Pieter S. de Ganon

Associate | Palo Alto

pdeganon@mofo.com | (650) 813-5912

pdeganon@mofo.com
(650) 813-5912

Pieter specializes in cross-border commercial disputes. In addition to trying cases in state and federal court, Pieter has arbitrated before AAA, ICC, ICDR, JAMS, and JCAA tribunals in English and Japanese. Pieter has particular experience with IP licensing disputes — complex cases involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation. He has also handled M&A, venture capital, and joint venture litigation. Outside of the hearing room, Pieter advises clients on how best to mitigate risk, settle, or avoid disputes altogether.

Pieter maintains an active public interest practice. He is part of the cross-office team that exposed conditions in U.S. Customs and Border Patrol detention facilities and secured a permanent injunction compelling their improvement. For this work, Pieter and the team were awarded the MLK Award for Civil Rights Advocacy by The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, the American Heritage Award by The American Immigration Council, and the Courageous Luminaries Award by the National Immigration Law Center.

After law school, Pieter clerked for Judge Leonard Sand, U.S. District Court for the Southern District of New York, and Judge John Noonan, U.S. Court of Appeals for the Ninth Circuit. During law school, he served as an articles editor for the New York University Law Review.

Until 2017, Pieter practiced in the firm’s Tokyo office and taught law at Hitotsubashi University’s Graduate School of International Corporate Strategy. He previously attended Tokyo University as a Japanese Ministry of Education Scholar and Kyoto University as a Fulbright Scholar. He speaks Japanese and has a working knowledge of Dutch and Italian.

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Experience

  • Represented Toshiba Corporation, respondent, in suite of three ICC arbitrations seated in New York against Western Digital arising out of $18 billion sale of Toshiba Memory Corporation. California and Japan law applied. Achieved a procedural victory that allowed the sale to close and the disputes to settle.

  • Represented Japanese multinational, respondent, in ICDR arbitration seated in New York against Dutch multinational in a dispute arising from a patent cross-license agreement. New York law applied. Over $1 billion at stake. Obtained dismissal of claim.

  • Represented Japanese car maker, respondent, in JCAA arbitration seated in Tokyo against a Japanese consumer electronics manufacturer in a dispute arising from a joint-venture agreement. Japan law applied. Over $500 million at stake. Parties settled.

  • Represented Immersion, respondent, in ICC arbitration seated in Honolulu against Samsung Corporation. New York law applied.

  • Represented venture capital firm, claimant, in JAMS arbitration seating in San Jose against Indian multinational. Delaware law applied. Parties settled.

  • Represented Danish company Haldor Topsoe in ICDR arbitration seated in New York against German-based Orion Engineered Carbons in dispute arising from agreement relating to the licensing of Haldor Topsoe’s emissions control technology. UK law applied. The case settled on confidential terms after the conclusion of a week-long arbitration hearing and closing argument.

  • (Multijurisdictional litigation). Represented Toshiba Corporation in its trade secret claim against SK Hynix. The suit sought damages for the wrongful acquisition and use of proprietary Toshiba information on NAND flash memory, which Toshiba pioneered in 1987. Pursuant to settlement, Toshiba received $278 million.

  • (ITC, 337-TA-855). Represented complainant Hitachi Metals and its U.S. affiliate in a landmark investigation involving 29 respondents before the U.S. International Trade Commission regarding infringement of certain Hitachi Metals patents by the sale into the United States of certain sintered rare-earth magnets. Following favorable settlements with virtually all respondents, the investigation was terminated by Hitachi Metals prior to trial.

  • (Eastern District of Texas) (consolidated with Blue Spike, LLC v. Texas Instruments, Inc.) (Eastern District of Texas). Represented NEC Corporation in patent litigation brought by Blue Spike, LLC concerning digital watermarking technology. Blue Spike initiated patent litigation in E.D. Texas against all the major players in the digital watermarking and fingerprinting technology area.

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