Practice Areas
We specialize in helping clients in intellectual property and commercial matters
Patents
Copyrights
Trademarks
Trade Secrets
Commercial Litigation
Patents
PATENTS
We specialize in filing patents and in high-stakes patent litigation.
We specialize in filing patents and in high-stakes patent litigation. We represent both patent owners and accused infringers in high-stakes patent matters in District Courts nationwide, before the International Trade Commission (ITC), and before the Patent Trial and Appeal Board (PTAB). We have deep experience in the major centers of patent litigation, including in Northern, Central and Southern California, Delaware, Washington DC, and Texas. We are equipped to handle patent cases in any jurisdiction.
We commit to your case from day one and are hands-on in actively developing case strategy, analyzing the strengths and weaknesses of a case, evaluating potential opportunities for resolution, and preparing the case for trial. Because of this targeted and focused approach, we are able to identify key trial issues early and avoid wasteful litigation tasks such as unnecessary discovery and motion practice. Our trial-focused approach promotes efficiency and drives results.
Representative patent matters include:
- Ex Parte Reexamination of Patent Nos. 8,924,502 and RE46,386 (United States Patent and Trademarks Office, filed December 2022). Represent the patent holder in reexamination proceedings before the United States Patent Office.
- Pinn, Inc. v. Apple Inc. (Santa Ana, Central District of California, filed September 2019). Represented the plaintiff in a patent infringement action involving mobile device software and hardware products. Case resolved prior to trial.
- Aqua Connect et al. v. TeamViewer US LLC et al. (Wilmington, District of Delaware, filed July 2019). Represent the patent owner in a patent infringement action involving remote access software. After a 5-day jury trial, obtained verdict of $5.7 million, with finding of patent infringement and no invalidity.
- Scanning Technologies Innovations LLC v. Appetize Technologies, Inc. (Wilmington, Delaware, District of Delaware, filed August 2020). Represented the defendant in a patent infringement action involving point-of-sale software.
- In re Certain Exogenous Beta-Hydroxybutyrate Nutraceutical Products (International Trade Commission (ITC), Filed July 2019). Defended six respondents against a patent and antitrust complaint filed in the ITC involving weight-loss nutraceutical products. Received a complete non-institution decision for all clients across all asserted claims.
- New U Life Corporation v. Axcess Global Sciences, LLC (Patent Trial and Appeals Board, filed June 2019). Represent the patent owner in an Inter Partes Review (IPR) proceeding before the PTAB involving patented weight-loss formulations.
- RK Solutions et al. v. Equinox Nutraceuticals, LLC (Salt Lake City, District of Utah, filed October 2018). Represented the patent owner in a patent infringement action involving weight-loss nutraceutical formulations.
- Mt. Derm GmbH v. OPM (Los Angeles, Central District of California, filed January 2018). Represented the accused infringer in a patent infringement action involving permanent makeup needle cartridges.
- BioZone Labs v. Next Step Laboratories (New York City, Eastern District of New York, filed June 2018). Represented the patent owner in a patent infringement action involving skin care formulations and products.
- Adobe Systems Inc. v. Wowza Media Systems, Inc. (San Jose, Northern District of California, filed May 2011). Represented the plaintiff in a patent infringement and antitrust action involving video streaming software.
* Matter handled at a prior firm.
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Copyrights
COPYRIGHTS
We have specialized experience litigating and providing counseling on copyright matters.
We have specialized experience litigating and providing counseling on copyright matters. We work with a range of clients, from startups to the leading technology companies in the world, on copyright matters that run the gamut from a quick phone call to talk through a product design question, to developing a commercial strategy for compliance with the Digital Millennium Copyright Act, to litigating infringement cases in Federal Court.
Our representative copyright matters include:
- Actian Corporation v. Radisys Corp. et al. (Northern District of California, filed February 2022). Represented the plaintiff copyright holder in an action involving infringement of software copyrights and breach of contract. Case resolved prior to trial.
- Baylor Scott & White v. Actian Corporation (Western District of Texas, filed October 2021). Represent the defendant copyright holder in an action involving infringement of software copyrights and breach of contract.
- Covetrus et al. v. Actian Corporation (District of Maine, filed March 4, 2021). Represent the defendant copyright holder in an action involving infringement of software copyrights and breach of contract.
- Actian Corporation v. ElectrifAi, LLC (San Francisco, Northern District of California, filed July 2020). Represent plaintiff in a breach of contract, trade secret misappropriation, and copyright infringement action involving database software.
- Dale Tiffany v. Meyda Stained Glass, LLC (Los Angeles, Central District of California, filed January 2017). Represented defendant in copyright infringement action involving design of lighting products.
- DosSantos v. Wonderful Merchandise Group (Los Angeles, Central District of California, filed July 2016). Represented defendant in copyright infringement action involving photography for advertising.
- Infogroup, Inc. v. Gupta et al. (Omaha, District of Nebraska, filed February 2014). Represented plaintiff in a copyright infringement action involving database software, ultimately resulting in a $50 million judgment against the defendant.*
- Adobe Systems Incorporated v. Applian Tech., Inc. (San Francisco, Northern District of California, filed January 2009). Represented plaintiff in a copyright infringement action involving streaming video and audio distribution software.*
- Veritas Operating Corp. v. Microsoft Corp. (Seattle, District of Washington, filed May 2006). Represented plaintiff in a trade secret misappropriation, patent and copyright infringement action involving data storage software.
