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Ethical Issues In Trade Secrets Counseling and Litigation

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It's that time of year again! California Bar members in Group 1. whose last names fall into the A-G range, must fulfill their MCLE requirements by January 31, 2022, and report by February 1, 2022. As a service to our clients and friends (including those whose last names do not fall into this range), we would like to invite you to our annual MCLE workshops, which will be offered virtually again this year.

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It's that time of year again! California Bar members in Group 1, whose last names fall into the A-G range, must fulfill their MCLE requirements by January 31, 2022, and report by February 1, 2022. As a service to our clients and friends (including those whose last names do not fall into this range), we would like to invite you to our annual MCLE workshops, which will be offered virtually again this year.Ethical Issues In Trade Secrets Counseling and Litigation - 1:00 to 2:00 p.m. PST<ul><li>Richard S.J. Hung - Partner, Morrison & Foerster</li><li>Bita Rahebi - Partner, Morrison & Foerster</li><li>Bryan Wilson - Partner, Morrison & Foerster</li><li>Fitz Collings - Associate, Morrison & Foerster</li></ul><hr>

Ethical Issues In Trade Secrets Counseling and Litigation

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Rich is a nationally recognized intellectual property litigation attorney, with nearly 30 years of experience helping clients protect, enforce, and defend their most valuable IP assets in high-stakes disputes. He has served as global co-chair of the firm’s Litigation Department and spent a decade leading the firm’s Intellectual Property Group, advising clients at the intersection of cutting-edge technology and complex litigation. Rich co-chairs the Semiconductors Industry Group.A registered patent lawyer, former Federal Circuit clerk, electrical engineer, and seasoned trial lawyer, Rich brings a rare combination of technical training and litigation experience to every matter. He represents clients across the full spectrum of intellectual property law, including patent, copyrights, trademark, and trade secret litigation and has handled over 150 IP matters over the course of his career. Rich has tried over a dozen cases to verdict or final award and regularly represents clients in state and federal trial and appellate courts, before the Patent Trial and Appeal Board (PTAB), and in arbitration proceedings.Rich’s practice spans a wide range of advanced technologies, including software, cryptography, semiconductors, consumer electronics, and medical devices. In addition to litigation, he frequently advises clients on strategic offensive and defensive patent licensing and acquisition issues.Rich earned dual bachelor’s degrees in electrical engineering and economics from Stanford University and received his law degree from Columbia Law School, where he was a James Kent Scholar, a recipient of the Carroll G. Harper Prize, and a moot court editor. During law school, he clerked for the Honorable Sonia Sotomayor, then of the U.S. District Court for the Southern District of New York. After graduating, Rich clerked for the Honorable Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit.He maintains an active pro bono practice and is deeply engaged in public service. Since 2014, Rich has served as a Neutral Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He also served two terms as president of the Asian Law Alliance and continues to serve on its board of directors. The organization provides pro bono legal assistance to the Asian and Pacific Islander community in Silicon Valley. Rich is a fellow of the American Bar Foundation.Earlier in his career, Rich tried multiple criminal cases—all to favorable verdicts—while serving with the San Francisco District Attorney’s Office.Outside of his legal practice, Rich is an avid endurance athlete and has completed five Ironman triathlons. His training reflects the same discipline, preparation, and resilience that characterize his approach to complex litigation.<h4>Representative Matters</h4><ul><li>Smartphone Litigation. Member of team that successfully tried a high-profile smartphone case, leading to a jury verdict of over $1 billion.</li><li>Whirlpool Corp. v. TST Water LLC (Eastern District of Texas). Led Whirlpool team that obtained $7.6 million jury verdict and willfulness finding against TST Water in a patent case involving refrigerator water filters.</li><li>Good Technology Corp. v. AirWatch, LLC (Northern District of California). Defended AirWatch against assertions of four patents by a competitor. The case settled after expert discovery.</li><li>Data Speed Technology LLC v. VMware, Inc. (District of Delaware). After every other defendant settled or was dismissed, convinced plaintiff to walk away and dismiss case against client VMware with prejudice.</li><li>Unified Messaging Solutions v. VMware, Inc. (Northern District of Illinois). Represented VMware in a patent infringement suit brought by a non-practicing entity alleging infringement by VMware’s Zimbra webmail product.</li><li>Augme Technologies LLC v. Yahoo!, Inc. (Northern District of California). Represented Yahoo! in a patent infringement suit involving Internet display advertising and media playback. Won summary judgment of non-infringement on Augme’s two asserted patents, and Augme stipulated to infringement of one of Yahoo!’s patents. The case was affirmed on appeal.</li><li>Discovery Communications, Inc. v. Amazon.com, Inc. (District of Delaware). Represented Discovery Communications in a patent infringement suit against Amazon.com alleging infringement by Amazon’s Kindle of Discovery’s patents for e-book reader technology. The case settled after a favorable claim construction ruling.</li><li>Medtronic Spine LLC v. Cozmed, LLC (Northern District of California). Obtained consent judgments of patent infringement and trade secret misappropriation against infringers in a matter involving balloon kyphoplasty.</li><li>Waugh v. Doyle, et al. (Northern District of California). Represented plaintiff in civil rights lawsuit. Court entered substantial monetary judgment in plaintiff’s favor prior to trial.</li></ul>

