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.

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. 

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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)

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.

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.

Firm Highlights

Publication

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data about how...

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Publication

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners...

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News

Jeff Fisher Named Among California’s 2020 Top Trade Secrets Lawyers by the Daily Journal

SAN FRANCISCO, October 7, 2020: Farella Braun + Martel is proud to announce that Jeffrey M. Fisher was named among the “Top Trade Secrets Lawyers” in California by the Daily Journal . Jeff is...

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Publication

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras...

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News

TikTok Sues Over Trump Order, Calls President’s Decision Political

Janice Reicher, co-chair of Farella's White Collar Defense and Internal Corporate Investigations Group, commented in the Daily Journal article, "TikTok Sues Over Trump Order, Calls President’s Decision Political."

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Publication

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...

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News

Farella Braun Files Amicus Brief in Support of Humanitarian Organizations in Ninth Circuit Appeal of WhatsApp v. NSO

SAN FRANCISCO, December 23, 2020: Northern California legal powerhouse Farella Braun + Martel today submitted an amicus brief in support of civil society organizations in the NSO Group v. WhatsApp appeal pending before the...

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News

3 Things To Know After Busy WDTX Patent Judge's 1st Trial

Eugene Mar spoke to Law360 about the  MV3 Partners LLC v. Roku Inc.  case in the article, " 3 Things To Know After Busy WDTX Patent Judge's 1st Trial." In the article, Eugene said he's...

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News

Farella Braun + Martel Elevates Five to Partner

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Publication

Top 10 Practical Business Implications Arising From the Passage of the CPRA

California’s Proposition 24 passed as expected, and the new California Privacy Rights Act will change the privacy landscape created by the California Consumer Protection Act (CCPA), which went into effect only months ago. While...

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