* Matter handled at a prior firm.
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Trademarks
COPYRIGHTS
We help companies protect valuable goodwill in their brands and handle a wide variety of trademark disputes.
We help companies protect valuable goodwill in their brands and handle a wide variety of trademark disputes. This includes trademark infringement, unfair competition, false advertising, cybersquatting, and breach of contract claims involving trademarks or trade dress issues, including those relating to:
- Trademark infringement
- Unfair competition
- False advertising
- Online infringement
- Cybersquatting and domain name issues
- Merchandising and licensing disputes
- Trade dress infringement
- Dilution
- Counterfeiting
- Trademark Trial and Appeal Board Practice
- Border-seizure procedures
We also prosecute trademark applications, maintain and police trademark portfolios, and prepare a wide range of trademark-related contracts including licenses, co-existence agreements, and settlement agreements.
Our representative trademark matters include:
- Appetize Technologies, Inc. v. Apptizer, Inc. (Los Angeles, Central District of California, filed July 2019). Represented plaintiff in a trademark infringement action involving point-of-sale software technology.
- BioZone Labs v. Next Step Laboratories (San Francisco, Northern District of California, filed May 2017). Represented plaintiff in trademark infringement, false advertising, and breach of contract claims involving cosmetic and personal care products.
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Trade Secrets
TRADE SECRETS
We assist clients in protecting trade secrets, managing risks, and enforcing and defending trade secret claims.
We assist clients in protecting trade secrets, managing risks, and enforcing and defending trade secret claims. We advise clients on practices and policies to maintain trade secret protection, including:
- “Clean room” design-around practices
- Hiring and employment practices
- Preparation of non-disclosure and intellectual property-ownership agreements
- Training programs to identify, maintain and protect trade secrets, and avoiding third-party claims
The effective handling of trade secret litigation requires a deep understanding of technology and the law, including the interplay between trade secret and patent law.
Our representative trade secret matters include:
- Actian Corporation v. ElectrifAi, LLC (San Francisco, Northern District of California, filed July 2020). Represent plaintiff in a breach of contract, trade secret misappropriation, and copyright infringement action involving database software.
- Flavor Producers, Inc. et al. v. Bar Bakers LLC (Superior Court, Los Angeles, filed October 2017). Represented plaintiffs in a breach of contract and trade secret case involving formulation and manufacturing of nutritional food products.
- Raytheon v. FLIR Systems et al. (Tyler, Eastern District of Texas, filed March 2007). Represented defendant against patent infringement and trade secret misappropriation claims involving infrared detector technology.*
- Optimal Markets v. FTI Consulting, Dr. Paul Milgrom et al. (Arbitration, filed December 2008). Represented Nobel-prize winning Stanford economist and an economics consulting company in a trade secret misappropriation action involving auction software technology.*
* Matter handled at a prior firm.
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Commercial Litigation
COMMERCIAL LITIGATION
We represent clients in an array of complex commercial disputes.
We represent clients in an array of complex commercial disputes including:
- Breach of contract
- Negligence
- Tortious interference
- Fraud
- Unfair competition
- Breach of warranty
We have a keen understanding of the client’s business objectives and tailor a litigation strategy to the size of the matter, the client’s exposure or up-side, and the significance of the case to the client. Recognizing that litigation may be just one part of a larger business strategy, we evaluate early exit options such as motions to dismiss, settlement, or summary judgment, as well as indemnification by third parties or insurance to minimize costs.
Our representative commercial litigation matters include:
- Spaciot LLC v. Pham et al. (Superior Court, Los Angeles, filed December 2020). Represent defendants in breach of contract case involving a real estate transaction.
- Appetize Technologies, Inc. v. Framework Sciences (Superior Court, Los Angeles, filed September 2018). Represented plaintiff in a breach of contract action involving enterprise business software.
- Titzer v. Industry Releasing, Inc. et al. (Superior Court, Los Angeles, filed April 2018). Represented defendant in a breach of contract and fraud case involving motion picture financing.
- BLK Enterprises v. Unix Packaging (Los Angeles, Central District, filed Feb. 2018). Represented plaintiff in trade secret, trade dress, and breach of contract action involving fulvic mineral beverage products.
- Flavor Producers, Inc. et al. v. Bar Bakers LLC (Superior Court, Los Angeles, filed October 2017). Represented plaintiffs in a breach of contract and trade secret case involving formulation and manufacturing of nutritional food products.
- Truyou Health, Inc. v. Creative Flavor Concepts, Inc. et al. (Superior Court, Los Angeles, filed September 2017). Represented defendants in an interference with contract, fraud, and breach of contract case involving beverage formulations.
- Elsevier Inc. v. Doctor Evidence, LLC (New York City, Southern District of New York, filed July 2017). Represented defendant in a breach of contract action involving scientific and medical information software.
- Natrol LLC v. Creative Flavor Concepts, Inc. (Superior Court, Los Angeles, filed February 2017). Represented defendant against negligence and breach of contract claims involving health supplements.
- Creative Flavor Concepts, Inc. v. Paramark Corporation (Los Angeles, Central District of California, filed October 2016). Represented plaintiff in asserting claims for negligence, breach of contract, and breach of warranty, involving health supplements.
