Jacob M. Heath



Jake Heath, a technology litigator, guides Fortune 500 companies and pioneering startups on the laws of the internet and in successfully conducting their business online by protecting, monetizing and defending their most important assets.

With a focus on the intersection of cybersecurity, privacy, online safety and intellectual property, Jake is a trusted advisor to one of the largest technology companies in the world and a major cloud-based communication product and service provider. His recent experience includes representing a major social media platform in litigation related to Section 230 of the Communications Decency Act.

Jake is adept at helping clients develop cutting-edge legal strategies and connect with judges and juries to support their online services, platforms or products while threading the rapidly evolving regulatory landscape. As he sees it, every battle—whether it involves cybercrime, fraud, brand violations, IP infringement, trade secrets or a cybersecurity breach—is an opportunity to help clients problem-solve and future-proof their business. Jake brings a breadth of experience defending clients in a wide range of matters, including commercial and tech transaction litigation, in state and federal court and regulatory investigations.

  • Technology-Based Complex Litigation

    At the heart of Jake’s practice is complex litigation that fundamentally stems from a dispute involving technology. In each matter, Jake uses his unique blend of experience and skills to develop winning solutions for his clients.

    • The State of Oregon v. Oracle  In 2014, we were asked to represent Oracle and several individual defendants in litigation involving the State of Oregon’s health insurance exchange. Oregon had hired Oracle to assist in developing technology for the State’s health insurance exchange, and after several bureaucratic setbacks, the Governor canceled the project. The State refused to pay tens of millions of dollars in outstanding invoices. We represented Oracle in several federal and state lawsuits against the State of Oregon. On behalf of Oracle, we sued the State for copyright infringement and breach of contract in federal court. The State filed two separate lawsuits in state court, seeking an injunction and more than $6 billion in damages on claims ranging from fraud to racketeering. Several other lawsuits between the parties ensued. To resolve this difficult dispute and often contentious litigation lasting more than two years, we crafted an aggressive, multifaceted litigation strategy. That strategy resulted in a favorable settlement that resolved all pending litigation. Instead of the requested $6 billion, the settlement package included free software licenses for the State, Oracle’s contribution of $10 million to an Oracle-branded STEM educational initiative, and payment of $25 million, representing a portion of the State’s attorneys’ fees incurred.
    • Ruckus Wireless Ruckus, an innovator and world leader in Wi-Fi access points, hired us seven weeks before trial in a “bet-the-company” trial against NetGear. In October 2013, a Delaware jury returned a verdict for our client, finding that its Wi-Fi access points did not infringe NetGear’s patents.
    • NVIDIA Corp. Successfully defended NVIDIA in a patent infringement case involving graphics card and computer bus architectures.
    • QuickLogic Corp. Successfully defended QuickLogic in a patent infringement case involving its customizable semiconductors as integrated in smart phones and other portable devices.
    • SPIL and SUI Jake played an integral role in developing a litigation strategy that resulted in a favorable settlement with Tessera, Inc.

    Disabling Computer Botnets 

    Since 2010, Jake Heath, with a team of Orrick attorneys, has been responsible for disrupting and disabling malicious computer botnets used to disseminate billions of spam email messages, engage in unauthorized bitcoin mining, internet advertising “click-fraud,” DDOS attacks and to engage in financial fraud.

    • Carried out an action to disable 276 Internet domains that controlled 400,000 computers “Waledec” botnet that was capable of disseminating 1.5 billion spam email messages per day.
    • Handled an action to disable the “Rustock” botnet, which at the time was one of the single largest sources of spam in the world, capable of disseminating more than 30 billion spam email messages per day. This action substantially dismantled this massive criminal infrastructure.
    • Carried out actions to disrupt the “Zeus,” “IceIX,” “SpyEye” and “Citadel” financial theft botnets, which were collectively responsible for hundreds of millions of dollars of online account theft.
    • Microsoft v. Sabelnikov Carried out this action to dismantle the “Kelihos” spam botnet and pursue the botnet’s creators.
    • Microsoft v. Chupakhin Carried out this action to dismantle the “Bamital” botnet, which was engaged in online advertising “click fraud,” and pursue the botnet’s creators.

    Cybercrime, Fraud, and Abuse

    • Investigated and successfully pursued participants in an international criminal organization responsible for millions of fake pharmaceutical and adult spam emails in violation of the CAN-SPAM Act.
    • Prosecuted action against parties fraudulently manipulating email spam filters and carrying out illegal automated creation of email accounts and spam email activity.
    • Investigated and initiated international civil litigation and law enforcement referrals against an “advance fee fraud ring.”
    • Prosecuted action against website publisher and internet traffic provider in a novel internet case related to “click fraud” and related fraudulent online advertising practices.

    • Investigated and advised regarding various malware and adware programs.

    Trade Secret Misappropriation Litigation

    • Investigated, identified and successfully tracked an international defendant who stole and disclosed confidential technical information to his former employer’s competitor in a corporate espionage and trade secret matter.