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IP Litigation finalists

John Allcock

DLA Piper Rudnick Gray Cary

401 B St.

San Diego, CA 92101

john.allcock@dlapiper.com

(619) 699-2828

Education

Law School/Year: Harvard Law School/1981

College/Year: Boston College/1978

Bar Admissions

California

Practice Areas

Intellectual Property, Patent, Trademark and Copyright

Major cases you have participated in

I have been on a winning streak that stretches back to 2001, involving eight consecutive patent trial wins and 13 wins in the last 14 trials for clients that include IMX, Crossroads and Zoran. One of my major victories this year was in representing Hewlett-Packard in a series of patent litigation cases against Gateway that began in 2004. This spring, after two successful ITC trials and a series of district court trials on the horizon, a settlement was reached in which Gateway agreed to pay Hewlett-Packard a total of $45 million.

Professional background

I serve as global co-chair of DLA Piper’s IP practice group and head of the U.S. group, which is now one of the largest IP groups in the country. A key motivation for the merger between Piper Rudnick and Gray Cary was to expand each firm’s IP practice by leveraging the strong patent litigation practice that Gray Cary built. The firm also merged with DLA to form a global entity with an intellectual property practice spanning the globe. I have been able to take a lead in unifying these groups, and in integrating our practice with other firm practice areas.

Professional affiliations

I am a member of the American Board of Trial Advocates; the ABA sections on patent, copyright and trademark as well as civil litigation; the intellectual property section of the California State Bar; and the American Intellectual Property Law Association. I have also been selected by Chambers & Partners to appear in Chambers USA: America’s Leading Lawyers for Business.

Personal background

I was born in Rhode Island and went to college at Boston College and then to Harvard Law School. I am an avid runner, skier and have recently taken up surfing. I am the proud father of three girls -- Caitlin, Rachel and Megan.


John Benassi

Shareholder, Heller Ehrman LLP

4350 La Jolla Village Drive, Seventh Floor

San Diego, CA 92122

John.Benassi@hellerehrman.com

(858) 450-5843

Education

Law School/Year: George Washington University/1974 (cum laude)

College/Year: University of Illinois/1971

Bar Admissions

California, District of Columbia, Illinois, U.S. Patent and Trademark Office

Practice Areas

Business Litigation, Civil Litigation, Intellectual Property, Patent, Trademark and Copyright, Technology

Major cases you have participated in

Some of the most notable cases to date in my career include the following: Represented generic drug manufacturer Gensia Sicor in the invalidation of Bristol Myers' Cisplatin chemotherapy patent, which was used to cure Lance Armstrong's cancer; represented First Virtual Holdings and Message Media in a case against InfoBeat and Exactis.com (first lawsuit on Internet commerce patents); represented Amylin v. University of Minnesota (patent on biotechnology diabetes treatment drug); represented Grokster, LTD., et al. v. Metro-Goldwyn-Mayer Studios Inc., et al.; represented Streamcast Networks Inc. (Morpheus) (C.D.CA 'next Napster' copyright case against the music and entertainment industry that involved alleged peer-to-peer copying)

Professional background

For the past 30 years I have practiced intellectual property, litigation and emerging company counseling, representing clients in state and federal courts (both trials and appeals) in technologies ranging from Internet commerce to semiconductors to medical devices to biotechnology. While I specialize in intellectual property law, I handle general litigation as well. Additionally, I counsel startup and venture capital firms involved in Internet commerce, medical devices, biotechnology, computer software and electronics, including building up their patent portfolios and conducting patentability and infringement analysis. I joined the Heller Ehrman team in 2005. I have been listed in "Best Lawyers in America" every year since 2000.

Professional affiliations

My professional affiliations include: American Bar Association sections on intellectual property law, antitrust and litigation; Association of Business Trial Lawyers; San Diego, Los Angeles and American Intellectual Property Law associations.