Richard Hung

Partner

Bita Rahebi is a nationally recognized trial lawyer sought after by the world’s most innovative technology companies to lead bet-the-company intellectual property disputes, including complex patent litigation. She is a member of the firm’s Semiconductor Industry Group and previously co-led the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group.Bita is trusted for her ability to simplify complex technologies for judges and juries, a skill sharpened over 25 years of litigating patent, trade secret, copyright, and complex commercial disputes. She leads matters before federal and state trial courts, the Federal Circuit, and the U.S. International Trade Commission (ITC) across a wide range of technologies including semiconductors, software, consumer electronics, medical devices, and standard essential patents (SEPs).Her victories include complete wins as lead trial lawyer, the invalidation of multiple patents, and successful results for plaintiffs in high-stakes matters. Earlier in her career, Bita prosecuted cases at the Los Angeles City Attorney’s Office, securing guilty verdicts in every criminal jury trial she handled.Bita is a recognized leader in intellectual property litigation. Chambers USA highlights her work in technology-sector disputes, with clients describing her as “razor-sharp,” “client-focused,” and a litigator who “excels at trial and litigation strategy.” She has been named a Forbes Top 250 Lawyer and Top Women Lawyer, repeatedly recognized by the Daily Journal as a Top Intellectual Property Lawyer, honored as a Women Leader in Tech Law by The Recorder, and listed multiple times on IAM’s Strategy 300 and Patent 1000. She is also a fellow of the American Bar Foundation.Beyond her litigation practice, Bita advises technology clients on strategic transactional matters, including patent licensing and negotiations. She has also played an active role in the broader legal community. Bita is the past president of the Los Angeles Intellectual Property Law Association. She also served as a Ninth Circuit Judicial Conference Lawyer Representative. Bita serves as an editorial board member of The Intellectual Property Strategist.Bita earned her B.A. from the University of California, Berkeley, where she served as president and editor-in-chief of the Daily Californian. She received her J.D. from the University of California, Los Angeles, where she was an editor of the UCLA Law Review.<h4>Representative Experience</h4><ul><li>Nevro Corp. v. Stimwave Technologies Inc. (District of Delaware). Represented Nevro Corp., a public global medical device company, in its patent battle against competitor Stimwave Technologies, Inc. Secured a preliminary injunction for Nevro, after an all-day evidentiary hearing. The case subsequently settled after Stimwave stipulated to a permanent injunction agreeing not to infringe the patents.</li><li>Lamar v. Beats, Dr. Dre, and Jimmy Iovine (LA Superior Court). Represented Defendants in a breach of written royalty agreement involving the design of Beats headphones.</li><li>Analog Devices v. Xilinx Inc. (District of Delaware). Represented Xilinx in a 16-patent case, including a counterclaim by Xilinx against ADI.</li><li>Farstone Technology, Inc. v. Apple Inc. (Central District of California). Represented Apple in a patent infringement suit against Farstone Technology Inc. Secured a victory for Apple and invalidated the asserted patent on Williamson grounds. The decision was affirmed by the Federal Circuit.</li><li>AirWatch, LLC v. Good Technology Corp. (Northern District of Georgia; District of Delaware). Represented AirWatch in patent infringement actions against Good and also defended AirWatch in a patent infringement action in D. Delaware.</li><li>Digital Empire v. Compal Electronics (Southern District of California). Lead counsel defending original design manufacturer and three of its subsidiaries in patent infringement action; successfully obtained order for fees and costs under 35 U.S.C. § 285 (exceptional case).</li><li>eTool Development, Inc. v. National Semiconductor Corporation (Eastern District of Texas). Represented Texas Instruments (formerly National Semiconductor) in a patent infringement lawsuit involving online configuration software. Prevailed on summary judgment on two separate non-infringement grounds. Successfully defeated motion for reconsideration.</li><li>Cypress Semiconductor v. Altera Corporation (Santa Clara Superior Court). Represented Altera Corporation in trade secrets litigation brought by Cypress Semiconductor concerning programmable logic devices. A favorable settlement was reached prior to trial.</li></ul>

