Michael C. Spillner

Mike Spillner is a litigation partner in Orrick’s Silicon Valley office. He focuses on trade secret misappropriation and patent infringement disputes, and has handled many cases involving the alleged theft of confidential business information by ex-employees, competitors, and collaborators. He also has substantial experience in false advertising, unfair competition, and other complex commercial litigation matters.

He drafted the State of California's model jury instructions for trade secret cases, contributed to the California State Bar's treatise on trade secret misappropriation, and co-founded and runs Orrick's trade secrets blog, "Trade Secrets Watch" (follow on Twitter).  He frequently speaks on intellectual property topics, and was selected by Super Lawyers as a "Northern California Rising Star."

Some of his more notable cases include the following: 

• Tekmira Pharmaceuticals Corp. v. Alnylam Pharmaceuticals, Inc. Mr. Spillner represented Tekmira in this bet-the-company case against its former collaborator Alnylam in Massachusetts state court. Tekmira alleged that Alnylam had taken advantage of the collaboration to misappropriate Tekmira's secret RNAi delivery and manufacturing technology, including by applying for patents on technology developed by Tekmira and by passing off Tekmira's technology as its own. Tekmira asserted claims for trade secret misappropriation, breach of contract, false advertising, and unfair competition. Two days before jury selection, the case settled with Alnylam agreeing to pay Tekmira $75 million in cash and near-term milestone payments, and agreeing to transfer 150 patents and patent applications to Tekmira. Alnylam also agreed to dismiss counter-suits for patent infringement that it had filed in Massachusetts and Canada. The settlement ensured that Tekmira could continue operating by giving it a substantial cash infusion and clarity over its IP rights. The San Francisco Daily Journal described the settlement as a "huge win" for Tekmira. The National Law Journal recgonized the case in selecting Orrick for the 2013 "IP Hot List."
• Silvaco Data Systems v. Intel Corp.  Mr. Spillner represented Intel in this precedent-setting trade secret misappropriation case that garnered widespread interest in the industry and legal circles. Silvaco, a supplier of CAD software, accused a competitor of stealing its source code to develop competing software.  After obtaining a stipulated judgment, Silvaco sued its competitors' customers, including Intel, for receiving allegedly "tainted" software. The Santa Clara County Superior Court dismissed Silvaco's trade secret claim on summary judgment, and its related state law claims for fraud, conspiracy, unfair competition, and business torts on the pleadings. The California Court of Appeal affirmed Intel's victory in a published decision, Silvaco Data Systems v. Intel Corp., 184 Cal. App. 4th 210 (2010), and the California Supreme Court denied Silvaco's petition for review.  The appellate decision established precedent on the scope of customer liability for trade secret misappropriation, and was among the first published California appellate decisions to address the preemptive effect of California's Uniform Trade Secrets Act.
• NITGen Co., Ltd. v. SecuGen Corp.  Mr. Spillner successfully represented biometrics company NITGen in a four-week arbitration hearing in which NITGen alleged that its former officers engaged in self-dealing and embezzlement in an attempt to steal NITGen's intellectual property and cash for their other company SecuGen. NITGen won a multimillion dollar judgment and defeated SecuGen's $43 million lost profits counterclaim in its entirety. The parties litigated in multiple venues including AAA arbitration, Santa Clara County Superior Court, federal district court in the Northern District of California, and the U.S. Court of Appeals for the Ninth Circuit.  The case involved over 25 claims and counterclaims including embezzlement, breach of fiduciary duty, contract, trade secret, patent, copyright, trademark, false advertising, trade libel, unfair competition, and business torts, and even trespass and assault & battery.  
• ABB Power T&D Co. v. Alstom ESCA Corp.  Mr. Spillner was part of the trial team that successfully defended Alstom in a six-week jury trial in the U.S. District Court for the Northern District of California.  The plaintiff ABB alleged that its former employees stole trade secrets relating to computer systems used by critical infrastructure providers in the electric power industry, for the benefit of ABB's competitor Alstom. ABB alleged claims for misappropriation of trade secrets, copyright infringement, false advertising, breach of fiduciary duty, and unfair competition. The jury returned a verdict in Alstom's favor on all counts, exonerating it of liability. 
