Gabriel M. Ramsey

Partner
Intellectual Property

Gabriel M. Ramsey, a partner in the Silicon Valley office, is a member of the Intellectual Property Group, and a leader of the Entertainment & Gaming Group and the Privacy, Data Security & Internet Safety Group.

Mr. Ramsey focuses his practice on intellectual property litigation. In 2012, Mr. Ramsey was named one of the top 75 IP litigators in California by the Daily Journal. In 2013, Mr. Ramsey was recognized as an "IP Star" by Managing Intellectual Property magazine.

Mr. Ramsey has substantial experience in high technology and entertainment related matters involving copyright, trademark, trade secret and patent law. He has significant experience in carrying out Internet enforcement actions involving cybercrime, fraud and deceptive activity, brand violations, intellectual property infringement and privacy breaches. He also has handled many licensing matters and general commercial disputes.

Mr. Ramsey has represented Amazon.com, Inc., Microsoft Corp., Facebook, Inc., McAfee, Inc., EMC Corp., Oracle Corp., Perfect World Entertainment, Inc., NCSoft, Namco Bandai Games, NVIDIA Corp., IGN Entertainment, Inc., CNET Networks, eHarmony.com, Say Media, Audible Magic Corp., Affinity Circles, Inc., Gracenote, Inc., Fox Entertainment Group, Fox Broadcasting, Universal Studios, The Walt Disney Company, Lucasfilm, Ltd., LucasArts Entertainment Co., Digidesign and Mesa/Boogie, Ltd. His notable representations include the following:

Intellectual Property Matters

  • EMC Corp. / RSA Security. Mr. Ramsey successfully defended EMC and RSA in a patent infringement matter involving data loss prevention and email security software.
  • Amazon.com. Successfully represented Amazon.com in patent litigation involving communications chip technology.  Currently representing Amazon.com in patent litigation involving DRAM, flash memory and RFID technology.
  • Fox Entertainment Group and Fox Broadcasting Corp. Mr. Ramsey successfully defended Fox in a patent infringement action involving forward error correction techniques allegedly used in television broadcasts.
  • Oracle. Mr. Ramsey is on the brief for Oracle in Oracle v. Google (Fed. Cir.), a high stakes copyright appeal involving whether Android impermissibly copies Java.
  • Photobucket. Mr. Ramsey successfully defended Photobucket in a patent infringement case involving online photosharing and access control technologies.
  • MGA Entertainment, Inc. Mr. Ramsey was part of a team defending MGA in a copyright, trade secret and contract matter involving fashion dolls.
  • NVIDIA Corp. Mr. Ramsey successfully defended NVIDIA in a patent infringement case involving graphics card and computer bus architectures.
  • Affinity Circles, Inc. Mr. Ramsey successfully represented Affinity Circles in a trade secret dispute involving social networking technology.
  • eHarmony.com. Mr. Ramsey represented eHarmony in a multi-defendant patent litigation involving load-balancing web and application servers.
  • International Game Technology. Mr. Ramsey defended IGT in a patent litigation involving digital gaming technology, which resulted in invalidation of the asserted patents on summary judgment.
  • Say Media. Mr. Ramsey provides intellectual property advising and counseling to this Web-based video publishing company.
  • Gracenote, Inc. Mr. Ramsey represented Gracenote in a patent litigation involving online music recognition technology.
  • The Walt Disney Company. Mr. Ramsey has advised the Walt Disney Company on copyright matters.
  • Universal Studios, Lucas Digital, and Oscar-Winning Special Effects Artist Christopher Boyes. Mr. Ramsey assisted these clients in the successful defense of a copyright infringement case involving the motion picture The Lost World: Jurassic Park.
  • Connectix Corporation. Mr. Ramsey represented Connectix in a dispute over the creation of a video game hardware emulator involving copyright, trade secret and patent claims.
  • Lucasfilm, Ltd. and LucasArts Entertainment Co. Mr. Ramsey represented these clients as plaintiffs in a trademark infringement action, resulting in a finding of infringement on summary judgment.
  • Pioneer Corporation. Mr. Ramsey represented Pioneer in an ongoing industry standard-setting process involving the adoption of a digital video copy protection solution based on DVD watermarking technology.

