Kenneth A. Kuwayti

Kenneth A. Kuwayti

Partner

Palo Alto, (650) 813-5688

Education

McGill University (B.A., 1985)
Stanford Law School (J.D., 1989)

Bar Admissions

California
Ontario

Mr. Kuwayti has more than 25 years of experience in intellectual property and other complex, high-stakes commercial litigation and trials. His cases have involved a broad range of technology industries, including software, semiconductor, Internet, and medical device.

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.

Mr. Kuwayti also 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. Mr. Kuwayti frequently litigates disputes arising out of mergers and acquisitions and other strategic transactions. 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.

A significant part of Mr. Kuwayti’s practice involves pre-litigation 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 Legal 500 US, 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, 2014 and 2016, in recognition of his excellence in client service. He has been a regular contributing editor to the treatise Trade Secrets (Law and Business 2016).

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.
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.
Internal Investigation
(2009) Conducted internal investigation for audit committee of manufacturer of semiconductor components in U.S. and China involving accounting irregularities and alleged violation of Foreign Corrupt Practices Act. Successfully persuaded SEC not to conduct further investigation.
In re Atmel Corporation Derivative Litigation
(Northern District of California) Defended series of derivative suits filed against Atmel Corporation in federal and state court relating to allegations of stock option backdating. Global settlement netted $4.7 million for Atmel.
In re Ultratech, Inc. Derivative Litigation
(Northern District of California) Used findings of internal investigation to persuade plaintiffs to voluntarily dismiss derivative complaint before any motion to dismiss was filed.
Toshiba America Electronics Components v. Superior Court
(California Court of Appeal, Sixth District) Won decision of first impression in the California Court of Appeal in the first case to hold that a party requesting the production of electronic backup tapes in discovery is required to pay for the cost of their translation under the California Code of Civil Procedure.
Ramax Semiconductor, Inc. v. Seiko Epson Corp.
(Santa Clara Superior Court). Won complete dismissal and award of costs on summary judgment for client against contract breach for failing to provide foundry capacity. Dismissal and cost award affirmed on appeal.

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2017 Morrison & Foerster LLP. All rights reserved.