Sid Venkatesan’s practice focuses on high stakes, highly complex patent and trade secrets litigation on behalf of technology companies located in Silicon Valley and internationally. Sid has represented clients in some of the most significant disputes in the country in federal and state trial and appellate courts as well as before the International Trade Commission. Sid has also represented clients in numerous inter partes review and reexamination proceedings in the USPTO. Sid has had the privilege of serving the County of Santa Clara as a volunteer Deputy District Attorney and has substantial first chair trial experience.
A former engineer at two high tech startups, Sid is also passionate about helping emerging technology companies protect and use the intellectual property assets they work so hard to develop. Sid has deep technical expertise in the internet/ecommerce, computer networking, semiconductor and life sciences industries. Sid counsels technology clients on a wide range of issues, including licensing and IP strategy. Sid devotes a substantial amount of time to pro bono matters and other community service activities. Sid cares deeply about improving diversity in the legal profession.
Sid has authored many articles describing emerging IP issues and IP strategy. He is a lead editor and co-founder of the Norcal IP blog, the leading blog covering IP litigation in the Northern District of California.
Sid received a B.S. in mechanical and aerospace engineering from Cornell University concentrating in automotive engineering. While at Cornell, Sid was a team leader in a student group that designed and built a prototype hybrid electric vehicle from the ground up. Sid received a J.D. from the New York University School of Law.
Some notable engagements include the following:
Patent and Trade Secrets
- Ariba - Sid helped Ariba bring a trade secret misappropriation action against a competitor in California state court. After winning several key motions, the case settled on highly favorable terms.
- Robert Bosch GmbH - Sid is representing Bosch in a multi patent case against a competitor that involves both IPR/reexamination and district court components. Sid's team has defeated many IPR petitions at a much higher rate than the statistical norm.
- Brocade Communications - In Brocade v. A10, Sid was part of a team that obtained a US$112M verdict against Brocade’s competitor as well as two permanent injunctions following a three week jury trial on Brocade’s patent, trade secrets and copyright claims in the Northern District of California. Sid has also helped Brocade settle a plaintiff's patent and trade secrets claim for a tiny fraction of the claimed damages amongst many other representations.
- Arbutus Biopharma - Represented a Canadian biotechnology company in two bet-the-company trade secrets and breach of contract cases brought against competitors. The first case settled in favor of Arbutus predecessor Protiva following a multiple-day hearing in California state court that resulted in a preliminary injunction protecting Protiva’s trade secrets. The second case resolved through a favorable settlement days before jury selection in Massachusetts state court.
- Applied Materials, Inc. - Represented a leading semiconductor equipment manufacturer in a contract and inventorship technology dispute in a bench trial in the Central District of California. Case settled for a tiny fraction of the claimed damages.
- Nanya Technology Corp. - Successfully defended a leading DRAM manufacturer at trial in the U.S. ITC in a patent infringement case brought by Tessera, Inc. The Respondents’ victory in this investigation was a reversal of Tessera’s long track record of success enforcing the chip packaging patents that were at issue against other companies in the DRAM industry. The Orrick team in this case successfully obtained a ruling sustaining the victory on appeal.
- Synopsys, Inc. - After a forensic investigation uncovered trade secrets theft, helped Synopsys seek a TRO and obtain a stipulated injunction to halt the theft.
- eBay, Inc. - Represented the leading online auction site in adversarial technology licensing matters.
- Foxconn, Inc. - Represented a leading electrical connector company in a multi-patent dispute involving ball grid array mechanical circuit board connectors.
Appellate & Pro Bono
- Ocegueda et al. - Representing a class of nearly a three hundred homeowners that have allegedly been victim of a loan modification scam in conjunction with the Law Foundation of Silicon Valley and Lawyer’s Committee for Civil Rights.
- Ricky Fox v. Billy Ray Vice - Represented Mr. Fox on appeal from the Fifth Circuit to the United States Supreme Court, raising an attorneys’ fees issue that had divided the lower courts. Mr. Fox obtained certioriari review and had the adverse judgment of the Fifth Circuit reversed by the Supreme Court.
- Lawrence Friedman, et. al. - Represented legal historians in amicus briefing to the United States Supreme Court setting forth historical precedent in support of petitioner in Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
- Gary Morris - Represented Mr. Morris pro bono in his allegations of predatory lending and other business torts arising out of a real estate transaction. Favorable settlement.
- Imogene Wenneberg - Represented an 81-year-old woman pro bono in her allegations of predatory lending and other business torts arising out of a real estate transaction. Favorable settlement.
Counseling and Licensing
Sid has counseled numerous technology companies on the following areas:
- IP protection and enforcement strategies
- Technology agreements to settle cases, purchase patents, and for joint research collaborations
- DMCA compliance
- Cease and desist letters
- Prelitigation adversarial negotiations and mediations.
- M&A / investment due diligence into IP assets
- Open source audits and counseling on open source issues in connection with software development
- Patent freedom to operate opinions