Internet Security, Safety And Brand Protection Matters

Botnets

  • Carried out action to disable 96 IP addresses and thousands of domains that controlled the million computer "Rustock" botnet, capable of sending 30-40 billion spam email messages per day. The botnet was then the single largest source of spam in the world. This action decimated this massive criminal infrastructure.
  • Carried out action to disable 276 domains that controlled the 400,000 computer "Waledac" botnet capable of sending nearly 1.5 billion spam email messages per day. This action was the first civil action of its kind.
  • Carried out actions to disrupt the "Zeus," "IceIX," "SpyEye" and "Citadel" financial theft botnets, which were collectively responsible for hundreds of millions of dollars of online account theft.
  • Microsoft v. Sabelnikov, carried out this action to dismantle the "Kelihos" spam botnet and pursue the botnet's creators.
  • Microsoft v. Yong, carried out this action to dismantle the "Nitol" botnet, which leveraged counterfeit versions of the Windows operating system to distribute the malware and was used to carry out theft of personal information. 
  • Microsoft v. Chupakhin, carried out this action to dismantle the "Bamital" botnet, which was engaged in online advertising "click" fraud, and pursue the botnet's creators.

Cybercrime, Fraud, Abuse

  • Identified and successfully pursued participants in an international criminal organization responsible for an enormous volume of fake pharmaceutical and adult spam email.
  • Identified and pursued defendant that used Internet means to misappropriate and convey confidential technical material in a trade secret and corporate espionage matter.
  • Prosecuted action against parties fraudulently manipulating email spam filters and carrying out illegal automated creation of email accounts and spam email activity.
  • Successfully implemented enforcement program to disrupt distribution of pirated software through offshore file-sharing sites and peer-to-peer networks.
  • Investigate and pursue credit card fraud ring abusing online gaming platform.
  • Investigated and initiated international civil litigation and law enforcement referrals against an "advance fee fraud ring."
  • Investigated and pursued perpetrators of an online and telephonic "customer support" scam.
  • Prosecuted action against website publisher and internet traffic provider in a novel Internet case related to "click fraud" and related fraudulent online advertising practices.
  • Investigated and pursued party engaged in fraudulent manipulation of search engine promotional program.
  • Investigated and advised regarding various malware and adware programs.
  • Defending Microsoft in Holomaxx v. Microsoft, a matter involving use and implementation of spam email filters.