Personal affiliations

I frequently write and lecture on intellectual property law, including the Center for Continuing Legal Education (CLE) and bar association symposium on trade secrets, Los Angeles, Orange County and San Diego (1988-2006); "Trial Tactics," (National Institute for Trial Advocacy) and "Patent Litigation," Practicing Law Institute (PLI) seminars (1977-2006) in Los Angeles and San Francisco. "Commercializing Intellectual Property," and "Trademark Litigation" (1995-2006). I am co-author of the hardbound text on "Patent Litigation," published by the Practicing Law Institute (2001-2006).

Personal background

I was born in 1948 in the Appenine Mountains in Northern Italy, about two hours north of Florence, and moved to the United States when I was 12 years old. I worked my way through school and focused my studies on science, since English was my second language. I worked my way through college studying engineering at the University of Illinois, and went on to attend law school at Washington University. After law school I clerked at the U.S. Claims Court, which tried patent cases against the U.S. government, and got my first taste of patent trials, an area of focus in my practice. I live in Rancho Santa Fe with my wife Marian and two sons, Chris and Max, and am actively involved in community service, including Kids Korps, which involves kids in public service projects. I enjoy many athletic sports such as martial arts (for the last 40 years) and Brazilian jui-jitsu.


Juanita Brooks

Fish & Richardson

12390 El Camino

San Diego, CA 92130

brooks@fr.com

(858) 678-5070

Education

Law School/Year: Yale Law School/1977

College/Year: San Diego State University/1974

Bar Admissions

California, Supreme Court of California; U.S. Supreme Court; U.S. Court of Appeals for the 9th Circuit; various U.S. District Courts

Practice Areas

Business Litigation, Civil Litigation, Intellectual Property

Major cases you have participated in

More than 60 trials ranging from RICO to complex IP litigation. Clients include Microsoft, Playboy Enterprises, Callaway Golf, 3M, AVID, ADE Corp., Titan, Cubic, Allergan and many more. Highlights include winning a new trial for Intel that resulted in a $60 million settlement from Broadcom, successfully representing John DeLorean in the U.S. government's cases against him and serving as lead counsel in charge of scientific issues in the national Fen-Phen litigation. First appeared before the 9th Circuit Court of Appeals at the age of 23 (first year practicing law).

Began practicing at Federal Defenders Inc. of San Diego after graduating from law school at the age of 23 in 1977. In 1980 went into private practice, specializing in white-collar criminal defense, anti-trust and complex litigation. Joined Fish & Richardson in 2000 and expanded practice to emphasize intellectual property and patent litigation. Joined Fish & Richardson's Executive Management Committee in 2005 -- only the second woman to hold that position in the firm's 126-year history. Named to "Best Lawyers in America" every year since 1987. Winner of the prestigious Silver Tongue Award. Author of numerous articles on trial techniques and handling of criminal cases and civil litigation. Lectures, cross-examinations and closing arguments have been frequently published by Trial magazine and The Bureau of National Affairs Inc. Lectured to state bar associations across the United States.

Professional background

Clifford J. Wallace Inns of Court, founder; Western Center on Law & Poverty, board member and pro bono counsel; Appellate Defenders Inc.(a nonprofit law firm which administers the appointed counsel system for the California Court of Appeal, 4th Appellate District), member; American Bar Association, member; American Trial Lawyers Association, member; American Academy of Healthcare Attorneys, member

Personal affiliations

Actively promote and am an advocate for international adoption. I often counsel people interested in adopting. (Parent of an adopted son from India.)

Personal background

Primarily raised by a single mother in the poorest areas of Riverside, Calif. Early jobs included ironing shirts and running a daycare out of the house. Encourged to go to law school by an SDSU professor. Married to Lewis Rubin, a leading expert in pulmonary hypertension, and mother of two children, Rose, age 14, and Jai, age 11.


Kenneth Fitzgerald

Latham & Watkins LLP

600 West Broadway, Suite 1800

San Diego, CA 92101

kenneth.fitzgerald@lw.com

(619) 238-2982

Education

Law School/Year: UCLA School of Law/1989

College/Year: Rice University/1984

Bar Admissions

California, 9th Circuit, 5th Circuit, 2nd Circuit; U.S. District Courts for Southern, Central, Eastern and Northern Districts of California; Southern District of New York

Practice Areas

Business Litigation, Civil Litigation, Intellectual Property, Patent, Trademark and Copyright

Major cases you have participated in

NNWS Inc. v. Hughes Network Systems, DirecTV Group Inc. -- $60 million breach of contract jury trial against plaintiff's counsel David Noonan, resulting in defense verdict for my clients, Hughes Network Systems and DirecTV Group.

