I. Neel Chatterjee

Partner
Intellectual Property

Neel Chatterjee chairs Orrick’s internationally recognized Intellectual Property practice and is consistently recognized as one of the nation’s leading intellectual property litigators. He has a proven track record of court and trial wins in hard-to-win technology cases. Neel also is well known for handling cutting-edge legal issues that break new ground in uncertain areas of the law.  His greatest professional achievement is saving a key company invention or product line.

Nearly every ranking organization in the legal profession and numerous bar organizations consider Neel a leader in intellectual property litigation. Chambers USA has described Neel as having “the ability to think outside the box“ as well as “in depth knowledge of patent law.”

Neel’s practice centers on serving Internet, software, computer networking and semiconductor technologies.  His clients include Facebook, LinkedIn, Oracle, NVIDIA, Synopsys, CoreLogic, EMC, Ruckus Wireless, Logitech and Microsoft. His clients know that he will treat their problems as his own.

Neel is committed to the community and engages in significant pro bono work. He works to increase diversity in the legal profession and founded one of the most successful diversity career fairs in the country, the Bay Area Diversity Career Fair. His goal with respect to diversity and pro bono is to engage in activities that effect substantive change toward equality.

I. Chatterjee

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 website 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 email 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 website 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, Inc. Mr. 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.
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

Not admitted in Oregon.

Education
  • J.D., Vanderbilt University Law School, 1994
  • B.A., with honors, Economics/Government, Dartmouth College, 1991
Honors
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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