Michael A. Jacobs

Many of the world’s leading technology and life sciences companies call on Michael Jacobs to lead trial teams in their most complex litigation. He served as co-lead counsel in two of the most-watched intellectual property battles of recent memory, including a high-profile smartphone case leading to a jury verdict of over $1 billion. And the life sciences industry’s first and most successful biotechnology company looks to Mr. Jacobs when patent and licensing disputes arise. Mr. Jacobs co-founded and currently co-chairs the firm’s Intellectual Property Practice Group.

Mr. Jacobs is listed in Band 1 by Chambers USA 2016 in its California Intellectual Property category and in Chambers Global 2017 as a leading attorney for Intellectual Property. He was listed from 2012-2014 among the top attorneys in The BTI Client Service All-Star MVP, nominated by clients and selected for consistent outstanding client service.

Mr. Jacobs has won the California Lawyer Attorneys of the Year (CLAY) award three times, first for his advocacy on behalf of Intel in the Intel v. Hamidi “trespass to chattels” case, in 2012 for his defense of Novell in SCO v. Novell, and in 2014 for his work on a billion dollar smartphone trial. He also has twice been named “Litigator of the Week” by The American Lawyer, once for his victory in the Novell case and, in September 2012, for his victory in a billion dollar smartphone trial in the Northern District of California. In 2016, Mr. Jacobs is ranked in gold for patent litigation in California in the IAM Patent 1000 and is recommended by Legal 500 US in Healthcare: Life Sciences, Copyright, and Patent Litigation: Full Coverage. He has been recognized as a “Life Sciences Star” by LMG Life Sciences in 2016 and has been selected by his peers for inclusion in the 2006-2017 Best Lawyers in America lists. In 2018, he was named San Francsico “Lawyer of the Year” in Intellectual Property Litigation by Best Lawyers in America. In 2014, he was included on the Daily Journal’s list of the top 100 lawyers in California. Mr. Jacobs was also quoted in the article on firm’s listed in the Law360 2016 inaugural top 50 “Litigation Powerhouses.” He was also selected as a Benchmark Litigation 2017 National Star for Intellectual Property.

Mr. Jacobs’ work in several landmark cases has helped to shape the laws governing emerging technologies. Early in his career, he led the technical team that represented Fujitsu in its landmark operating system software arbitration with IBM. He represented the motion picture industry in the On Command Video case, which established that on-demand video systems require a license under copyright’s public performance right. Mr. Jacobs represented Novell in the widely reported SCO v. Novell Linux litigation, prevailing in a bench trial on Novell’s multi-million dollar claims, defeating SCO’s $200 million claim in a three-week jury trial, and defending those results on appeal in the 10^th Circuit. He also represented Autodesk in the Vernor v. Autodesk case, which established that copyright’s first sale doctrine does not immunize the re-sale of licensed software.

In addition, he has represented leading life sciences companies in their cutting edge litigation, including Genentech in its patent dispute with Phigenix concerning Genentech’s blockbuster drug, Kadcyla, Washington University in St. Louis in life sciences patent and licensing disputes, Chiron in its HCV protease litigation, and Abraxis in its nanoparticle anticancer treatment dispute with Elan Pharma. He has also handled numerous high-profile arbitrations, several of which involved the interplay between arbitration and court proceedings.

Mr. Jacobs has also achieved victories in important pro bono cases. He was co-lead counsel for plaintiffs in the landmark Williams v. State of California class action, which led to a settlement in which the State undertook to address shocking conditions in California’s lowest performing schools. He also represented the Jewish Community Relations Council and the Anti-Defamation League in a successful pre-election challenge to an anti-circumcision initiative slated for San Francisco’s ballot.

Mr. Jacobs routinely speaks on cutting-edge intellectual property issues. For example, for the last several years he has participated in the Federal Judicial Center-Berkeley Center for Law & Technology’s education program for federal judges.