“With 25 years of litigation experience at Morrison & Foerster, clients trust Ben Fox to solve their most complex legal problems in trade secrets, copyright, trademark, and other business disputes.
198 Cal. App. 4th 903 (2011). Argued winning appeal that affirmed a $35 million judgment for client Gramercy Investment Trust, resulting in a precedential opinion that confirms the enforceability of broad contractual waivers in contracts between sophisticated business persons.
(C.D. Cal. 2010). Acted as lead counsel for plaintiff Konami Digital Entertainment in high-profile litigation against its former distributor, the Upper Deck Company, accused of counterfeiting Konami’s products. Won summary judgment for a finding of liability for trademark counterfeiting and copyright infringement. Case settled during trial after defendant Upper Deck stipulated that its counterfeiting was done willfully and a permanent injunction was issued.
(Cal. Court of Appeal, 4th App. Dist. 2009). Counsel to Novell on an appeal from a judgment on a $33 million jury verdict based on issue and evidentiary sanctions. In December 2009, the Court of Appeal reversed the judgment against Novell on constitutional due process grounds and remanded for a new trial.
144 Cal. App. 4th 1175 (2006). Represented Oakland-Alameda County Coliseum on appeal, obtaining reversal of $34 million judgment following a multi-month trial in which the Raiders claimed more than $1 billion in damages.
(9th Cir. 2003). Won appeal preserving victory in copyright infringement litigation that accused television studios and developers of animated television properties of infringing screenplays for the Rainbow Brite and Robotman TV series.
(C.D. Cal./Fed. Cir. 2003). Acted as counsel for defendant Syneron Ltd. in competitor patent litigation involving intense pulsed light devices used for skin and hair treatments. Defeated motion for preliminary injunction; case settled during pendency of plaintiff’s appeal.
(S.F. Super. Ct. 2000–2004). Represented a class of plaintiff-schoolchildren in a statewide challenge to substandard conditions at K–12 public schools, including a lack of textbooks, severe overcrowding, insufficient number of desks, lack of functioning bathrooms, untrained teachers, and facilities that failed to meet basic health and safety needs. Case concluded with a landmark settlement providing state-level oversight and a $1 billion commitment to improve school conditions.
Recommended in the areas of Copyright Litigation (2015–2018), Trademark Litigation (2016–2018), and Healthcare: Life Sciences (2014)