Bita Rahebi

Vice Chair

Bryan Wilson is a partner in the firm’s Intellectual Property Group. He is a first-chair trial lawyer with an expansive range of experience handling intellectual property matters in a variety of venues. His successful track record in recent years includes trade secrets and patent cases in both state and federal courts as well as in arbitration proceedings. He is co-chair of the firm's Trade Secrets Working Group and former chair of the Litigation Department in the firm's Palo Alto office. Bryan teaches a seminar in trade secret law as a Lecturer in Law at Stanford Law School and is a contributing editor to Trade Secrets (Law and Business 2016).Bryan’s jury trials include Hansen Medical, Inc. v. Luna Innovations, Inc., which was tried in Santa Clara County Superior Court and resulted in a $36 million trade secret and breach-of-contract verdict for Hansen Medical.Bryan also has extensive experience in arbitration proceedings with JAMS/Endispute, the American Arbitration Association, and private arbitration proceedings, including the arbitration of patent infringement claims, business disputes and trade secret matters.Bryan also maintains an active pro bono practice, representing organizations including the Mono Lake Committee, the Peninsula Open Space Trust, the Coastside Land Trust, the Tuolumne River Trust, and the National Law Center on Homelessness and Poverty. Before law school, Bryan worked for the Save San Francisco Bay Association and the U.S. Environmental Protection Agency.In 2012, 2013, 2014, 2016, and 2018, Legal 500 US recommended Bryan as a leading attorney for trade secrets, describing him as “‘a very smart, thoughtful attorney,’ who is ‘courteous and assertive in trial.’”

Bryan Wilson

Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent Trial and Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients.<h4>Representative Experience</h4><div><ul><li>A major technology company in a complex intellectual property case involving trade secret, copyright, patent, and antitrust claims.</li><li>A global pharmaceutical company in worldwide patent litigation and PTAB proceedings involving a first-in-class antibody immunotherapy product.</li><li>A global pharmaceutical company in district court patent litigation under the Biologics Price Competition and Innovation Act and PTAB proceedings involving a prominent biologic product.</li><li>A global pharmaceutical company in numerous district court litigations under the Hatch-Waxman Act involving a small-molecule product.</li><li>Global pharmaceutical companies in district court litigation involving a blockbuster small-molecule product.</li><li>A global pharmaceutical company in litigation to invalidate an antibody patent under license, securing a highly favorable settlement.</li><li>A biotechnology company in district court litigation and PTAB proceedings regarding microfluidic devices.</li><li>A chemical manufacturer in a trade secret dispute before the International Trade Commission.</li><li>A global pharmaceutical company in a trademark infringement and counterfeiting dispute.</li></ul></div><div style="position: absolute;left: -10000px;top: 0px;width: 1px;height: 1px;overflow-x: hidden;overflow-y: hidden;" id="_mcePaste">Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent and Trademark Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients. </div>

Fitz Collings

Trade Secrets

Investigations + White Collar Defense

Ethical Issues In Trade Secrets Counseling and Litigation

19 Jan 2022 1:00 PM - 2:00 PM PST