Orrick Recognized by American Lawyer, Law360 and the Recorder for its IP Trial and Appellate Victories

January.02.2014

In recognition of an extraordinary string of wins in 2013 by Orrick’s trial and appellate teams, Orrick was selected by both American Lawyer and Law360 as among the top IP practices of the year.

In selecting Orrick as a finalist for IP Department of the Year, the American Lawyer noted how "a lot of law firms have spoken out against so-called patent trolls” but that “Orrick...doesn't just talk the talk … It led efforts to stop the tactics that many nonpracticing entities use to induce settlements."

In addition to the firm’s patent troll result for EMC, the American Lawyer also recognized the firm's significant victories on behalf of Dow AgroSciences in two patent infringement lawsuits brought by rival Bayer and its numerous wins for DISH Network in its epic bi-coastal copyright battle with all of the major networks over DISH’s DVR ad-skipping technology. The publication also touted Orrick for "making law" in the landmark US Supreme Court copyright decision Kirtsaeng v. John Wiley & Sons, Inc.

As a Law360 IP Practice Group of the Year, Orrick was honored for “a slew of high stakes copyright and patent wins” that it secured on behalf of several “big-name clients.” Law360 highlighted the firm’s work on the patent front for Brocade Communications Systems Inc. in its long-running infringement case against A10 Networks Inc. and noted how the firm “beat back numerous lawsuits” filed by so-called patent trolls like Acacia Research and BIAX Corp.

These two awards follow the Recorder naming Orrick as California Litigation Department of the Year and California Labor & Employment Department of the Year, and as a finalist for California IP Department of the Year. The firm’s IP and Litigation platform has grown to well over 500 litigators globally, including with the addition of several well-recognized trial lawyers in the past year.

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D:+1 202 339 8509
E: [email protected]

Practice:

Technology & Innovation Sector
Propriété intellectuelle
Japan

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Steven J. Routh Partner

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Steve knows how to minimize risk while delivering a client’s business objective, either by defeating an opponent’s case in court or by negotiating the best possible settlement. His ability to pinpoint the argument that will resonate with each judge and jury has enabled him to protect cutting-edge technology involving medical devices, automotive components, telecommunications standards, digital and 3D imaging, guest engagement systems, and semiconductor devices and manufacturing processes. He has also used those same skills in litigating numerous antitrust, unfair competition, and complex tort and contract cases.

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Chris R. Ottenweller Senior Counsel, Propriété intellectuelle

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D:+1 650 614 7454
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Chris R. Ottenweller Senior Counsel

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Chris has served as first-chair counsel in more than 75 cases, successfully resolving virtually every one of them; and has tried many cases to judgment, in all types of forums, including jury trials, bench trials, the ITC and arbitrations. His cases involve cutting-edge legal issues and run the full gamut of technologies, including data storage, mobile devices, semiconductors, computers, graphical user interfaces, flash memory and many other technologies.

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Annette Hurst Partner, Propriété intellectuelle, Trademark, Copyright & Media

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D:+1 415 773 4585
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Annette Hurst Partner

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Peter Bicks Partner, Contentieux complexes & Résolution des litiges, Mass Torts & Product Liability

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Peter Bicks Partner

New York

In recognition of Peter’s career trial work, he was inducted into the American College of Trial Lawyers in 2015. Juries have compared him favorably to Johnnie Cochran and F. Lee Bailey. Clients laud Peter, telling Chambers USA 2020-2022, “He’s a standout trial lawyer and an outstanding advocate overall. He appreciates the client’s needs and advocates for them everywhere.” Another client notes, “He is brilliant in the courtroom under the most intense pressure,” “a master of seeing the full chessboard.” That praise is echoed by sources saying, Peter is “one of these lawyers that really turns big cases; he’s a real trial lawyer,” and calling him “one of the most gifted trial lawyers that I have ever seen.” Clients go on to applaud his trial experience and strategic approach saying, “Peter really knows his way round a courtroom. He's a great trial tactician.” “He is an outstanding advocate who appreciates the client's needs and reputational questions involved.” A peer in the trial bar told Law360, “What is most impressive is his ability as a true Field General – calmly directing his team’s efforts.”

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Peter serves as co-head of the firm's Global Litigation practice and is a former member of Orrick’s Board and Management Committee. Before joining Orrick, Peter was a partner at Donovan Leisure. He captained his college tennis team to a national ranking, has successfully competed in major national sailboat competitions, and serves on the Board of the Harlem Junior Tennis and Education Program. With his wife Linda, he has three children: Avery, Isabelle and Phoebe.