Brand Protection

  • Prosecuted actions against cybersquatters infringing trademarks.
  • Carried out international enforcement actions against promoters and distributors of counterfeit goods, including consumer products, digital works, software and pharmaceutical products.
Gabriel Ramsey
Speeches
  • "Terra Terror and Traveling Tricks - Developments in Cybersecurity, US and International Trade Secret Law," AIPLA Annual Meeting (October 25, 2013)
  • The Cops Too?—Concurrent Criminal and Civil Trade Secret Litigation, AIPLA Trade Secret Summit (October 22, 2013)
  • "Bye, Bye Botnets," IAPP Privacy Academy (October 1, 2013)
  • "U.S. Cybercrime & Cybersecurity: Today’s Stark Realities," Sandpiper Breakfast Briefing (September 17, 2013)
  • "Trends in Cybercrime: Protecting Your Company, Your Clients and Your Future," Orrick/Deloitte Panel Discussion (April 18, 2013)
  • "Technology and Privacy Design," Berkeley Center for Law & Technology: Privacy Law Forum (March 21, 2013)
  • "Separating Personal and Professional Digital Lives," AIPLA Mid-Winter Institute (January 25, 2012)
  • "Developments in DRM and the Mobile Environment," All Hands Meeting (December 7, 2011)
  • "Why are License Agreements so Convoluted?" CNET Reporters’ Roundtable Podcast (June 10, 2011)
  • "Risk of Cloud Computing: How it changes the legal landscape," British American Business Council: Transatlantic Business Conference (May 11, 2011)
  • "Working in the Cloud Format: Risks and Rewards," IP Counsel Cafe (April 7, 2011)
  • "Legal Topics for Russian and Ukrainian Technology Companies: A Corporate and Intellectual Property Overview," Orrick Panel Discussion (March 21, 2011)
  • "Social Media Seminar," Orrick Panel Discussion (November 9, 2010)
  • "Social Media and Social Network Issues as They Relate to Video Games," Gamer Technology Law Conference (March 25, 2010)
  • "Social Networks in the Workplace," Supernova 2009 (December 1, 2009)
  • "DRM Implementation in Media and Entertainment: From Standardization to Implementation of New Technology Strategies," Digital Hollywood at CES (January 10, 2009)
  • "New Frontiers & New Media-Copyright In The Digital Age," Intellectual Property Institute of Canada (October 17, 2008)
  • "Innovation in Games, Game Networks and Social Gaming," Building Blocks 2008 (August 6, 2008)
  • "Fair Use: The Real State Of The Art," 2008 Consumer Electronics Emerging Technologies Summit (May 20, 2008)
  • "Legal Issues Facing Social Media Companies," SNAP Summit 2.0 (March 25, 2008)
  • "Web 2.0: The Emerging Law of Wiki, Blogs and Social Networks and Its Impact on Traditional Business and Entertainment," Media Summit 2008 (March 12, 2008)
  • "Next Generation P2P Music and Film - DRM, Paid for Pass-Along and Other Legal Distributed Computing Models and the Entertainment Industries," Digital Hollywood at CES (January 9, 2008)
  • "Managing Your Legal Risks in the Social Media Space," Orrick Panel Discussion (October 22, 2007).
  • "Legal Issues Affecting Creation and Implementation of DRM Systems," 2007 Game Developers Conference (March 9, 2007).
  • “Issues in Internet Law - Overview of MediaX Intellectual Property Exchange Project,” Stanford University MediaX Meeting (July 27, 2006).
  • “Copyrights in the Aftermath of Napster,” CLE International (February 6, 2004).
Select Publications
  • "Trade Secrets And Cybercrime: Building A Defensive Platform,"AIPLA Annual Meeting, October 25, 2013
  • "The War On Cybercrime: How Far Can You Go?," Corporate Counsel, April 16, 2013
  • "Self-Regulation Beats Litigation (ESRB and the First Amendment)," The Recorder, September 14, 2011
  • "Google's $500 Million Pharmaceutical Advertising Settlement and Implications for the Rogue Pharmaceutical Ecosystem," Orrick Client Alert, September 8, 2011.
  • "Cybercrime strategy for social networking and other online platforms," The Licensing Journal 30.7, August 2010
  • "Legal Limits on Content Licensing: The Current Landscape," IP Litigator, Volume 15 Issue 3, May/June 2009
  • “Intellectual Property in the Brave New World of User-Created Games,” biz.gamedaily.com, November 2006.
  • “Digital Rights Management Backlash: New Battles in the Old Content War,” Law.com, August 2006.
  • “Databases in the Biological Sciences. A User's Guide to the Current Copyright Landscape,” Plant Physiology, Volume 132, Page 1131, 2003.
  • “Bioinformatics Databases: Questions of Copyright,” Biopharm International, Volume 15, Number 11, Page 46, November 2002.
  • “Latest Proposal to Amend the Copyright Act Opens Up a Familiar ‘Can of Worms,’” The Intellectual Property Strategist, Volume 8, Number 2, November 2001.
  • “Trade Secrets Online: Fair Disclosure or Road for Theft,” 2 Internet Law and Practice, chapter 18.
  • “Fair, Accurate and True? Authenticating Evidence in the Age of Digital Manipulation,” The Practical Litigator, Volume 11, Number 1, January 2000.
Admitted In
  • California

Education
  • J.D., University of California, Berkeley School of Law, 2000
  • B.A., cum laude, Anthropology, University of Massachusetts, 1995
Honors
Memberships
  • State Bar of California
  • American Bar Association
  • American Intellectual Property Law Association
  • San Francisco Intellectual Property Law Association
  • International Association of Privacy Professionals

Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.

OK
Cancel