Robert E. Freitas

Bob Freitas, a partner in the Silicon Valley office, focuses his practice on intellectual property litigation, representation of policyholders in insurance coverage claims and litigation, antitrust law, and complex litigation. From 1995 to 1998, Mr. Freitas was co-national coordinating counsel for bid protest litigation for the Land Mobile Products Sector of Motorola, Inc. He was national coordinating counsel for International Insurance Company’s environmental impairment liability insurance coverage litigation from 1991 to 1994.

The following are some of Mr. Freitas’ notable representations:

• Nanya Technology Corporation and Nanya Technology Corporation USA, Inc.  Mr. Freitas represents Nanya Technology Corporation and Nanya Technology Corporation USA in In re DRAM Antitrust Litigation, a multidistrict proceeding in the Northern District of California, and numerous indirect purchaser cases filed in state courts in California and approximately 25 other states.
• Seagate Technology LLC. In Seagate Technology LLC v. Certain Underwriters at Lloyd's, Mr. Freitas represented Seagate Technology and New SAC in an insurance coverage and bad faith case under a directors and officers policy in Santa Cruz Superior Court.
• SecuriMetrics, Inc.  In SecuriMetrics, Inc. v. Iridian Technologies, Inc., Mr. Freitas represents SecuriMetrics, Inc. in a license dispute involving iris recognition technology in the District of New Jersey.
• NITGen Co., Ltd.  In NITGen Co., Ltd. v. SecuGen Corporation, Mr. Freitas represented the claimant, a manufacturer and seller of biometric devices employing fingerprint recognition technology, in a breach of fiduciary duty, breach of contract, accounting fraud, and embezzlement arbitration with patent, copyright, trade secret, false advertising and business tort counterclaims.
• Alstom ESCA Corporation. In ABB Power T&D Company v. Alstom ESCA Corporation, Mr. Freitas represented Alstom ESCA Corporation in a trade secret, copyright and Lanham Act trial in the Northern District of California.
• Digital Lightwave, Inc. In Hernandez v. Digital Lightwave, Inc., Mr. Freitas represented Digital Lightwave, Inc. in a wrongful termination trial in San Francisco Superior Court.
• Minerva Networks, Inc. Mr. Freitas represented Minerva Networks, Inc. in the prosecution of an insurance coverage claim for a patent and trade secret case under a general liability policy.
• Bryan J. Zwan. In Haney v. Bryan J. Zwan and Digital Lightwave, Inc., Mr. Freitas represented the founder of Digital Lightwave, Inc. in a contract/fraud action in the Southern District of Ohio.
• net.com. Mr. Freitas represented net.com in the prosecution of an insurance claim under a business income policy.
• Bellevue Resources. In Bellevue Resources, Inc. v. Royal & Sun Insurance Company of Canada, Mr. Freitas represented Bellevue Resources, Inc. in an insurance coverage and bad faith case under a general liability policy in Los Angeles Superior Court.
• The Capital Company of America. Mr. Freitas represented The Capital Company of America in the prosecution of an insurance claim under a directors and officers policy.
• AT&T and Lucent Technologies. In United Computer Systems v. AT&T Corp. and Lucent Technologies, Mr. Freitas represented the respondents in the arbitration of a software license dispute with claimed lost profits of US$6 billion.
• United HealthCare Corporation and United HealthCare of California. In Watts Health Foundation v. United HealthCare Corporation, Mr. Freitas represented the defendants in a service mark dispute in the Central District of California.
• Motorola Communications and Electronics. In Ericsson Inc. v. Board of Supervisors of Fairfax County, Virginia, Mr. Freitas represented Motorola Communications & Electronics, Inc. in a bid protest litigation involving a US$20 million public safety radio system contract in the Eastern District of Virginia. In Ericsson Inc. v. County of Orange, Mr. Freitas represented the same client in a bid protest action involving an US$80 million public safety radio system contract in Orange County Superior Court.
• Willis Corroon Group and Willis Corroon Corporation. Mr. Freitas represented these clients in an attempt-to-monopolize case, Rollins Hudig Hall of Southern California v. Willis Corroon Group, in the Central District of California.
• International Insurance Company. In NL Industries v. Commercial Union Insurance Co., Mr. Freitas represented International Insurance Company in an environmental insurance coverage dispute in New Jersey. In Stauffer Chemical Co. v. American Motorists Ins. Co., Mr. Freitas represented International Insurance Company in an environmental insurance coverage dispute in Los Angeles County Superior Court.
• Antitrust Investigations. Mr. Freitas has represented clients in connection with Civil Investigative Demand and grand jury practice.
• In re New World Entertainment Securities Litigation. Mr. Freitas represented the underwriter and an outside director in this securities class action in the Central District of California.
• In re Oasis Petroleum Corporation Bankruptcy Litigation. Mr. Freitas was special litigation counsel to a bankruptcy trustee in the Central District of California.
• San Diego Service Authority for Freeway Emergencies. Mr. Freitas represented a public entity in litigation involving a challenge to the award of a contract for a countywide emergency callbox system in San Diego County Superior Court and the California Court of Appeal.
• Allstate Insurance Company. In Beavers v. Allstate Ins. Co., in the Sacramento County Superior Court and the California Court of Appeal, Mr. Freitas represented Allstate Insurance Company in post-trial and appellate proceedings that resulted in the elimination of a US$5.6 million judgment.
• Bank of Hawaii. Mr. Freitas represented Bank of Hawaii in a service mark dispute in The Pacific Bank v. Bank of Hawaii in the Northern District of California.

