Marc David Peters

Partner | Palo Alto

mdpeters@mofo.com | (650) 813-5932

mdpeters@mofo.com
(650) 813-5932

The best part of my job is using my legal skills, scientific experience, and business savvy to resolve my clients’ technology-related disputes in an efficient manner that fulfills their business goals.

Marc represents clients in litigation and counseling involving semiconductor, electronics, and computer-related technologies. His cases involve technologies such as gallium-nitride-based LEDs and laser diodes and LEDs, haptic feedback devices, virtual machine software, semiconductor fabrication equipment, hyperthreaded processors, optoelectronic transceivers, surgical lasers, synchronization software, modems, and video-on-demand servers.

Marc has represented Immersion Corporation in a variety of intellectual property matters, including in arbitration, federal court, and the International Trade Commission. On behalf of Oracle America, he was second chair on the patent phase of the battle against Google over the Android operating system—a case that the court dubbed the “World Series of IP Cases.”

He is first chair in the defense of Bolb Inc., a high-performance UVC LED manufacturer, against an assertion of six patents by Sensor Electronic Technology, Inc. 

Marc defended Advanced Micro-Fabrication Equipment (China), a Shanghai-based manufacturer of advanced semiconductor fabrication equipment, against accusations by Applied Materials of trade secret misappropriation. He obtained a precedential court opinion regarding the rights of California inventors to their inventions, which ruled that Applied Materials’ standard employment agreements were illegal under California law because they purported to require former employees to assign inventions they made after leaving the company. The case settled on confidential terms shortly before trial.

Marc helped obtain summary judgment on behalf of California’s foster parents, in a pro bono case brought with the Children’s Advocacy Institute. California was adjudged to have violated federal law by failing to calculate and pay for the actual costs of raising foster children. As a direct result of the state’s failure to reimburse foster parents as required by federal law, California’s foster care system is less effective and more expensive than it should be. For their work, the Morrison & Foerster team received the 2010 President’s Pro Bono Service Award from the California State Bar, and the case was selected as one of five Outstanding Pro Bono Projects of 2010 by The Daily Journal. The team successfully defended the judgment in an appeal to the Ninth Circuit.

Marc is an author of the Patent Case Management Judicial Guide, published by the Federal Judicial Center and LexisNexis. The guide is a comprehensive overview of best practices and procedures in patent cases, and is provided to all federal district judges.

Marc is admitted to practice in California, and is registered to practice before the United States Patent and Trademark Office. In addition to receiving his J.D. with distinction from Stanford University, Marc also holds a Ph.D. in physics from the University of California, Berkeley. During his tenure at UC Berkeley, he was a member of the scientific team that discovered the top quark, and is a co-author of more than a hundred papers in refereed journals. While earning his doctorate, he received the UC Berkeley Faculty Associate Award for excellence in teaching, and authored the “Physics 111: Laboratory Electronics” course manual.

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Experience

  • (Northern District of California). Representing Bolb and its subsidiary Quantum Egg in patent litigation involving UVC LEDs and consumer disinfection devices. The case involves six patents covering a variety of AlGaN semiconductor-related technologies.

  • (Eastern District of Texas and District of Delaware). Represented Immersion against Samsung and Motorola in patent litigation involving haptics technology in mobile devices. The cases were settled on advantageous terms after obtaining favorable claim construction rulings.

  • (JAMS Arbitration). Won arbitration award finding that products infringe Japanese patents, applying Japanese patent law. The award was confirmed by the Northern District of California (denying Sony’s motion to vacate) and is currently on appeal.

  • (ITC, District of Delaware and Federal Circuit). Represented Immersion in patent litigation involving haptics technology in mobile devices. A portion of the case was settled on favorable terms in the trial court, and the remaining portion of the case was resolved in Immersion’s favor on appeal to the Federal Circuit; in a case of first impression, the appellate decision upheld the Patent Office’s rules for the timing of filing continuation applications.

  • (Northern District of California). Defended Sensus USA in suit for patent infringement involving smart meters for utilities. Case settled shortly after filing Alice motion for judgment on the pleadings for unpatentability under 35 U.S.C. § 101.

  • (Northern District of California). Represented Oracle America in suit for copyright and patent infringement based on Google’s inclusion of Java platform technology in the Android software platform and operating system.

  • (Northern District of California). Defended Shanghai-based Advanced Micro-Fabrication Equipment in a California trade secret action involving semiconductor manufacturing equipment. The case settled shortly before trial on confidential terms.



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