National Football League -- I represented the NFL in 1998 and 2003, when San Diego hosted the Super Bowl. In both years, the NFL was subjected to federal court civil rights litigation which threatened to postpone or alter Super Bowl activities, and in both years, the NFL prevailed.

Lyons Partnership v. TFC, Inc. -- I defended Ted Giannoulas, aka The Famous San Diego Chicken, in a copyright and trademark infringement suit brought by owners of the "Barney" the dinosaur character. We won summary judgment based on a parody/fair use defense, and were awarded attorneys' fees in rulings upheld by the 5th Circuit Court of Appeals.

Concha v. KIFM Limited Partnership -- I represented KIFM Limited Partnership and its general partner in a multimillion-dollar fraud and breach of partnership agreement trial against plaintiff's counsel Mike Aguirre, resulting in judgment for my clients and imposition of sanctions against adversaries.

Professional background

I graduated Order of the Coif from the UCLA School of Law, where I served on the Law Review. I then served as a law clerk to the Honorable Howard B. Turrentine, Unites States district judge for the Southern District of California, before beginning my practice at Latham & Watkins. I have tried many cases to verdict in a variety of subject areas in state and federal courts, and I served as a special assistant district attorney, prosecuting criminal jury trials. I have taught seminars on advanced intellectual property law litigation, civil litigation, trade secret law and other topics, and I have published articles on a number of litigation and intellectual property law topics.

Professional affiliations

ABA, litigation and intellectual property law sections; California Bar Association, litigation and intellectual property law sections; Association of Business Trial Lawyers, San Diego Chapter

Personal affiliations

I play the trumpet in the La Jolla Symphony, and serve as president of the board of the La Jolla Symphony Orchestra & Chorus Association. I also serve on the board of STAR/PAL, San Diego's Police Athletic League chapter, providing athletic, educational and mentoring opportunities to underprivileged youth.

Personal background

Married with four children.


John Gartman

Fish & Richardson

12390 El Camino Real

San Diego, CA 92075

gartman@fr.com

(858) 678-4313

Education

Law School/Year: University of Texas/1986

College/Year: University of Texas/1983

Bar Admissions

California; Washington, D.C.; Virginia

Practice Areas

Civil Litigation, Intellectual Property, Patent, Trademark and Copyright

Major cases you have participated in

I have successfully tried jury and bench cases in federal and state courts and before the United States International Trade Commission. Two of my cases, Adobe v. Quantel (1997) and Marconi v. Bellcore (2000), have been recognized by the "National Law Journal" as among the "Year's Top Wins."

Professional background

I was named by IP Worldwide as one of the nation's "Magnificent 7," one of the "Best Young Trial Lawyers" in intellectual property in 2002. I have been voted by peer-review into the 2006 edition of "The Best Lawyers in America." The Daily Journal has repeatedly named me one of California's "Top 25 IP Lawyers," and Chambers USA has named me one of the "Leaders in Their Field," one of the leading lawyers in the United States. I served as law clerk to the Honorable Giles S. Rich on the U.S. Court of Appeals for the Federal Circuit (1988-1990).

Professional affiliations

I have been on the faculty of the National Institute of Trial Advocacy for nearly a decade.

Personal affiliations

I am an avid Texas sports fan, triathlete and outdoor camping and mountaineering enthusiast.


