Partner
Ken Halpern
- Harvard, J.D. (1995)
- Princeton, M.A. (1993)
- Brown, B.A. (1988)
Ken Halpern is an experienced intellectual property litigator.
Over his career, Ken has represented a range of corporate clients in patent and technical trade secret litigation across a broad range of technologies, including semiconductors, wireless communications, DRM, memory chips and modules, optical disks, social networking, pharmaceuticals, and every variety of software, as well as in copyright and trademark matters. He has practiced in the federal district courts in California, Texas, Delaware, New York, Washington and elsewhere, the state courts of California, and handled numerous appeals to the United States Court of Appeals for the Federal Circuit.
Mr. Halpern has significant experience handling intellectual property litigation and appeals.
APPELLATE
The Depot, Inc. v. Caring for Montanans, Inc.
Mr. Halpern won reversal of order dismissing ERISA and state-law class action relating to hidden surcharges improperly added to health insurance premiums.
Luminara Worldwide, LLC v. Liown Elecs Co.
Mr. Halpern won reversal of preliminary injunction in patent case relating to artificial candles, injunction vacated one day after oral argument with opinion to follow. Federal Circuit found a substantial question of validity.
Fuzzysharp Techs. v. Intel Corp.
Mr. Halpern won summary affirmance for Intel of judgment that patent on computer graphics processing methods was invalid for lack of eligible subject matter.
TriStrata, Inc. v. Microsoft Corp.
Mr. Halpern won affirmance for Microsoft of patent claim construction on which stipulated judgment of noninfringement rested (patents on digital rights management technology).
Flashpoint Tech. v. ITC
Mr. Halpern won summary affirmance for HTC Corp. of non-infringement and implied license (patents relate to digital imaging technology).
Philips v. Princo/Princo v. U.S. International Trade Commission
Mr. Halpern was extensively involved in Philips/Princo litigation relating to CDR/RW discs, including summary judgment and other dispositive motions at trial level, and in briefing Federal Circuit appeal in ITC matter and successful Federal Circuit mandamus petition in S.D.N.Y. matter, panel briefing and briefing on rehearing en banc, and petition for certiorari. The Federal Circuit not only stayed the S.D.N.Y. case, as Mr. Halpern requested, but vacated nine months of substantive district court orders, most of them adverse to his client, back to the date he originally sought the stay.
Nvidia v. U.S. International Trade Commission/Rambus
Mr. Halpern authored, in first instance, majority of appellant Nvidia’s opening brief in pending appeal (and edited remainder) from adverse determination in ITC proceeding relating to alleged infringement of patents on dynamic random-access memory (DRAM) controllers.
Tessera v. U.S. International Trade Commission/Acer, Nanya, & Powerchip
PATENT LITIGATION
Retrospection Marketing LLC v. Lowe’s Companies, Inc.
Mr. Halpern represented Lowe’s in defense of infringement action on a patent relating to web surfing methods. Achieved walkaway settlement after filing Alice motion.
Luminara Worldwide, LLC v. Liown Elecs Co.
Mr. Halpern represented Liown in defense of action asserting infringement of five patents on motion mechanism for artificial candles, as well as claims for trade secret misappropriation, trademark infringement, and tortious interference with contractual relations. Settled favorably.
Fuzzysharp Techs. v. Intel Corp.
Mr. Halpern successfully defended Intel in infringement action relating to methods of processing computer graphics. Won summary judgment of invalidity for failure to claim patent-eligible subject matter. Prevailed in inter partes review proceeding, securing final written decision cancelling claims on grounds of anticipation and obviousness.
TriStrata, Inc. v. Microsoft Corp.
Mr. Halpern successfully defended Microsoft in patent action relating to digital rights management technology. Won construction of key claim term, leading plaintiff to stipulate to summary judgment of noninfringement.
Backweb v. Microsoft
Mr. Halpern authored summary judgment motion that helped Microsoft win favorable settlement in patent litigation relating to background (“polite”) data transfer software.
Power Integrations v. Fairchild Semiconductor
Mr. Halpern helped defend Fairchild in a four-patent dispute related to specialized semiconductors used in power supplies for consumer electronics, and drafted, inter alia, two summary judgment motions and the Motion for New Trial on willfulness and on all issues.
Microsoft Cases
TRADE SECRET LITIGATION
Cisco Systems v. Huawei Technologies
Mr. Halpern was part of the team representing Cisco Systems in international trade secret and patent litigation regarding network routers and their operating systems, and helped to formulate an innovative case strategy and basis for a global injunction against Huawei. The case was settled favorably to Cisco.
Collagen Corporation v. Matrix Pharmaceuticals
COPYRIGHT LITIGATION
Grasshopper House LLC v. Clean & Sober Media LLC, et al.
