Representative Matters 

Represented Microsoft Corporation in a patent infringement suit brought against it in the Northern District of California (Hon. Jeffrey White presiding) related to computer music composition and streaming technology.  Case settled in client’s favor after the Court issued its claim construction order.

Represented Daewoo Electronics in a patent infringement case in the United States District Court for the Northern District of California (Hon. Joseph Spero presiding) and in the United States District Court for the Northern District of Illinois (Hon. Blanche M. Manning presiding).  Daewoo retained Mr. Clark to replace its previous trial counsel and to represent Daewoo in the trial of liability issues that had been bifurcated from the first trial.  Within six months of being retained by Daewoo, Mr. Clark obtained an order from the Court granting summary judgment that the plaintiff could not recover any damages on the bifurcated causes of action.  Mr. Clark also represented Daewoo in an appeal to the Federal Circuit.

 

Represented Petronas, the government-owned petroleum production and exploration company of Malaysia, in a trademark infringement action in the Northern District of California (Hon. William Alsup presiding).  Within four days of being retained, Mr. Clark obtained a temporary restraining order against the company infringing the Petronas trademarks. The case settled shortly thereafter.

 

Represented PayPal, Inc. (owned by eBay) in a patent infringement suit related to secure online financial transactions.  The case was pending in the Eastern District of Texas (Hon. David Folsom presiding) and settled favorably to PayPal.

 

Represented jWIN Electronics in an arbitration against one of its suppliers related to a supply and licensing agreement.  After the arbitration in which six witnesses testified, the arbitrator awarded jWIN substantially more than the defendant had offered to settle the case.

 

Represented Lexar Media, Inc., a leading provider of removable flash memory cards, in a patent and trade secret dispute with one of the world’s largest flash memory manufacturers.  After extensive discovery in Japan and an eight-week jury trial in Santa Clara County Superior Court (Hon. Jack Komar presiding), the jury returned a verdict in the client’s favor and awarded over $460 million in damages.  Case settled while appeal was pending and after client was acquired by Micron Technology, Inc.

 

Represented General Motors in a patent infringement suit related to automobile technology in the United States District Court for the Eastern District of Texas (Hon. T. John Ward presiding). Case settled on terms favorable to the client on the eve of trial.

 

Represented Intel Corporation in an appeal to the Federal Circuit in which the Court upheld the validity of Intel’s patent-in-suit.

 

Represented Samsung Co., Ltd. in two simultaneous Section 337 Investigations against Ericsson and Sony-Ericsson before the United States ITC.  Ericsson initially alleged that Samsung infringed nine of its wireless communications patents.  Shortly before trial, Ericsson withdrew its allegations of infringement with respect to two of the asserted patents and the investigations were terminated after the parties settled on terms favorable to Samsung.

 

Represented a Malaysian corporation and individual in an export regulation investigation related to certain aviation technology.

 

Represented a consortium of Malaysian, Indonesian, and Chinese manufacturers of carboxylated nitrile butadiene gloves in a Section 337 investigation by the ITC.  After a two-week trial, Hon. Charles Essex of the ITC determined that the patent asserted against the consortium was invalid and that no exclusion order should issue against Mr. Clark’s clients.  The decision was upheld by the full Commission and upheld on appeal by the Federal Circuit.

 

Represented ArthroCare Corporation, a manufacturer of minimally invasive arthroscopic surgical instruments, in a jury trial in the United States District Court for the District of Delaware (Hon. Sue L. Robinson presiding).  The jury returned a verdict in the client’s favor on all issues and the Court issued a permanent injunction against the sale of infringing products.  Case settled after appeal.

 

Represented Verbatim Corporation, a wholly owned subsidiary of Mitsubishi Chemicals USA, in a Section 337 investigation by the ITC related to NAND flash memory products, including USB drives.

 

Represented Blueprint RF against Nomadix in a multiple patent case involving computer networking technology.  Case was pending in the Central District of California (Judge Pregerson) and settled before trial.

 

Represented PT Medisafe technologies in a case pending in the District of Minnesota.  Case settled on the eve of trial.

Represented Waves Audio in several cases involving audio processing patents and technology.  Cases were pending in the Northern District of California and the U.S. International Trade Commission. 

 

Represented Positive Technologies in a multiple patent case involving e-readers in the Northern District of California.

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