Case Summaries - IP and Trade Secrets
Based in San Francisco and located near Silicon Valley, the attorneys at Snyder Miller & Orton LLP have handled numerous complex intellectual property ("IP"), patent, copyright, and trademark matters. Below, please find summaries of some of our notable cases and see our intellectual property litigation page for more information about this area of our practice.
Kevin L. Keithley v. Homestore.com, Inc., et al.
Luther Orton and Jennifer Shoda represented Homestore.com, Inc. (now Move, Inc.), the National Association of Realtors, and the National Association of Homebuilders of the United States in a patent infringement case. In this case, the plaintiffs sought tens of millions of dollars for the alleged infringement of a patent related to computer-based methods and systems through which a user can search for and acquire information regarding certain items of interest (such as real estate). Homestore.com, Inc. had operated a variety of websites devoted almost entirely to home and real estate-related content. Luther moved for, and won the case on, a summary judgment. He successfully argued that not only had no infringement occurred but also that the plaintiff's patent was invalid based on indefiniteness.
Silicon Metrics Copyright Case
Luther Orton represented Silicon Metrics Corporation ("SMC") in defense of this lawsuit accusing SMC and the other defendants of copyright infringement, Lanham Act violations, and the misappropriation of trade secrets pertaining to computer chip characterization and modeling. Luther successfully moved to dismiss many of the claims asserted in the lawsuit early on and later secured a "walk away" settlement for SMC involving a dismissal with prejudice of all claims against the company.
Oxford Industries v. Sexton
Peter Meringolo successfully prosecuted a trademark infringement case in the United States District Court for the Northern District of California under the Lanham Act against an individual who was selling counterfeit Tommy Bahama goods on eBay. In granting a motion for summary judgment in our client's favor, the court found that the defendant was aware of the trademark when he sold the infringing goods and intentionally chose the Tommy Bahama trademark due to its recognition and strength the marketplace. The court also found that Oxford did not commit any torts by its use of the eBay notice and take down procedures known as the Verified Rights Owners Program, or VeRO.
Trade Secret Cases
CCT Technologies Litigation
Luther Orton and Peter Meringolo recently defended CCT Technologies, Inc. against allegations of misappropriations of trade secrets and intentional interference with prospective business advantage. The allegations arose from CCT Technologies' successful bid to win a high profile contract to sell technology products and services to the City and County of San Francisco. SMO obtained a favorable settlement for its clients on the eve of trial.
RFDomus vs. u-Nav Microelectrics
In this case, SMO defended RFDomus and several of its executives in two trade secret actions. We obtained a denial in a preliminary injunction sought by the plaintiff in the initial case, where u-Nav was accused of violating a confidentiality agreement and misappropriating trade secrets. In the second action, RFDomus filed a complaint against u-Nav for defamation and unfair competition after a press release u-Nav had published following the injunction denial. The parties ultimately agreed to a dismissal of both actions.