Stephen Korniczky

Paul, Hastings, Janofsky & Walker LLP

3579 Valley Centre Drive

San Diego, CA 92130

stephenkorniczky@paulhastings.com

(858) 720-2870

Education

Law School/Year: State University of New York, Buffalo, School of Law/1987

College/Year: Polytechnic University/1984

Bar admissions

California, U.S. Patent and Trademark Office

Practice areas

Business Litigation, Civil Litigation, Intellectual Property, Patent, Trademark and Copyright

Major cases you have participated in

I have successfully represented clients in some of the largest and most complex patent infringement and trade secret misappropriation matters in the United States. I successfully represented Conexant Systems and Skyworks Solutions in such an action against Qualcomm and represented SMIC, China’s largest semiconductor foundry, in such an action against Taiwan Semiconductors, the world’s largest semiconductor foundry. Both cases involved at least 14 patents and assorted trade secret theft issues.

I currently represent a number of clients from the United States and around the world in “big ticket” patent litigation in the United States. These patent litigation clients include Cendant Corp., Raindance Corp., Samsung SDI, MediaTek, Ropak Corp. and Sony Ericsson.

Professional background

I am a partner and chair of the firm’s Global Intellectual Property Practice, which boasts over 100 IP attorneys worldwide. I attribute my own success to the strength and depth of my team.

I also served as a judicial law clerk to the Honorable Giles Sutherland Rich at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., which is the court that has national jurisdiction over all patent appeals.

Professional affiliations

I am a former president and board member for the San Diego Intellectual Property Law Association.

Personal background

I come from a family of patent lawyers and martial artists. I hold black belt degrees in judo and vee jitsu. This past year, I was inducted into my Alma mater, Polytechnic University’s Athletic Hall of Fame, where I captained the university's judo and wrestling teams.


Douglas Olson

Paul Hastings

3579 Valley Centre Drive

San Diego, CA 92130

dougolson@paulhastings.com

(858) 720-2500

Education

Law School/Year: George Washington University Law School

Other Graduate School/Year: University of Wisconsin

College/Year: University of Wisconsin

Bar Admissions

California, Virginia, United States Patent and Trademark Office

Practice Areas

Business Litigation, Civil Litigation, Intellectual Property, Patent, Trademark and Copyright

Major cases you have participated in

I have participated in over 50 trials, approximately one-third of which have involved juries. Recent representative cases include:

Nichols Institute Diagnostics Inc. v. Scantibodies Clinical Laboratory Inc., et al.

In August 2005, I obtained a jury verdict and favorable decisions in post-trial motions to enforce a patent relating to detection of biologically active hPTH to monitor calcium levels. The patent was held infringed and valid over the prior art and enforceable. Autobytel Inc. v. Dealix Corp.

(USDC, E.D. Cal.) I am leading a team of lawyers with computer backgrounds in an e-commerce patent suit involving automobile sales over the Internet.

Professional background

My practice focuses on intellectual property litigation. I have been lead counsel on numerous patent, trade secret and trademark lawsuits, including many jury trials.

I have made numerous appellate arguments at the Circuit Courts of Appeal, including the Federal Circuit Court of Appeals and other Federal Courts of Appeal. I have also made appellate arguments and prosecuted applications at the United States Patent and Trademark Office and the European Patent Office.

Professional affiliations

I have published a number of articles relating to intellectual property law and am the author of the chapter on Trade Secret Evidence in the California Continuing Education of the Bar book, "Proof in Competitive Business Litigation."

I have also been a frequent lecturer regarding various topics in intellectual property law, including a speech to the Patent Examiners of the United States Patent Office regarding examiner depositions. I have made presentations to the combined Orange County and San Diego Intellectual Property Law Associations regarding willful infringement and the doctrine of equivalents.


Anthony "Tony" Stiegler

Partner, Cooley Godward, LLP

4401 Eastgate Mall

San Diego, CA 92121

tstiegler@cooley.com

(858) 550-6035

Education

Law School/Year: Tulane University Law School/1986

College/Year: Grinnell College/1982

Bar Admissions

California; U.S. District Courts for Southern, Central, Northern Districts of California; 9th Circuit Court of Appeals; Pro Hac Vice in Eastern District of Texas, Northern District of Illinois, Middle District of Massachusetts and various other courts in the United States

Practice Areas

Intellectual Property, Business Litigation, International, Patent, Trademark and Copyright, Technology

