Roman A. Swoopes

Associate | Palo Alto

rswoopes@mofo.com | (650) 813-6477

rswoopes@mofo.com
(650) 813-6477

Roman Swoopes focuses his practice on patent and copyright litigation and counseling. He represents clients in industries including computer software, hardware, and peripherals, data storage, digital imaging, consumer electronics, music, and graphic design.

In a case the court dubbed the “World Series of IP Cases,” Mr. Swoopes successfully argued in court against partial summary judgment on a copyright claim and in support of a favorable claim construction at a Markman hearing. He has represented clients at two intellectual property trials, where he worked closely with expert witnesses. Mr. Swoopes has considerable experience in the areas of copyrightable and patent–eligible subject matter for software. He has also represented clients in disputes involving open source software licenses, such as the GNU General Public License (GPL).

Mr. Swoopes served as a law clerk to the Honorable Raymond T. Chen of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Ronald M. Whyte of the U.S. District Court for the Northern District of California. Prior to law school, he worked at Accenture, one of the world’s largest information technology consulting companies.

Mr. Swoopes received his J.D. from Stanford Law School. While at Stanford, he served as president of the Stanford Law and Technology Association. He received his bachelor’s degree in electrical engineering and computer science from Harvard University.

Mr. Swoopes is admitted to practice in California and before the U.S. Patent and Trademark Office.

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Experience

  • (Northern District of California). Represented Oracle in copyright and patent trial. Successfully argued against partial summary judgment on a copyright claim and in support of a favorable claim construction at a Markman hearing.

  • (Southern District of New York) Represented Paul McCartney in a copyright lawsuit against publisher Sony/ATV regarding the rights to hundreds of Beatles songs. The case settled and prevented a legal battle that would have had wide ramifications for the music industry.

  • (International Trade Commission, 337‑TA‑918). Represented International Laser Group (ILG) against patent infringement claims brought by complainant Canon. The case settled on favorable terms, pursuant to which ILG may continue to sell its remanufactured toner cartridges in the U.S.

  • (Western District of Wisconsin). Represented Toshiba Corporation in a patent infringement action against several foreign manufacturers and U.S. distributors of recordable and rewritable DVDs. Won jury verdict of liability.

  • (International Trade Commission, 337–TA–898). Represented Raymarine in patent case involving underwater imaging technology.

  • (District of Delaware). Represented Autodesk in patent case involving software product activation.

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