Denise Mingrone Advises Companies on Protecting Software IP Against Piracy
Experienced litigator Denise Mingrone enforces and protect clients’ technology rights. She approaches each challenge on multiple fronts so as to achieve success whether it be in or out of court.
No stranger to the courtroom and having handled complex litigations for technology giants including Synopsys, Brocade, Applied Materials and Oracle, Denise seamlessly and efficiently manages large teams to secure victory. Clients appreciate her transparent collaboration and instinct for developing a strategy that ensures the right evidence is presented in the best manner.
The jury verdict Denise’s team obtained in the Netgear v. Ruckus Wireless patent trial, for example, surprised most because the team took over the case just weeks before jury selection, earning the number one place on that week’s “Top Jury Verdicts.” Prior to the Ruckus trial, Denise’s team similarly received accolades as “Top Verdict of the Year” for its jury win on behalf of Brocade against A10 Networks involving patent and copyright infringement. These victories were preceded by a trade secret win for MGA in the “Barbie v. Bratz” epic battle against Mattel, which earned Denise the “California Lawyer of the Year” award for her contributions.
In addition, Ms. Mingrone has led numerous software piracy matters, obtaining full relief whether through negotiation or litigation. Her work in this area encompasses both confidential as well as public investigations, all designed to ensure clients secure the protection of their intellectual property rights and receive appropriate relief when those rights are infringed.
As a former law clerk to several federal judges, Denise appreciates that cases do not turn on facts alone. She has waged and won numerous courtroom battles both obtaining and defending pre-trial injunction motions. As one opponent noted, “She’s a fierce advocate who will go to the mat for her client’s position.”
Other Notable Engagements
Synopsys, Inc. v. Ubiquiti Networks, Inc. et al (N.D. Cal.): Denise led the team representing Synopsys in a hotly contested copyright battle concerning the rights and reach of the Digital Millennium Copyright Act (“DMCA”). After filing a complaint for software piracy against both defendants, operating in the US and in Taiwan, discovery unveiled a full scheme involving the trafficking of counterfeit tools and license keys across countries, all cloaked by defendants’ electronic and firewall manipulations. When faced with their misconduct, defendants engaged in massive evidence destruction. The complaint was amended to include claims for copyright infringement, violations of the Racketeer Influenced Corrupt Organizations Act (“RICO”), multiple federal anti-counterfeiting statutes, and common law torts of deceit. The case presented numerous questions of first impression under the DMCA and federal counterfeiting statutes. The case is also significant due to the high volume of infringements: over 30,000 acts of unauthorized access to Synopsys’ sophisticated semiconductor design software. Orrick led the case to a disclosed favorable settlement just weeks before trial.
Netgear, Inc. v. Ruckus Wireless, Inc. (D. Del.): Following an eight day trial presided over by District Judge Robinson, the jury returned a verdict of non-infringement as to all accused Ruckus products. Denise co-tried the case with Orrick partners Neel Chatterjee and Nick Setty.
Brocade Communications v. A10 Networks (N.D. Cal.): Denise managed the trial team that obtained a $112M jury verdict against A10 for patent and copyright infringement, as well as trade secret misappropriation and intentional interference with contract. Based on this verdict, this team also secured permanent injunctions for Brocade in February 2013 against A10 based on A10's patent infringement and trade secret misappropriation.
Synopsys, Inc. v. Sabharwal (N.D. Cal.): Denise led the litigation team that secured injunctive relief against defendant to halt trade secret misappropriation.
MGA v. Mattel, Inc. (C.D. Cal.): Denise managed the Orrick team, and obtained an $88 million dollar verdict based on a finding of willful and malicious misappropriation of trade secrets by Mattel. The team successfully defended Mattel's contentions as well, establishing MGA's uncontested ownership rights in Bratz.
Siliconware Precision Industries Co., Ltd: and Siliconware USA, Inc. (ITC and N. D. Cal.): Denise's litigation team successfully defended these respondents in patent litigation before the ITC, resulting in the withdrawal by Tessera Inc. of its complaint concerning Tessera's semiconductor chip packaging technology.
Acer, Inc., Nanya Technology Corporation and Powerchip Semiconductor Corporation (ITC): Denise served on the winning litigation team, defeating Tessera on behalf of these respondents in patent litigation before the ITC concerning Tessera's packaging patents.
Applied Materials, Inc. v. SES: Denise was part of the team that obtained a preliminary injunction in Arizona state court on behalf of Applied Materials, Inc. The injunction prevented misappropriation of Applied's intellectual property and continues to protect its trade secrets.
Johnson & Johnson v. Genentech: Denise was part of an Orrick team that succeeded on its motion to dismiss the complaint filed against Genentech, ultimately leading to a non-monetary settlement and dismissal of the case.