Examples of Trade Secret Matters

• Represented a California-based life sciences company in a case in which former employees and the new company they formed misappropriated trade secrets to develop competing technology relating to oligonucleotide synthesis and DNA printing technology. The favorable cash settlement of $22.5M would rank among the top-ten trade secret jury verdicts for a ten-year stretch according to data from Lex Machina. (California state court)
• Represented New York-based pharmaceutical company in a trade secret case against former employees and the company they founded. The court granted a preliminary injunction that was widely reported and that prohibited defendants from releasing its competing drug product. The Third Circuit upheld the injunction in part, and the case then favorably settled. (D.N.J.)
• Represented a subsidiary of a California-based public company that provides analog and mixed-signal semiconductors in a trade secret and breach of contract case involving power management semiconductor technology that resulted in a summary jury trial victory and then a favorable post-verdict settlement later that day. (Texas state court)
• Represented a healthcare management company in a trade secret and noncompete case against the company’s former general manager and the competitor that hired that manager. The Court granted in part our client’s motion for a preliminary injunction, and shortly thereafter the parties reached a favorable confidential settlement. (D. Del.)
• Represented a biometric sensors company against two former employees in arbitration involving claims of breach of contract and trade secret misappropriation. The arbitrator, a former federal judge, found in the company’s favor. (JAMS)
• Represented a global cosmetics manufacturer against two former employees in criminal and civil cases involving claims for fraud, trade secret misappropriation, and others regarding an alleged kickback scheme. The client achieved convictions against the individuals in the criminal case and favorable settlement in the civil case. (C.D. Cal. and California state court)
• Defended an advertising company against an alleged breach of a non-disclosure agreement and alleged misappropriation of plaintiff’s trade secrets to develop a media platform that gives grocery shoppers relevant digital ad messages and savings. Plaintiff sought tens of millions in damages. After our client obtained a series of favorable court rulings, the plaintiff dismissed its case following a favorable settlement. (M.D. Fla.)
• Represented an electronics manufacturing company and achieved a complete victory by obtaining a permanent injunction against a former employee to prevent his continued misappropriation of the company’s trade secrets regarding power conversion, measurement, and control technologies. (D. Colo.)
• Defended a semiconductor company and one of its executives. After these defendants had a temporary restraining order issued again, they hired David and his colleagues to replace their current counsel, after which David quickly changed the trajectory of the litigation by helping resolve the dispute and remediate any improperly retained documents. (N.D. Cal.)
• Represented a medical device company in six simultaneous cases involving software and hardware used to design orthodontic braces, resulting in a favorable settlement that included a significant payment to the client. The cases involved trade secret, trademark, and other claims. (N.D. Cal., W.D. Wis., ITC, and California state court)
• Represented a leader in biometric fingerprint security solutions in a case involving trade secret claims, resulting in a favorable settlement that created the world’s largest provider of fingerprint sensors and identity management software. (N.D. Cal.)
• Represented a fabless semiconductor company, in a trade secret and breach of contract case involving network architecture technology that resulted in a favorable settlement. (California state court)
• Defended an innovator of HD semiconductor chips, in a case that involved trade secret, copyright, antitrust, and unfair competition claims, resulting in a favorable settlement after the successful defeat of a motion for preliminary injunction on the trade secret claim. (N.D. Cal.)
• Defended a major manufacturer of watersports towboats in a trade secret and design patent case involving marine windshields, resulting in a favorable settlement. (M.D. Fla.)
• Represented a Texas-based mass media company in several trade secret disputes and in a high-profile employee mobility lawsuit involving a radio personality that resulted in a favorable settlement after David helped defeat a motion for preliminary injunction. (California state court)
• Represented a large number of companies and individuals - both trade secret owners and alleged misappropriators - in various aspects of civil and criminal trade secret disputes that did not go to court, including devising trade secret protection programs, investigating alleged misappropriation and valuing trade secret claims, drafting and responding to cease-and-desist letters, enforcing and defending against non-competition agreements, negotiating pre-litigation resolutions, hiring and terminating employees, performing trade secret audits, and dealing with issues related to employee mobility.

Examples of Patent and Other Litigation

• Defended Mountain View-based multinational public cloud computing company in over three dozen patent matters, including serving as a second chair in a jury trial in D. Del. and achieving an across-the-board victory with verdicts of invalidity and noninfringement in a case involving terrain visualization software where the plaintiff sought more than $100 million in damages.
• Defended a Korea-based, multinational public electronics in five patent cases. One in D. Del. involved a method of providing driving directions and resulted in complete victory in which the patent was invalidated by the PTO. Another case resulted in obtaining a writ of mandamus from the United States Court of Appeals for the Federal Circuit in a unanimous precedential opinion that rejected the plaintiffs’ novel attempt to defeat transfer by subdividing their patent rights geographically so that one plaintiff only suffered infringement in specific counties in Texas and directed the Western District of Texas court to transfer the cases to the Northern District of California.
• Defended a Fortune 50 consumer electronics company in several patent cases, including one that involved antivirus software that resulted in a favorable settlement that led to licensing a portfolio of patents. (D. Del., S.D. Fla., E.D. Tex., W.D. Wash.)
• Represented a San Jose-based public semiconductor manufacturer in several patent cases, including one in E.D. Pa. that involved voltage and temperature compensated amplifiers and resulted in a complete victory in which the case was dismissed shortly after O’Melveny filed a Rule 11 motion.
• Represented a biometric payment solutions company in an appeal that decided the ownership of fifteen patents, resulting in a Federal Circuit decision that gave a complete victory to the company. (Fed. Cir.)
• Represented two leading multinational consumer electronics companies in asserting patent infringement claims against a provider of wireless networking technology, resulting in a Federal Circuit decision approving, for the first time, of proving infringement through compliance with a technical standard. (Fed. Cir. and W.D. Wis.)
• Represented a major manufacturer of water sports boats in three patent cases, including cases involving wake-surfing technology that resulted in favorable settlements that included substantial royalty payments. (E.D. Tenn. and M.D. Fla.)
• Defended a California-based leading provider of video-streaming services in two patent cases, both in C.D. Cal., resulting in a favorable resolution that involved no monetary payment by the client.
• David also has substantial experience and success advising companies regarding proceedings in the PTO. He has been involved in dozens of ex parte and inter partes reexaminations, Inter Partes Review proceedings, and Covered Business Method proceedings.
• Represented the International Olympic Committee in a trademark infringement case against various websites that sold fraudulent tickets, resulting in a complete victory in the form of permanent injunctions against the websites. (D. Ariz. and N.D. Cal.)
• Represented, pro bono, a plaintiff who alleged a school district discriminated against her because of her Egyptian nationality and Islamic faith. David helped secure, at the time, the then-second largest award in a hostile school environment claim. (Ninth Circuit and D. Nev.)