Major cases you have participated in

Plaintiff's trial counsel in Ichor Medical Systems, v. Cyto Pulse Sciences, a biotech technology trade secret case, resulting in a $14 million jury verdict and equitable assignment of patents; currently representing Ron Katz Technology Licensing, LLP in patent litigation over interactive voice recognition systems against Citibank, Discover Financial, T-Mobile, Wal-Mart, Sam's Club and others. Plaintiff's trial counsel for Tall Tree Golf v. ASICS Corp., resulting in $5.7 million jury verdict; plaintiff's trial counsel for Sibia Neurosciences v. Cadus, resulting in $17 million patent infringement jury verdict. Represented Dr. Seuss Enterprises, Cobra Golf, Esprit de Corp and Nintendo in intellectual property enforcement matters.

Professional background

I received my bachelor's degree in liberal arts with a focus on history, bio-psychology and political science. I spent five years in New Orleans, including law school, before coming to San Diego, where I clerked for Gray Cary Ames & Frye. I clerked for U.S. Dist. Court Judge Edward J. Schwartz, then returned to Gray Cary for nine years before coming to Cooley in 1996. I've focused on technology matters during my entire career, including software, biotech, wireless communications, ASIC chip, mechanical engineering and energy related matters.

Professional affiliations

I am currently on the board of directors of the Legal Aid Society of San Diego and previously have served on the boards of directors for the American Business Trial Lawyer's Associate (ABTL), the Federal Bar Association (FBA) and was in the Louis Welsh Inns of Court. I have also served in various positions with the YMCA leading childrens' programs and activities.

Personal background

I was an active athlete growing up, playing soccer, basketball, lacrosse, rugby and other sports. I still try to run and work out three or four times per week and play golf whenever time permits. I also acted in theater while in school I try to read nonlaw materials whenever I can and enjoy classic literature. I am a music and concert fan (blues, rock), have been to 500-600 shows over the years and wish I had the chops to be a great guitarist.


Stephen Swinton

Latham & Watkins LLP

600 West Broadway, Suite 1800

San Diego, CA 92101

steve.swinton@lw.com

(619) 238-2860

Education

Law School/Year: Drake University/1982

College/Year: Iowa State University/1973

Bar Admissions

California, United States Supreme Court, United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the 9th Circuit, United States Court of Appeals for the 6th Circuit, United States Patent and Trademark Office, United States District Courts for the Southern, Central and Northern Districts of California

Practice Areas

Business Litigation, Intellectual Property, Patent, Trademark and Copyright, Technology

Major cases you have participated in

Exemplary patent ligition over wireless communications: InterDigital v. Qualcomm (EDPA); Ericsson v. Qualcomm (EDTX); BTG v. Qualcomm (EDPA); Nortel v. Kyocera Wireless (NDTX); Nokia v. Kyocera Wireless (EDTX); Kyocera International v. Nokia (SDCA). Exemplary patent litigation over biotechnology and life sciences: SIBIA v. Cadus Pharmaceuticals (SDCA); Gen-Probe v. Vysis (SDCA); Transonics v. NMT (DUT); Massimo v. Nellcor-Puritan Bennett (CDCA)

Professional background

I graduated from college with a bachelor's degree in engineering operations and then served four years in the United States Navy as a surface warfare specialist. After law school, I obtained admission to the California and PTO bars. For the first 10 years of my practice, I focused on general business litigation and served as lead trial counsel for a number of jury and bench trials. However, as San Diego's technology business base expanded, I also expanded my professional focus to include patent litigation. I now enjoy the ability to combine my business litigation experience, technical background and patent training in a variety of patent litigations and trials.

Professional affiliations

I am a member of the California and American Bar Associations, the Federal Circuit Bar Association and the American Intellectual Property Lawyers Association. I serve as a member of the ABA Intellectual Property Law Newsletter Committee and have spoken before the AIPLA and Southwestern Legal Foundation on patent trial matters. I also served as chair of the San Diego County Bar Association Legal Ethics Committee and was appointed to a three-year term as a member of the California Bar Association Committee on Professional Responsibility and Conduct.

