Representative Work
BigBand Networks, Inc. v. Imagine Communications, Inc. Currently defending start-up Imagine against claims for infringement of switched digital video and video compression patents. USDC D.Del.
Allflex USA, Inc. v. AVID Identification Systems, Inc. Defended Allflex USA against claims for infringement of multiple RFID and EEPROM patents. Eliminated three of five patents-in-suit by summary judgment, and two others by litigation-compelled covenants not to sue. Obtained Federal Circuit affirmance of a related inequitable conduct ruling, and prosecuted Sherman Act claims based on patent misuse. USDC CDCal.
Alcatel USA, Inc. v. Advanced Fibre Communications, Inc. Defended claims for patent infringement and trade secret misappropriation, and prosecuted antitrust and unfair competition counterclaims. Defeated applications for TRO and preliminary injunctive relief, obtained jurisdiction-based dismissal of the trade secret claims, and won summary judgment against the patent claims. USDC EDTex.
DSC Communications Corp. v. Advanced Fibre Communications, Inc. Represented Advanced Fibre in cross-actions for trade secret misappropriation, antitrust violations, unfair competition, and related claims. California-based AFC was a start-up founded by former DSC employees to develop a competitive digital loop carrier system for the telecommunications industry. Obtained highly favorable settlement mid-way through an East Texas jury trial enabling AFC to conduct a successful IPO. USDC EDTex.
High Technology Careers v. San Jose Mercury News. Defended San Jose Mercury News against Sherman Act antitrust and unfair competition claims stemming from Mercury News' refusal to distribute competitive employment advertising publication. Won defense verdict after an eight week jury trial. The Ninth Circuit affirmed on appeal. USDC NDCal.
Diasonics, Inc. v. Acuson Corp. Prosecuted claims for patent infringement involving phased-array diagnostic ultrasound systems used in cardiology and other medical imaging applications. Won a verdict that Diasonics' patents were valid and infringed after an eight week jury trial. USDC NDCal.
McGrew v. Upper Deck Company, et al. Represented holographic origination manufacturer in defense of patent infringement claims involving laser-based strip multiplexed holography used to produce prestige sports trading cards. Obtained favorable settlement through pre-trial mediation. USDC NDCal.
Advanced Fibre Communications, Inc. v. RELTEC Corp. Represented AFC in prosecution of claims for trade secret theft, tortious interference with technology license, and unfair competition. The lawsuit stemmed from RELTEC's exploitation of technology obtained through a foreign AFC licensee. After jury selection, obtained multi-million dollar settlement for AFC. Sonoma County Superior Court.
Advanced Fibre Communications, Inc. v. Industrial Technology Research Institute et al. Prosecuted claims for trade secret misappropriation and breaches of technology license agreement against a foreign government-sponsored technology research institute, and its affiliate manufacturing companies. The case involved exploitation of AFC's digital loop carrier technology throughout China and Southeast Asia. After two years of intensive litigation, obtained a mediated settlement that provided AFC a multi-million dollar royalty payment, a base for significant future royalties, and reestablished control over AFC's technology. USDC NDCal, EDNY, and AAA International Arbitration.
Advanced Fibre Communications, Inc. v. Acer Nextus, Inc. Prosecuted claims for trade secret misappropriation, copyright infringement, and unfair competition against the telecommunications subsidiary of a major international PC manufacturer. Following an Asia-based sting that confirmed misappropriation, obtained permanent injunction that eliminated Acer from the market, permanently enjoined use of AFC technology, and required destruction of Acer's competitive products and technology. USDC NDCal.
UnitedBanc Investment Services LLC v. Wachovia Securities LLC. Won TRO, preliminary injunction, and favorable settlement for Union Bank and its brokerage subsidiary in action for employee trade secret theft, breach of fiduciary duty, client raiding, and related unfair competition claims. San Francisco Superior Court, FINRA Arbitration.
Hanson Financial Services v. Three Bridge Financial et al. Prosecuted claims for trade secret theft, breach of fiduciary duty, client raiding, unfair competition, and related claims stemming from senior employee defections to competitive start-up financial services firm. Obtained favorable, post-mediation settlement. Marin County Superior Court.
Sun-Flex Company, Inc. v. Novotek Corp. Represented plaintiffs Sun-Flex and Xidex Corporation in action for trade secret misappropriation and unfair competition against spin-off company and former Sun-Flex employees. Obtained temporary, preliminary, and permanent injunctions against misuse of Sun-Flex coating filter technology and customer information.
Not Us Ltd. v. Various John Does, et al. Represented exclusive licensee of rock group U2 in action for copyright, trademark, and Lanham Act violations to prevent unauthorized sale of U2 t-shirts, posters, and similar memorabilia at Bay Area U2 concert. Obtained TRO, preliminary injunction, and concert site, federal marshal-enforced arrest warrants against gray market perpetrators. USDC NDCal.
Stonehenge, Ltd. V. Mulberry Thai Silks, Inc. Represented the Estate of Jerry Garcia (former Grateful Dead guitarist) in action for trademark, copyright, and Lanham Act violations related to sales of "JGarcia" brand neckties. Defeated TRO and preliminary injunction applications. USDC NDCal.