Clinicomp Corporation v. athenahealth, Inc. (Western District of Texas) and Cerner International, Inc. (Southern District of California). Represent Clinicomp as lead trial counsel on a patent infringement case where the Court has denied athenahealth’s summary judgment and Daubert motions and has cleared the way for Clinicomp to ask the jury to award $150 million for patent infringement by athenahealth. Case against Cerner in SDCA is also well underway. Clinicomp’s asserted claims have survived athenahealth’s and Cerner’s inter partes review (IPR), and the judgment of no invalidity by the Patent Trial and Appeal Board (PTAB) was upheld by the Federal Circuit Court of Appeals in April 2021.
Carucel Investments v. AT&T, Verizon Wireless and Novatel Wireless (Southern District of California). In April 2017, obtained as lead trial counsel a complete defense jury verdict of no infringement on four asserted patents for defendants Verizon Wireless and Novatel Wireless in a patent infringement matter relating to mobile handoff and relay technology that was successfully transferred by the defendants from Florida to California, where the plaintiff asked the California jury for an award of $50 million in past damages. Successfully defended complete defense jury verdict on appeal before the Federal Circuit Court of Appeals in May 2018.
Dynamic Digital Depth Research, PTY Inc. v. LG Electronics, Inc. (Central District of California). Counsel for plaintiffs Dynamic Digital Depth Research (DDD) in a patent infringement matter relating to defendant’s 3D TVs. Case settled on favorable terms for DDD.
Aylus Networks, Inc. v. Apple (Northern District of California). Lead counsel for plaintiff Aylus Networks in a patent infringement matter relating to delivering content from a media server to a media renderer using a wireless device. Argued appeal on behalf of Aylus Networks before the Federal Circuit in March 2017.
LIQWD, Inc. and Olaplex LLC v. L’Oreal (District of Delaware). Lead counsel for plaintiffs LIQWD, Inc., and Olaplex LLC in a case for patent infringement, theft of trade secrets and breach of nondisclosure agreement relating to three bond-building products that protect hair during bleaching treatments. Settled on favorable terms after receiving a $91.3 million jury verdict.
USC v. University of California, San Diego (Southern District of California). Counsel for defendant USC in a lawsuit relating to breach of duty of loyalty, interference with contract, conversion, violation of government codes and civil conspiracy relating to the Alzheimer’s Disease Cooperative Study (ADCS) under a cooperative agreement with the National Institute on Aging (NIA), which is one of the National Institutes of Health (NIH). The ADCS facilitates the testing of new drugs for the treatment of Alzheimer’s disease and coordinates clinical trials at approximately 70 academic medical centers and research clinics in the United States and Canada. Case settled based on a payment of $50 million by USC to UCSD.
Merck Sharp & Dohme Corp. and Intervet, Inc. v. Med-Pharmex, Inc. (Southern District of California). Counsel for plaintiffs Merck Sharp & Dohme Corp. and Intervet in a patent infringement matter relating to defendant’s proposed otic suspension veterinary drug product (generic product), as described in Abbreviated New Animal Drug Application (ANADA) No. 200-536. Case settled on favorable terms for Merck.
Mformation Technologies, Inc. v. Research In Motion (Northern District of California). Lead counsel for plaintiff Mformation Technologies in a patent infringement matter relating to wireless device remote management technology. Obtained a $147.2 million jury verdict on behalf of Mformation.
Great Call v. Dyna LLC (AAA Arbitration, San Diego). Obtained a complete defense verdict as lead counsel for defendant Dyna in a technology license breach of contract dispute relating to wireless handset and infrastructure technology.
Crossroads Systems, Inc. v. Overland Storage, Inc., et al. (Western District of Texas). Lead counsel for defendant Overland Storage in a patent infringement suit relating to network storage libraries, both tape-based and disk-based. Case settled on favorable terms for defendant.
Telespree Communications v. Mformation Technologies, Inc. (Northern District of California). Lead counsel for defendant Mformation Technologies in a trade secrets action regarding software platforms for activating, managing and updating mobile devices over the air. Obtained a favorable result for Mformation by persuading Telespree, after limited discovery, to dismiss the case without prejudice.
SanDisk IL, f/k/a mSystems, Ltd. v. Samsung Electronics Co. Ltd. (AAA Arbitration, New York). Counsel for defendant Samsung in an arbitration for breach of a patent license and supply agreement. Case settled on favorable terms for Samsung.
Quantum Corporation v. Riverbed Technology, Inc. (Northern District of California). Lead counsel for plaintiff and cross-defendant Quantum in multiple patent infringement lawsuits regarding data storage products utilizing de-duplication technology. Case settled after a favorable claim construction ruling for Quantum.
Canon U.S.A., Inc., Eastman Kodak Company, Panasonic Corporation of North America, et al. v. Screentone Systems Corporation, et al. (Central District of California). Lead counsel for Peerless Systems in a lawsuit in which Panasonic had tendered its defense of the patent infringement case to Peerless. Case settled for nuisance value.
InfoVista S.A. and InfoVista Corporation v. Microsoft Corporation (Northern District of California). Lead counsel for plaintiffs InfoVista in a trademark infringement action regarding Windows Vista software. Case settled in the early stages on favorable terms for InfoVista.
State Compensation Insurance Fund v. Real Consulting and Software Development, LLC, et al. (Superior Court for the County of San Francisco). Lead counsel for plaintiff State Compensation Insurance Fund in a breach of contract, good faith and fair dealing, and fraudulent inducement matter relating to software development and implementation.
Kratos Defense and Security Solutions, Inc., and Kratos Government Solutions, Inc. v. Celeris Systems, Inc., et al. (Superior Court for the County of Orange). Lead counsel for plaintiffs Kratos Defense in a trade secrets, duty of loyalty and unfair competition matter regarding government contracts related to GPS and telecommunications software. Case settled on the eve of trial on favorable terms for Kratos Defense.