Copyright Infringement Cases

• Rebis v. Universal CAD Consultants, Inc. (U.S.D.C. N.D. Cal. Case No. CV-96-04201 SC).  Successfully represented Computer Aided Design software maker in suit against former employees for infringement of copyrighted software.  Obtained judgment of infringement, permanent injunction and contempt sanctions against infringers for violation of injunction.  Decision reported at 189 F.3d 474.
• Verity, Inc. v. Broadvision, Inc. (U.S.D.C. N.D. Cal Case No. C 01-20501 RMW (PVT)).  Successfully represented enterprise search software company in suit for copyright infringement and breach of software license agreement against licensee.
• Yield Dynamics, Inc. v. Macrovision Corporation, et al. (U.S.D.C. N.D. Cal Case No. C02-05030 VRW).  Successfully defended software company specializing in content protection, digital rights management, and software licensing solutions against claims of copyright infringement.  Case settled after forensics discovery of opposing party’s computer.
• Portrait Displays, Inc. v. Speece, et al. (U.S.D.C. N.D. Cal Case No. C 04 1501 RMW (PVT)).  Successfully represented company in suit against former employees involving claims of copyright infringement and trade secret misappropriation related to company’s copyrighted computer display software.
• Inxight Software Company v. Verity, Inc. (U.S.D.C. N.D. Cal Case No. C 05-01660 CRB); Inxight Software Company v. Verity, Inc. (Santa Clara County, Cal. Sup. Ct. Case No. 050316).  Represented enterprise search software company in copyright, breach of contract and trade secret misappropriation suits against developer of text analytics software involving parties’ cross-licensing of software.  Both actions settled after federal jury returned verdict finding text analytics developer breached license agreement.
• Advanced Rotorcraft Technology, Inc. v. L3 Communications Corporation (U.S.D.C. N.D. Cal. Case No. C06-06470 WHA).  Successfully represented developer of flight simulation software in suit for copyright infringement and breach of license agreement relating to its copyrighted software.

Trade Secret Cases

• Applied Materials, Inc. v. West Coast Quartz Corporation (Alameda County, Cal. Sup. Ct. Case No. H-205622-1).  Successfully defended company against claims of trade secret misappropriation arising out of contract for supply of quartz parts for use in wafer fabrication machines.
• Draper Fisher Jurvetson Management LLC, et al. v U.S. Car Market, Inc. (U.S.D.C. N.D. Cal Case No. C 06-2591 WHA).  Defended venture capitalist accused of misappropriating alleged trade secrets contained in unsolicited business plan sent by start up company seeking funding.  Obtained dismissal with prejudice of all start up company’s claims.

Patent Infringement Cases

• Symyx Technologies, Inc. v. Intematix Corporation (U.S.D.C. N.D. Cal Case No. C 06-03276 MHP); Intematix Corporation v. Symyx Technologies, Inc. (Alameda County, Cal. Sup. Ct. Case No. RG 06273044).  Successfully represented materials company (nano, Bulk & Thin Film) in defense of patent infringement claims and in prosecution of related state court claims of trade secret misappropriation.

False Advertising/Trademark Infringement Cases

• GN Resound Corporation v. RXSound Corporation, et al. (U.S.D.C. N.D. Cal. Case No. C-00-20122 SW ENE).  Successfully represented medical device company in suit for trademark infringement and breach of fiduciary duty against company’s former Chairman and CEO who started company to sell similar product using similar mark.
• Entrust Administration, Inc., et al. v. eTrustDirect, Inc., et al. (U.S.D.C. N.D. Cal. Case No. C 06 06427 JW).  Represented administrator of self-directed IRA accounts in suit for false advertising and trade secret misappropriation against former employees who started competing business.  Obtained judgment, including permanent injunction preventing defendants from making false or misleading claims and award of attorneys’ fees.

General Commercial Cases

• Carver Family Trust, et al. v. Laboratory Skin Care, Inc., et al. (San Mateo County, Cal. Sup. Ct. Case No. Civ. 472229).  Defended corporation and board members against shareholders’ breach of fiduciary duty claims.  Successfully demurred to all claims against the corporation and obtained summary judgment of all claims against the board members.
• Kazaa, B.V. v. Stirling Bridge, Inc. et al. (Los Angeles County, Cal. Sup. Ct. Case No. BC371612). Defended investors in company against claims by third party that they induced the company to file a lawsuit in breach of an arbitration agreement between the company and third party.  Obtained dismissal of all claims and an award of attorneys’ fees in favor of clients under California’s anti-SLAPP statute. 
• Draper Fisher Jurvetson Management Company V, LLC, et al. v. I-Enterprise Company LLC (U.S.D.C. N.D. Cal Case No. C 03 1561 MMC (EDL)).  Defended general partner of venture capital fund against limited partner’s claims of fraud in sale of limited partnership interest and breach of fiduciary duty in management of fund.  Case settled after virtually all of limited partner’s claims were thrown out on summary judgment.
• Fardella v. Downey Savings and Loan Association, FA, et al. (Alameda County, Cal. Sup. Ct. Case No. 832428-1).  Defended S&L in class action suit by borrowers alleging S&L’s practice of paying “yield spread premiums” to borrowers’ mortgage brokers violated California Business and Professions Code section 17200 et seq.  Defeated borrowers’ motion for class certification and obtained summary judgment on all of borrowers’ claims.
• Deutsch Technology Research Company v. OrCAD (AAA Arbitration); Deutsch Technology Research Company v. MicroSim Corporation (Santa Clara County, Cal. Sup. Ct. Case No. CV-780538).  Successfully represented SPICE software developer on claims its distributor breached best efforts clause in distribution agreement after distributor purchased software developer’s competitor and competitor induced distributor to breach distribution agreement.
• Detjens v. Ross, et al. (San Francisco County, Cal. Sup. Ct. Case No. CGC – 03-422745).  Represented investor in suit to rescind securities purchase based on promoter’s fraud.  Obtained judgment for entire amount of investment, plus award of punitive damages and attorneys’ fees.
• Yield Dynamics, Inc. v. Macrovision Corporation (JAMS No. 11009243).  Obtained arbitration award, including attorneys’ fees, on behalf of software company in dispute over license to its electronic license management software.
• Bravara Communications, Inc. v. Moses Joseph, et al. (Santa Clara County, Cal. Sup. Ct. Case No. CV802243).  Successfully represented corporation against former director in suit involving claims of self dealing, breaches of fiduciary duty and breaches of stock purchase agreement.  Case settled after deposition of former director defendant.