Lisa T. Simpson Partner, Propriété intellectuelle, Trademark, Copyright & Media

New York

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D:+1 212 506 3767
E: [email protected]

Practice:

Technology & Innovation Sector
Life Sciences Sector
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Contentieux complexes & Résolution des litiges
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Lisa T. Simpson Partner

New York

Lisa has been recognized as one of the "Top 250 Women in IP" by Managing Intellectual Property and has received accolades from American Lawyer, Benchmark Litigation, The Legal 500 USA and New York Times Magazine with World Trademark Review 1000 noting that Lisa “marries a rich comprehension of IP law with a gift for connecting with people, making full use of each advantage in the courtroom.” Lisa was recently named to Lawdragon's 500 Leading Litigators in America list.

Trial Experience

Lisa has served as trial counsel across a wide range of matters. She recently served as co-lead trial counsel in a case in Delaware Chancery Court in a dispute over corporate control and ownership. She is currently serving as lead trial counsel in an energy distribution contract and rate dispute in North Dakota. Lisa also served as trial counsel for Oracle in its dispute with Google over the Java APIs in Android phones in the Northern District of California and served as trial counsel in a matter involving the trade dress of a hip implant medical device in the District of Colorado. Lisa has also served as trial counsel in a number of product liability matters involving allegations concerning talc, analgesics and herbicides.

Intellectual Property

Lisa handles a variety of high-profile trademark, trade secret, and copyright matters. Lisa’s copyright experience includes some of the leading copyright cases of the past decade: she represented Oracle in its litigation with Google over the Java APIs, represented DISH Networks, LCC in its copyright litigation with the broadcast networks over various features offered by DISH’s Hopper DVR, including AutoHop and Sling and served as counsel to Supap Kirtsaeng before the U.S. Supreme Court on the issue of the copyright first sale doctrine’s applicability to goods manufactured abroad.

Lisa’s trademark and trade secret litigation has spanned a variety of courts and industries: she successfully defended trademark infringement claims in the Northern District of California on behalf of Sony over its popular “Gran Turismo” racing video game and scored two separate wins in the Southern District of New York and then in the Second Circuit on behalf of client Sanei in trademark litigation brought by fashion designer Jill Stuart. Lisa also successful established secondary meaning and secured a preliminary injunction for the New York City Triathlon in S.D.N.Y. Lisa also represented a major pharmaceutical and healthcare company in trade secrets litigation concerning multi-payor coordination of prescription drug benefits loyalty cards.

Products Liability and Consumer Class Action

Lisa serves as counsel to Johnson & Johnson, Chanel, and Avon in cases asserting claims arising from the use of its talcum powder products, including claims of mesothelioma and ovarian cancer. She also represented Wyeth and Dow Agrosciences in a variety of complex products liability and consumer class action litigations. Lisa served as counsel in hundreds of product liability matters concerning injuries allegedly associated with childhood vaccines, handled litigations involving the labeling and advertising of Advil, and obtained the dismissal, prior to class certification, of a consumer class action in a matter concerning the calcium supplement Caltrate.

Current Pro Bono Representation

Lisa served as trial counsel for Planned Parenthood of Indiana and Kentucky, securing an important trial win invalidating as unconstitutional a statewide law that jeopardized access to safe and legal abortion services in Kentucky.
Lisa also has served in a variety of firm management roles, including on the Firm’s Management Committee, as Hiring Partner for the New York office as well as Partner-in-Charge of Firmwide Campus Recruiting and as a member of the Professional Development Committee.

Mark Davies Partner, Supreme Court & Appellate, Propriété intellectuelle

Washington, D.C.

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D:+1 202 339 8631
E: [email protected]

Practice:

Supreme Court & Appellate
Propriété intellectuelle

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Mark Davies Partner

Washington, D.C.

Mark is a highly successful appellate lawyer who has argued and briefed many cases, both in private practice and government. Mark has argued 50 appellate cases, including multiple arguments for one of the world’s leading high-technology companies. He has handled many appeals for Asian and European companies in U.S. courts, including challenges to International Trade Commission actions. He has represented, often repeatedly, companies such as Bosch, Cisco, EMC, Emerson, Ericsson, Fujitsu, Harmon, Honda, Intel, MediaTek, Microsoft, Nintendo, Nvidia, Oracle, Solar City, Sonos, Tesla, TSMC, VeriFone, Vizio, and others. And, he regularly helps defeat non-practicing entities such as Intellectual Ventures, IP Bridge, and Uniloc Corporation.