Personal affiliations

I am particularly proud of my 11-year affiliation as a trustee of a local nonprofit group, Family Literacy Foundation (FLF). The foundation's mission is directed at facilitating supportive relationships for children through family and friends reading aloud to them. FLF sponsors an extremely important program that helps deployed military personnel (both moms and dads) read to their children via videotape and remain connected to their families even while gone for extended periods.

Personal background

I grew up as a country kid in Iowa. I signed up with the Navy before I had even seen the ocean and I've followed that devil-may-care approach ever since. From my experiences in youth, the Navy, industry and now law, I've met a universe of really interesting people who have taught me a great deal.


Amar Thakur

Sheppard Mullin

12544 High Bluff Drive, Suite 300

San Diego, CA 92130

athakur@smrh.com

(858) 720-8963

Education

Law School/Year: Arizona State University/1995

College/Year: University of Washington/1992

Bar Admissions

Arizona, California, United States Patent and Trademark Office

Practice Areas

Commercial, Intellectual Property, Patent, Trademark and Copyright, Technology

Major cases you have participated in

My practice involves a combination of IP litigation and technology transactions work. We have handled significant IP transactional work for Broadcom, Sony Ericsson, Beckman Coulter, SkyePharma, State Fund, etc., but the nature of my practice is such that those projects are confidential are not commonly publicly disclosed. As for IP litigation matters, I have represented clients like Broadcom, Yahoo, Beckman Coulter, Goal Financial, Pacific Corporate Group, etc. in IP litigation matters during the last 12 months. These disputes were either resolved out of court or have not yet gone to trial.

Professional background

I am a partner in the Intellectual Property Litigation Group and chair the firm's Technology Transactions Practice Team. My practice is devoted to the representation of life sciences and high-technology clients with extensive experience in intellectual property litigation, technology transactions and licensing matters. My representative clients include BAE Systems, Beckman Coulter, Broadcom, Broncus Technologies, Dell, Flarion Technologies, JAMDAT Mobile, OMNI Life Sciences, R.F. Magic, SkyePharma, Sony Online Entertainment, Sony Ericsson, Therapeutics Inc., Verus Pharmaceuticals, Yahoo and Xifin.

Professional affiliations

I am a member of the San Diego Intellectual Property Association and frequently speak publicly about legal issues related to intellectual property and technology transactions. I also participate on panels regularly for American Corporate Counsel Association events and am a guest lecturer at the Graduate School of Management at the University of California, Irvine.

Personal affiliations

I am a member of the board of directors for the Arthritis Foundation.

Personal background

I am a British born Indian who came to the United States to go to college in 1987. After completing my electrical engineering degree, I received my J.D. from Arizona State University on a full scholarship. I practiced IP litigation at Fish & Richardson, and then subsequently, focused on IP transacational work at Latham & Watkins. I left Latham in 2004 to start the IP practice in Sheppard Mullin's DM office. In less than two years, our group has grown to eight attorneys (two partners; six nonpartners), and additional associate hires are planned.


John Thornburgh

Fish & Richardson

12390 El Camino Real

San Diego, CA 92130

thornburgh@fr.com

(858) 678-4312

Education

Law School/Year: Stanford/1991

College/Year: Rice University/1988

Bar Admissions

California, 9th Circuit, Fed Circuit, SDCA, CDCA, NDCA

Practice Areas

Civil Litigation, Intellectual Property, Technology

Major cases you have participated in

Now finishing patent/unfair competition trial in EDTX for AVID against Datamars and Philips (RFID chips). Helped lead defense of PC industry (as Intel counsel) last year in EDTX in AVG v. HP et al. Won case for Intel on summary judgment in 2003 against Broadcom in EDTX. Won ITC trials for Intel and ATI in ITC in 2001 and 1999, respectively. Recently represented Microsoft in cases against Teknowledge and Immersion in NDCA.

Professional background

Have been doing patent litigation for 16 years, starting at Brown and Bain in Palo Alto. Helped found Silicon Valley Fish & Richardson in 1993. Moved to San Diego office of Fish in 2001. Graduated first in class from Stanford Law School in 1991.

Personal background

Born in Birmingham, Ala. Married with a 4-year-old daughter, Elizabeth.

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