Community Service

• Mediator, United States District Court, Northern District of California
• Trustee (1993-Present) and President (2000-02), Hastings College of the Law 1066 Foundation
• Director (1995-99), Public Counsel
• Director (1997-99), Los Angeles Business Council  
• Coach, Menlo-Atherton Little League

Admitted in

• California

Memberships

• American Bar Association: Section of Intellectual Property Law
• American Bar Association: Section of Antitrust Law, Intellectual Property Committee, Sports, Labor, and Entertainment Industry Committee
• American Bar Association: Section of Litigation, Insurance Coverage Committee
• State Bar of California: Antitrust, Litigation, Intellectual Property Law Sections
• University of Oregon Intercollegiate Athletics Advisory Council (1998-2005)

Multimedia

Publications

• Co-Author, "Understanding The Objective Prong In Seagate," IP Law 360, July 01, 2009
• Co-Author, “Long-Awaited Decision Applies Patent Exhaustion to Method Patents” Orrick Client Alert, June 12, 2008
• Author, “Overview: Looking Ahead at Sports and Antitrust Law,” Antitrust, Spring 2000
• Author, “Montrose v. Admiral and Drafting History: Is This A Step Backward?” Coverage (1996)
• Contributing Editor, "Cartwright Act," California Antitrust Law: Third Edition
• Contributing Editor, "Intellectual Property and Antitrust Law," "Cartwright Act," California Antitrust Law: Second Edition
• Contributor, ABA Section of Antitrust Law: State Action Practice Manual
• Contributor, “1997 Annual Review of Antitrust Law Developments,” ABA Section of Antitrust Law: State Action Developments
• Contributor, "New Legislation," California Litigation Review (1996-1997, 1999)
• Contributor, California Antitrust Law Jury Instructions
• Co-Author, "California Forms of Jury Instructions," Matthew Bender: Unfair Competition

Speeches & Programs

• "Calculating and Proving Patent Damages, Beyond the Usual Courses of Action for Pursuit and Defense, Putting It All Together: Mock Closing Arguments in a Hypothetical Case," Law Seminars International
• "Effective Financial Expert Testimony, Presenting Expert Testimony, Tips for Effective Communication," Law Seminars International, (2004)
• Event Co-Chair, "Calculating and Proving Patent Damages," Law Seminars International, (2004)
• "Directors and Officers Insurance and Indemnity," VC Task Force, (2004)
• "Calculating and Proving Patent Damages: Strategies for Defending Attorneys," Law Seminars International, (2003)
• "Calculating and Proving IP Damages: Strategies for Defending Attorneys," Law Seminars International, (2003)