I. Neel Chatterjee

Partner
Intellectual Property

Neel Chatterjee, co-chair of Orrick's global Intellectual Property Group, concentrates his practice on complex litigation for technology companies.  Mr. Chatterjee is nationally recognized for his experience in patent litigation, Internet liability litigation, trade secrets litigation and technology transactions litigation.  He has particular experience with Internet, software, computer networking and data storage technologies. Below are some examples of the types of cases he has handled.

Internet Liability Cases

  • Facebook v. ConnectU, et al.  Lead counsel for Facebook and Mark Zuckerberg in several lawsuits involving claims under the CAN-SPAM act, Computer Fraud and Abuse Act, and related claims related to use of Facebook's service for allegedly unauthorized purposes.  Also acted as lead counsel in a separate proceeding where ConnectU (and ConnectU Founders) claimed to have created the idea for Facebook.  Also represented Facebook and Mark Zuckerberg in a challenge to the settlement agreement.   
  • Facebook v. StudiVZ.  Represented Facebook in a complex multinational dispute related to copying of Facebook's graphical user interface. 
  • Facebook v. Guerbuez.  Obtained a judgment of more than US$850 million against an individual who used the Facebook Web site for improper purposes and sent false email messages to Facebook users.
  • Facebook v. Power.com.  Lead counsel for Facebook on numerous claims against Power.com related to Power.com's Internet Service that facilitates unauthorized access to Facebook and sent unsolicited messages to Facebook users. 
  • Miller v. Facebook.  Represented Facebook in a copyright infringement action related to games made available through the Facebook platform.
  • Microsoft Corp. v. RedOrbit.  Represented Microsoft in a novel Internet case related to fraudulent online advertising practices coined as "click laundering."
  • Microsoft Corp. v. Holmes.  Represented Microsoft against an international spam ring sending vast numbers of spam promoting adult content and fake pharmaceuticals. 
  • Microsoft Corp. v. John Does 1-27.  Represented Microsoft in a novel first impression matter, pursued defendants under Federal and State hacking, spam and computer abuse laws and obtained relief shutting down an approximately 400,000 computer botnet capable of sending more than 1.5 billion spam e-mail messages per day. 
  • Claridge v. RockYou.  Represented RockYou in a class action associated with an online data security breach.    
  • Butler, et al. v. Adoption.com.  Represented a same sex couple in a dispute with a company operating a Web site service related to adoption that refused to provide its services to the couple.
  • Stoner v. eBay.  Defended eBay against claims that the company was unlawfully selling, offering for sale, advertising for sale and causing the sale of illegal sound recordings in violation of three California Penal Code provisions.  eBay successfully asserted that the Communications Decency Act, 47 U.S.C. section 230, immunized eBay from liability from plaintiff’s claims.
  • eBay v. Sheaffer.  Obtained a preliminary injunction under California Penal Code section 502(c) related to unlawful trespass to eBay's computer system.
  • EMI, et al. v. VideoEgg, et al.   Represented VideoEgg in a copyright infringement dispute related to sound recordings in music videos allegedly stored on a video hosting service.  

Patent Cases

  • Rambus, Inc. v. NVIDIA Corporation.  Lead the defense of NVIDIA in a series of patent and antitrust disputes before the International Trade Commission, two Federal District Courts, a European Union proceeding, and seventeen reexamination proceedings before the United States Patent and Trademark Office.  These disputes were related to products that use certain interfacing technologies required by industry standards.
  • Nomadix v. iBahn, et al.  Currently lead counsel for iBahn Corporation in a multi-patent, multi-defendant patent dispute related to hotel-based Internet services. 
  • Scanner Technology v. KLA-Tencor and Nvidia Corporation.  Currently lead counsel in numerous patent disputes against Scanner Technology involving semiconductor inspection technologies.
  • Core Logic Information Solutions, Inc. v. Fiserv, et al.  Currently lead counsel for CoreLogic in a complex multi-defendant action related to automated property valuation technologies.  
  • Financial Systems Technology, PTY, et al. v. Oracle Corporation (pending).  Defended Oracle in a two-patent dispute related to database technology.     
  • Fotomedia v. AOL LLC, et al.  Represented AOL and Photobucket as lead counsel in several patent infringement disputes related to online photosharing technologies. 
  • Collaboration Properties, Inc. v. Tandberg, Inc. and Tandberg ASA.  Represented Tandberg, Inc. and Tandberg ASA in several patent infringement disputes related to videoconferencing technologies.
  • Hewlett-Packard v. EMC Corporation.  Represented EMC Corporation in a 13-patent dispute with Hewlett-Packard.  The case ultimately settled in a business deal estimated at US$325 million in value to EMC Corporation.
  • Network Caching Technology LLC. v. Inktomi Corporation.  Defended Inktomi in a four-patent case brought by Network Caching Technology, Inc.  In the case, Mr. Chatterjee successfully narrowed the case and obtained rulings of first impression related to the Northern District of California Patent Local Rules.
  • Papst Licensing Ltd. v. Quantum Corporation. Defended Quantum and Maxtor Corporation in a 10-year-long multi-district patent action, where the plaintiff accused Quantum of infringing 26 patents related to hard disk drive motor technology.
  • Enterasys Networks v. Brocade Communications Systems, Inc.  Currently representing Brocade in an ongoing multi-patent dispute related to computer networking technology.     

