Successes
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Won complete defense victory at trial over patent infringement and indemnity claims involving telecommunications patents asserted against wireless call routing systems
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Won summary judgment dismissing multi-million dollar trade dress and design patent claims against Nike over its famous AIR JORDAN basketball shoes, affirmed on appeal by the Federal Circuit.
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Won summary judgment on joint authorship claims, and a complete defense verdict at the jury trial on copyright infringement claims, for Disney and ten other entertainment companies sued by the widow of a famous screenwriter.
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Won summary judgment for the Roche companies, defeating a $200 million patent infringement suit, by invalidating three HIV-monitoring patents for obviousness and won appeal to the Federal Circuit and denial of rehearing en banc.
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Won a jury verdict of several million dollars, a permanent injunction and attorneys' fees against a maker of toy cars who infringed Mattel's HOT WHEELS trade dress.
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Won reversal on appeal for Kaiser Permanente, after taking over a case in which Kaiser had been preliminarily enjoined from using its own copyrighted photographs, with the Ninth Circuit finding "abuse of discretion" by the lower court.
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Won a broad covenant not to sue for Genentech in multidistrict litigation against a university asserting a reprised patent on recombinant DNA technology, avoiding millions of dollars in potential royalties.
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Won a unanimous jury verdict awarding several million dollars in compensatory and punitive damages to Hathaway Dinwiddie Construction, after a three-month jury trial involving fraud, contract and unfair business practice claims.
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Won a directed verdict for Mattel at the close of the plaintiff's case, in a trademark infringement trial involving Mattel's Pearl Beach BARBIE doll line, affirmed on appeal by the Ninth Circuit.
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Won a stipulated judgment and permanent injunction, with payment of damages, for Red Bull from defendants using the confusingly similar trademark "Arctic Bull" and a bull design on competing energy drink products.
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Won Nike the right to make and sell two-stripe athletic apparel and shoes free from suit by Adidas, after Adidas filed a covenant not to sue, conceding all claims over whether Nike's products infringed Adidas' three-stripe trademark.
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Won a substantial damages settlement and worldwide permanent injunction for K-Swiss, on the eve of trial in a trademark and trade dress infringement action, against a large retail chain that sold confusingly similar athletic shoes.
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Won reversal of a permanent injunction and set-aside of a willfulness verdict in a patent infringement case we took on post-trial for Abbott Laboratories, avoiding millions in damages and preserving Abbott's HCV genotyping product line.
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Won a two-month jury trial for CalComp over computer protocol for high-speed color printers, obtaining a directed verdict on the multi-million dollar trade secret and fraud claims, then settling the small contract claim for a partial offset of costs.
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Won summary judgment dismissing claims under the Federal Sherman Act and California Cartwright Act that Mattel monopolized the fashion doll market with its BARBIE line.
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Won a quick dismissal for Disney, avoiding a class action under the California Unfair Practices Act, over Disney's alleged failure to warn children of the dangers of smoking in G-rated animated films in which characters were shown smoking.
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Won cross-border actions in the U.S. and Germany against a German toy company that sought to rescind its assignment of copyrights and patent rights in the Bild Lilli doll, which was used in the creation of Mattel's BARBIE line.
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Won a favorable settlement for Borland Software, as a declaratory judgment plaintiff suing for infringement of seven patents on object-oriented software and business methods.
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Won substantial compensatory and punitive damages for Osterloh & Durham after a two-month trial over theft of trade secrets, conversion and interference with business relationships.
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Won summary judgment for Mattel in federal and state court suits over whether Mattel's TARZAN dolls infringed a studio's copyrights and other rights, affirmed by the Ninth Circuit and California Court of Appeals, respectively.
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Won a very favorable settlement for Foster Farms in a suit by Zacky Farms alleging violations of the California Unfair Practices Act, including secret rebates and sales below cost to two supermarket chains.
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Won summary judgment invalidating two semiconductor patents for obviousness asserted against Fujitsu, and won appeal to the Federal Circuit.
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Won summary judgment dismissing $2 billion copyright infringement suit against Mattel, and an award of $500,000 in sanctions against opposing counsel, affirmed on the merits by the Ninth Circuit.
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Won a $50 million reduction in creditor's claim for Bankruptcy Trustee, after revealing creditor's patent infringement claims on five computer and electronics patents to be vulnerable to invalidity and non-infringement defenses.