Ninth Circuit Backs Orrick Pro Bono Team in Precedent-Setting Copyright Infringement Ruling
Clients count on us for sophisticated and forward-looking counsel during development of cutting edge products, for mastery of the latest in nuanced legal doctrine in obtaining registrations, for unparalleled expertise in understanding industry economics in key rate-setting proceedings, and for seasoned trial lawyers with creative strategies in the highest profile disputes. Copyright has emerged as the arena for some of the most significant disputes in the technology sector.
Our reputation for winning in the courtroom often helps resolve disputes short of trial. By partnering with our clients’ in-house teams to mobilize quickly and frame the issues, we’re often able to resolve disputes with minimal cost and distraction.As a leader with the tech sector, we routinely represent companies such as Microsoft, Oracle, Netflix, and DISH. And we help emerging companies develop strong IP portfolios and future growth strategies.
Oracle v. Google: We represent Oracle in this copyright and patent infringement case, known as the “World Series of IP” litigation. We asserted that Google relied on Oracle’s copyrighted Java technology to build its Android operating system for smartphones. In the first trial with prior counsel, the jury found Google did not infringe, and the Java API structure which Google used was not copyrightable. However our appellate team won a critical Federal Circuit ruling, which found the software technology at the heart of the dispute is entitled to copyright protections. As a result of our successful appeal, we were granted a second trial on whether Google’s actions were protected by fair use. The second jury ruled in Google’s favor. We appealed that verdict and scored a stunning reversal for Oracle. The Federal Circuit found Google’s use of Java was not fair use as a matter of law. A new trial has been set to decide how much Google should pay Oracle in damages for its unauthorized use of Java.
Kirtsaeng v. John Wiley & Sons, Inc.: One of the highest-profile copyright cases in recent history threated a $60B industry. At issue was whether the “first-sale doctrine” applied to works lawfully made and sold overseas, and then imported into the U.S. Just two terms earlier, the Supreme Court had considered the same issue and split 4-4. We took a calculated risk by arguing a novel and insightful reading of the Copyright Act, designed to appeal to a unique 6-3 alignment of the Justices. The risk paid off. The Court’s decision cemented the first-sale doctrine as the law of the land, thereby safeguarding the global free market.
Applied Materials v. Balanceworx: We represented Applied Materials in this copyright infringement lawsuit, filed in the U.S. District Court for the Western District of Texas. The case centered on unauthorized copies of Applied's software, and the use of "spoofing" techniques to circumvent Applied's software security measures. We asserted claims for Copyright Infringement and violations of the anti-circumvention provisions of the Digital Millennium Copyright Act. Balanceworx stipulated to a permanent injunction, resolving all issues favorably to Applied.
Synopsys, Inc. v. Chao, et al: After detecting counterfeit use of key Synopsys software and licenses, Synopsys sought our assistance. We investigated the illegal use of Synopsys software, and filed claims against four defendants for copyright violations under the Digital Millennium Copyright Act (“DMCA”). We aggressively pursued an early protective and discovery order to ensure that there would not be further spoliation by the involved parties, including obtaining discovery on an ex parte basis that required defendants’ computer equipment and accounts to be provided for forensic imaging immediately. As a result, we quickly built a very strong case. This translated into ultimate confidential settlements and cooperation from the involved parties including securing all requested relief by Synopsys.
Microsoft: We counseled Microsoft on the copyright aspects of multiple products, including Sway, One Note, Edge Browser and the Bing News app. We advised on ad-blocking, Bing search image integration, advertising placement and other key features of the new products.
Fox Broadcasting Company et al v. Dish Network LLC et al.: Although binge-watchers and channel surfers love Dish Network’s commercial-skipping AutoHop technology, the major TV networks did not share their enthusiasm. When the major TV networks filed separate copyright suits in California federal court, we took decisive action to protect the popular service. We sued the networks in New York federal court, seeking a declaratory judgment that the commercial-skipping feature does not infringe on the networks’ content. Our string of federal court victories, including defeating three motions for preliminary injunction and successfully defending those wins in the Ninth Circuit, led to settlements with ABC, CBS and NBC. In the litigation with Fox, we won our motion for summary judgment.
Orrick stands out for its copyright advisory practice and its ability to handle major technology-related copyright litigation for foreign and domestic corporates.The Legal 500, 2019
Their client focus is exceptional and their lawyers are top-notch.Chambers USA, 2019
They are outstanding; they are brilliant oral advocates and provide excellent written work.Chambers USA, 2019
The team is customer-oriented and enthusiastic, which ensures speedy and well-organized responses.Chambers USA, 2019
BTI Litigation Outlook, 2019
The Legal 500, 2019
Benchmark Litigation, 2016-2019
China IP Magazine, 2019
Daily Journal, 2019
The American Lawyer, 2016