Trade Secret Cases

  • Quantum Corporation v. Imation Corporation.  Represented Quantum and obtained a preliminary injunction against Imation based upon a claim of misappropriation of trade secrets.  The injunction was obtained within 23 days of filing the complaint.
  • KLA-Tencor v. Rigg, et. al.  Defended Philip Rigg and Rigg Systems, Inc. against a preliminary injunction motion asserting a theory of "inevitable disclosure of trade secrets," as well as other theories.
  • RockYou, Inc. v. Blake Commagere.  Litigated against a former consultant to RockYou in a dispute related to certain Facebook gaming applications and unauthorized access to data.
  • Iconix Corp. v. NetPickle, et al.  Represented NetPickle and its founders in a dispute related to the founding of RockYou wherein Iconix accused the founders of misappropriating technology. 

Technology Transactions Cases

  • Inxight, Inc. v. Verity, IncMr. Chatterjee litigated a series of cases on behalf of Inxight related to licensing of software between two companies.  After Inxight prevailed at trial on one of the disputes, all of the disputes settled.

Mr. Chatterjee engages in significant pro bono work and focuses his efforts on large scale, impact driven disputes for those without a voice in the legal system.  Mr. Chatterjee has served as a lawyer representative to the Northern District of California.  He also serves on the Patent Local Rules Committee of the Northern District of California and the Federal Practice Program.  He is a past president of the Law Foundation of Silicon Valley and a current board member of that organization.  He also served on the Board of the California Bar Foundation, and has served as a Board Member of the Bar Association of San Francisco.  

He has spoken and published internationally on a number of Internet liability and patent law issues.  He also has spoken nationally on enforcing and defending patent claims and on the intersection of unfair competition and intellectual property law.  He has numerous published articles related to Internet liability issues, computer animation, business method patents and criminal trade secrets law.  He has been recognized by Chambers USA, as a Top Lawyer under the age of 40, as one of the 100 Most Influential Lawyers in California, as one of the top 75 Intellectual Property Litigators in California, and also as a California "Super Lawyer."

I. Chatterjee
Select Publications
Languages
  • English
  • German
Admitted In
  • California
Court Admissions
United States District Court
  • Northern District of California
  • Central District of California
  • Southern District of California
  • Eastern District of Texas
Education
  • J.D., Vanderbilt University Law School, 1994
  • B.A., with honors, Economics/Government, Dartmouth College, 1991
Honors
  • Named to Managing Intellectual Property’s list of “IP Stars” (2013)
  • Best Lawyers in America, 2013
  • Leading Lawyer, Chambers USA (2012)
  • "Litigation Star," Benchmark Litigation (2012)
  • "Best Lawyers 2011-2012," U.S. News & World Reports (2012)
  • Named to the Daily Journal's list of "Top 75 IP Litigators in California" (2012, 2013)
  • Named to the Guide to the World's Leading Patent Law Practitioners (2011)
  • Named to the Daily Journal's annual "Top 100 Lawyers in California" list (2009)
Clerkships
  • Hon. Patricia V. Trumbull, Magistrate Judge for the United States District Court for the Northern District of California (1995-1997)
  • Hon. Mary Mullarkey, Chief Justice, Colorado Supreme Court (1994-1995)
Memberships
  • State Bar of California
  • Bar Association of San Francisco, Past Board Member
  • Intellectual Property Inns of Court
  • Law Foundation of Silicon Valley, Former President, Current Member of the Board
  • California Bar Foundation, Former Member of the Board

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