law360 guest article  that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check imaging technology. Nearly...

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