Legal 500 reports, “prominent in the high-tech field, Mark Davies…is praised for his ‘unparalleled Federal Circuit experience.’” An interviewee noted that he “‘is an outstanding leader of their appellate teams, as well as a skilled and subtle advocate. He really knows the Federal Circuit. Mark also has the crucial ability to see both the big-picture forest and the technically-detailed trees at the same time, and to weave them all together into a compelling story on appeal.’”

Mark is ranked in Chambers USA for Nationwide Appellate Law and Nationwide Intellectual Property: Appellate. Chambers USA 2023 quotes an interviewee that said: "He knows the Court's history, what the best arguments would be, how to present them and how to frame the issues to maximize the chances of the Supreme Court accepting cert." Another interviewee said: "He is very responsive and thoughtful. He has a great presence, a strong command of the cases he's arguing and good rapport with judges."

Mark’s practice focuses on cutting-edge legal issues of particular importance to high-technology clients, including novel issues such as patent damages, standard setting, and artificial intelligence.

He is the author of the “user manual” for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (November 2017). His cases have involved virtually every area of patent law, as well as copyright, trade secret, and trademark law.

Mark is also the author of a legal treatise Artificial Intelligence: Law & Litigation (LexisNexis/Matthew Bender June 2023).

Mark appears frequently in federal district courts, serving as legal strategist in complex intellectual property cases. In high-stakes trials, he often leads ‘appellate eyes’ teams to set the stage for the inevitable appellate proceedings.

He also plays an active role in the development of U.S. technology policy and has represented clients at the Department of Justice, the Commerce Department, the Federal Trade Commission, the Patent and Trademark Office, and other government agencies. His amicus briefs on behalf of various technology clients are often cited in judicial opinions.

Mark also has a strong pro bono appellate practice, representing clients in the D.C. Court of Appeals, as well as the U.S. immigration and criminal systems. He is a member of the District of Columbia Court of Appeals Criminal Justice Act Panel.

Before joining Orrick, Mark served as a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice (1999-2006), where he represented the U.S. Patent and Trademark Office, the Copyright Office, the International Trade Commission and other federal agencies before the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court. Mark also practiced with another major law firm appellate practice in Washington D.C.

E. Joshua Rosenkranz Partner, Supreme Court & Appellate, Propriété intellectuelle

New York

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D:+1 212 506 5380
E: [email protected]

Practice:

Finance Sector
Supreme Court & Appellate
Propriété intellectuelle
Contentieux complexes & Résolution des litiges
White Collar, Investigations, Securities Litigation & Compliance
Antitrust & Competition
International Arbitration & Dispute Resolution

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E. Joshua Rosenkranz Partner

New York

Josh has been named American Lawyer's “Litigator of the Year” twice in addition to being a finalist for 2022. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.”

In 2014, The Financial Times named Josh one of the 10 most innovative lawyers in the North American legal sector for his work “demystify[ing] the technical issues” and securing a victory in the blockbuster Federal Circuit appeal, Oracle v. Google. Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”

Josh's practice covers a wide range of subjects, including intellectual property, financial services, securities, privacy, antitrust, federal preemption, insurance law, corporate governance, criminal law, and constitutional litigation. Among his recent clients are Cisco, Credit Suisse, Cox Communications, DISH Network, Genentech, Gilead, Johnson & Johnson, JPMorgan Chase, Microsoft, Mozilla, Oracle, Sonos, and Royal Bank of Scotland.

Clients turn to Josh to win the highest stakes appeals, including appeals in cases that threaten the very survival of a business. For example:

He represented Microsoft in an international cause célèbre in the U.S. Supreme Court challenging the U.S. Government’s claim that it can serve warrants for emails stored overseas.
He represented DISH Network in one of the most high-profile patent appeals in the country, successfully overturning an injunction that threatened the company's life.
He has been lead counsel in multiple cases either defending or challenging verdicts over $1 billion.
He represented Facebook in the high-profile battle waged by the founder's Harvard classmates, the Winklevoss twins, who laid claim to the idea for Facebook, winning a ruling from the Ninth Circuit to end the lawsuit.
He won a landmark victory in a Supreme Court case that rescued the estimated $60 billion U.S. market of copyrighted goods manufactured abroad.
He represented 36 law schools in a high-profile Supreme Court case against the Department of Defense.

Josh was the founding president and CEO of the Brennan Center for Justice at New York University School of Law, one of the country’s foremost public interest firms. Over the course of eight years, he was the Brennan Center’s chief strategist on litigation and public policy advocacy. Before that, Josh founded the Office of the Appellate Defender, a public defender office specializing in criminal appeals.