Litigation Strategies for IP Cases
Lisa has handled a variety of matters in state and federal trial and appellate courts, ranging from matters involving copyright, trademark, trade name, false advertising, rights of publicity, libel and defamation; to product liability and consumer class action litigation; to domain name, contract and licensing disputes. Lisa served as trial counsel to Oracle in the recent Oracle v, Google jury trial regarding whether Google's use of the Java APIs in Android was fair use under the Copyright Act. She also served as counsel to DISH Networks, LLC in its copyright litigation with the broadcast networks over various features offered by DISH's Hopper DVR, including AutoHop and Sling, defeating three preliminary injunctions, obtaining favorable rulings on both AutoHop and Sling from the Ninth Circuit and obtaining a favorable summary judgment decision which considered Aereo as it relates to DISH's Sling feature. Lisa also served as counsel to Supap Kirtsaeng on his appeal to the U.S. Supreme Court, securing a 6-3 decision in Mr. Kirtsaeng's favor on the issue of copyright's first sale doctrine and its applicability to good manufactured abroad, and was on the trial team that secured a jury verdict for MGA Entertainment, Inc. in its copyright and trade secret dispute over the Bratz dolls.
Lisa has been recognized as a "Top 250 Women in IP" and has received recognition for her legal achievements from Benchmark, American Lawyer and Super Lawyers. Lisa currently serves as Partner-in-Charge, Firmwide Campus Recruiting and Hiring Partner for the New York Office. Lisa is also a member of the Professional Development Committee (PDC).
Some of Lisa's notable cases include the following:
Oracle America, Inc. Lisa represented Oracle in its recent copyright fair use jury trial against Google over the use of Oracle's JAVA source code in Google's Android operating system.
Coorstek Medical LLC. Lisa served as trial counsel in this bench trial in the District of Colorado concerning trade dress rights in the color pink for ceramic hip ball replacements.
Kirtsaeng v. John Wiley & Sons, Inc. Lisa obtained a victory in the U.S. Supreme Court on behalf of Petitioner Kirtsaeng concerning the application of the Copyright Act's first sale doctrine to foreign-manufactured goods.
DISH Network, LLC. Lisa represented DISH in its highly publicized copyright and breach of contract disputes with FOX, NBC, ABC and CBS in NY and California concerning DISH's Hopper DVR and successfully defeated Fox's and ABC's three separate motions for a preliminary injunction on DISH's PrimeTime Anytime, AutoHop and Sling features, filed in NY and California federal court. Lisa and the DISH team also defeated two separate appeals by Fox of those ruling in the Ninth Circuit and the team obtained a favorable summary judgment decision dismissing the majority of Fox's copyright claims.
MGA Entertainment, Inc. Lisa represented MGA in its appeal to the Ninth Circuit with respect to its copyright and trade secret dispute with Mattel over the Bratz dolls and obtained a complete reversal of the District Court's order in MGA's favor. On retrial to a jury in the California district court, Lisa was a member of the trial team that obtained a complete victory for MGA. The jury held that MGA was the owner of the Bratz dolls and found that Mattel was liable to MGA for $309m on its counterclaims.
Sanei International Co., Ltd. Lisa successfully defeated two applications for preliminary injunction filed by designer JILL STUART against Japanese retailer Sanei, and obtained dismissal of two separate trademark, copyright and contract claims in litigations pending in SDNY. Lisa also successfully argued two separate appeals of those wins in the Second Circuit.
Lisa also represented Sanei in a separate trademark dispute over the fashion designer's trademark and name CHARLOTTE RONSON.
NYC Triathlon. Lisa obtained a preliminary injunction for NYC Triathlon in a trademark dispute over the use of its name, which included a judicial finding of secondary meaning in the NYC TRIATHLON service mark.
Microsoft. Lisa argued and won an appeal in New York's Appellate Division, First Department, affirming the dismissal of a breach of contract action against Microsoft.
Facebook, Inc. Lisa represented Facebook in a variety of matters, including New York-focused litigation relating to the Winklevoss twins' claims of ownership of Facebook and matters implicating the Communications Decency Act (CDA) and the Electronic Communications Protection Act. In a matter of first impression in New York, she obtained a dismissal of all claims against Facebook based on CDA immunity.
Wyeth. Lisa represented Wyeth in a variety of matters, including:
Dow AgroSciences. Lisa obtained the dismissal of state law claims brought by more than 300 residents of Ecuador alleging personal injuries from exposure to a commercial fungicide used on banana crops.
iVillage/NBC. Lisa represented iVillage (which was acquired by NBC in 2006) in several significant lawsuits dealing with, among other issues:
MP3.com. Lisa represented Internet music provider MP3.com in numerous litigations in which various record companies, including all the major records labels, asserted copyright claims arising from the launch of MP3.com's online music service. Lisa also represented MP3.com in litigation brought by several recording artists, as a purported class, who asserted various copyright claims against MP3.com and the major record labels.
09.26.16 - 09.27.16