• Zero Gravity Internet Group LLC v. Hartmann. Mr. Spillner represented Zero Gravity against several of its former senior managers who resigned en masse and started a competing business, alleging that they hacked into Zero Gravity's computer system and improperly solicited its partners. Zero Gravity sought immediate injunctive relief in the U.S. District Court for the Northern District of California, alleging violation of the Computer Fraud and Abuse Act and related state law claims. The case settled after the court granted temporary injunctive relief and expedited discovery.
• Applied Materials, Inc.  Mr. Spillner represented Applied Materials in several trade secret misappropriation disputes and investigations.
• Wacoh Co. v. Analog Devices, Inc.  Mr. Spillner represented semiconductor company Analog Devices in a patent infringement action in the U.S. District Court for the Eastern District of Michigan.  The case involved MEMS accelerometers used to trigger the deployment of airbags in automobiles. The case settled favorably to Analog Devices.
• Wi-LAN Inc. v. Acer Inc. et al. Mr. Spillner represented several defendants in this multidefendant patent infringement action in the U.S. District Court for the Eastern District of Texas. The case involved wireless and DSL technology and settled favorably before trial.
• Micron Technology, Inc. v. MOSAID Technologies, Inc.  Mr. Spillner represented Micron in a patent infringement action involving DRAM technology.  The Federal Circuit decision in Micron’s favor clarified the law of patent declaratory judgment jurisdiction.  See Micron Tech., Inc. v. MOSAID Techs., Inc., 518 F.3d 897 (Fed. Cir. 2008).
• Hewlett-Packard Co. v. EMC Corp.  Mr. Spillner was part of the team representing EMC against Hewlett-Packard in a 13-patent dispute relating to data storage, server, and printer technologies.  HP initiated the lawsuit by asserting seven patents against EMC, and EMC counterclaimed with six of its own patents. After Markman and summary judgment proceedings, the case settled with HP agreeing to pay EMC $400 million.  
• Creative Tech., Ltd. v. Aureal Semiconductor, Inc.  Mr. Spillner was a member of the trial team that represented Aureal in a patent infringement jury trial in the Northern District of California. The jury returned verdict of non-infringement of Aureal’s core technology, the 3D audio sound card.
• Joe Theismann.  Mr. Spillner currently represents Joe Theismann in this consumer class action in the U.S. District Court for the Eastern District of California relating to Mr. Theismann's endorsement of the dietary supplement Super Beta Prostate.
• MetiLinx v. Hewlett-Packard Co.  Mr. Spillner represented MetiLinx in this breach of contract and fraud action in San Mateo County Superior Court, arising out of MetiLinx's sales of enterprise software to HP.  The case settled before trial.
• Bond v. Dillon.  Mr. Spillner represented a co-founder and officer in Alameda County Superior Court against claims of breach of contract, fraud, and interference with contract brought by a former business partner.  The case settled after Orrick successfully initiated a procedure under the California Corporations Code to value and buy out the plaintiff's shares in the corporation.
• Intel Corporation.  Mr. Spillner represented Intel in a wide variety of matters in state and federal court, including indemnification, bankruptcy, antitrust, and other complex commercial litigation matters.
• Anticounterfeiting.  Mr. Spillner led an investigation relating to the counterfeiting of semiconductor products in China.

Mr. Spillner's early professional career included a term as law clerk to District Judge James H. Michael, Jr., of the U.S. District Court for the Western District of Virginia. He also served as an extern law clerk for District Judge William H. Orrick, Jr., whose father was a founding partner of the firm. 

His public service included a stint as a prosecutor in the Santa Clara County District Attorney’s Office. As a member of the misdemeanor trial unit, he handled a number of jury trials, bench trials, and other hearings on the criminal docket.

He is actively involved in pro bono work, representing victims of domestic violence in San Mateo County Superior Court in partnership with the Legal Aid Society of San Mateo County. He has also acted as a volunteer captain for Rebuilding Together Peninsula.

He joined the firm as a summer associate in 1998.