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Kenneth A. Kuwayti

Partner
Palo Alto, (650) 813-5688
Ken
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Ken Kuwayti's practice concentrates on complex commercial litigation and trials, with a particular focus on intellectual property and securities disputes.

Mr. Kuwayti represents U.S. and foreign corporations in intellectual property disputes and trials. His cases have involved a broad range of technology industries, including software, semiconductor, Internet, and life sciences.

Mr. Kuwayti has successfully brought, and defended, numerous trade secret cases in state and federal court. Mr. Kuwayti was a member of the team that successfully tried a recent high profile smartphone case leading to a jury verdict of over $900 million. He represented the University of California in patent litigation against a leading life sciences company over a pioneering patent involving human growth hormone. The resulting $200 million settlement, reached after a six-week jury trial, remains one of the top 10 settlements in any biotechnology patent case in the United States. 

Mr. Kuwayti also represents public companies and their officers and directors in securities class actions, shareholder derivative suits, internal investigations, and SEC proceedings.  In addition, he represents privately funded and emerging companies in disputes over corporate governance and breaches of fiduciary duty, as well as in disputes between boards of directors, investors, partners, and founders. Mr. Kuwayti frequently litigates actions arising from mergers and acquisitions and broken deals.

A significant part of Mr. Kuwayti’s practice involves prelitigation counseling for companies seeking to avoid litigation and/or to better prepare themselves for litigation that may arise. He has extensive experience in arbitration and mediation proceedings.

Mr. Kuwayti clerked for the Supreme Court of Canada in 1990-91. He has served as a managing partner of the Palo Alto office and as a co-chair of the firm's Commercial Litigation Group.

Mr. Kuwayti is recommended by Northern California Super Lawyers and is recognized as one of the top 300 lawyers in Silicon Valley by the San Jose Business Journal. He was also named to The BTI Client Service All-Stars list in 2012 and 2014 in recognition of his excellence in client service. He is a contributing editor to the treatise Trade Secrets (Law and Business 2013).

 

Iconix, Inc. v. Tokuda
(Northern District of California) Obtained preliminary injunction on behalf of Iconix against former employees who developed software code and launched website while working for the company. The case settled on favorable terms shortly thereafter. The opinion has become a leading case in the area of copyright infringement and the rights of companies to work created by employees using company resources.
Applied Materials v. Advanced Micro Fabrication Equipment
(Northern District of California) Recently defended Shanghai-based manufacturer of advanced semiconductor fabrication equipment that was accused of misappropriating trade secrets by Applied Materials. Obtained precedential court opinion regarding the rights of California inventors to their inventions, which granted our client’s counterclaim that Applied Materials’ standard employment agreements were illegal under California law because they purported to require Applied’s former employees to assign inventions they made after leaving the company. The case settled on confidential terms shortly before trial.
FLO Corporation v. Verified Identity Pass, Inc.
(San Francisco Superior Court; E.D. Arkansas.) Successfully blocked plaintiff’s attempt to stop our client from obtaining contracts at the San Francisco and Little Rock Airports based on allegations of trade secret misappropriation. Defeated motion for temporary restraining order in San Francisco Superior Court, and succeeded in getting companion case in the Eastern District of Arkansas dismissed. Both cases settled the next day and the client was awarded exclusive rights at both airports.
GEM Acquisition Co. v. Sorenson Group Holdings
(Northern District of California) Persuaded plaintiffs to walk away from $37 million breach of fiduciary duty/breach of contract action after court issued tentative ruling at summary judgment hearing dismissing entire action in Sorenson’s favor.
Perlegos v. Atmel Corp.
(Delaware Court of Chancery) Obtained bench trial verdict for Atmel Corporation in litigation over termination for cause of chief executive officer and other senior executives and co-founders based on findings of internal investigation into travel misconduct.
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