In 2019, we successfully represented defendants at back-to-back federal trials in this high-stakes Lanham Act false advertising case. (Our clients’ 7-figure pre-trial settlement offer was rejected by the plaintiff who instead sought $65 million in damages, which it asked to be trebled.) Although the jury found a Lanham Act violation, we convinced the court to exclude the plaintiff’s damages expert. A bench trial over equitable remedies and defenses followed, after which the court issued a final judgment denying the plaintiff any monetary recovery.
Logitech/Ligos Matter
On behalf of Logitech, Mr. Halpern responded to Ligos’ persistent demands for up to $20 million for allegedly unauthorized use of copyrighted Ligos software. After conducting factual and legal investigation, he drafted letter memo to Ligos that caused it to abandon the matter without any payment from Logitech.
Connectu v. Facebook
Mr. Halpern was part of the team that represented Facebook Inc. in a case involving computer hacking and misappropriation claims. He drafted large portions of the briefing on the successful motion to dismiss the entire case.
Overview
Ken Halpern is an experienced intellectual property litigator.
Over his career, Ken has represented a range of corporate clients in patent and technical trade secret litigation across a broad range of technologies, including semiconductors, wireless communications, DRM, memory chips and modules, optical disks, social networking, pharmaceuticals, and every variety of software, as well as in copyright and trademark matters. He has practiced in the federal district courts in California, Texas, Delaware, New York, Washington and elsewhere, the state courts of California, and handled numerous appeals to the United States Court of Appeals for the Federal Circuit.
Representative Matters
Mr. Halpern has significant experience handling intellectual property litigation and appeals.
APPELLATE
The Depot, Inc. v. Caring for Montanans, Inc.
Mr. Halpern won reversal of order dismissing ERISA and state-law class action relating to hidden surcharges improperly added to health insurance premiums.
Luminara Worldwide, LLC v. Liown Elecs Co.
Mr. Halpern won reversal of preliminary injunction in patent case relating to artificial candles, injunction vacated one day after oral argument with opinion to follow. Federal Circuit found a substantial question of validity.
Fuzzysharp Techs. v. Intel Corp.
Mr. Halpern won summary affirmance for Intel of judgment that patent on computer graphics processing methods was invalid for lack of eligible subject matter.
TriStrata, Inc. v. Microsoft Corp.
Mr. Halpern won affirmance for Microsoft of patent claim construction on which stipulated judgment of noninfringement rested (patents on digital rights management technology).
Flashpoint Tech. v. ITC
Mr. Halpern won summary affirmance for HTC Corp. of non-infringement and implied license (patents relate to digital imaging technology).
Philips v. Princo/Princo v. U.S. International Trade Commission
Mr. Halpern was extensively involved in Philips/Princo litigation relating to CDR/RW discs, including summary judgment and other dispositive motions at trial level, and in briefing Federal Circuit appeal in ITC matter and successful Federal Circuit mandamus petition in S.D.N.Y. matter, panel briefing and briefing on rehearing en banc, and petition for certiorari. The Federal Circuit not only stayed the S.D.N.Y. case, as Mr. Halpern requested, but vacated nine months of substantive district court orders, most of them adverse to his client, back to the date he originally sought the stay.
Nvidia v. U.S. International Trade Commission/Rambus
Mr. Halpern authored, in first instance, majority of appellant Nvidia’s opening brief in pending appeal (and edited remainder) from adverse determination in ITC proceeding relating to alleged infringement of patents on dynamic random-access memory (DRAM) controllers.
Tessera v. U.S. International Trade Commission/Acer, Nanya, & Powerchip
PATENT LITIGATION
Retrospection Marketing LLC v. Lowe’s Companies, Inc.
Mr. Halpern represented Lowe’s in defense of infringement action on a patent relating to web surfing methods. Achieved walkaway settlement after filing Alice motion.
Luminara Worldwide, LLC v. Liown Elecs Co.
Mr. Halpern represented Liown in defense of action asserting infringement of five patents on motion mechanism for artificial candles, as well as claims for trade secret misappropriation, trademark infringement, and tortious interference with contractual relations. Settled favorably.
Fuzzysharp Techs. v. Intel Corp.
Mr. Halpern successfully defended Intel in infringement action relating to methods of processing computer graphics. Won summary judgment of invalidity for failure to claim patent-eligible subject matter. Prevailed in inter partes review proceeding, securing final written decision cancelling claims on grounds of anticipation and obviousness.
TriStrata, Inc. v. Microsoft Corp.
Mr. Halpern successfully defended Microsoft in patent action relating to digital rights management technology. Won construction of key claim term, leading plaintiff to stipulate to summary judgment of noninfringement.
Backweb v. Microsoft
Mr. Halpern authored summary judgment motion that helped Microsoft win favorable settlement in patent litigation relating to background (“polite”) data transfer software.
Power Integrations v. Fairchild Semiconductor
Mr. Halpern helped defend Fairchild in a four-patent dispute related to specialized semiconductors used in power supplies for consumer electronics, and drafted, inter alia, two summary judgment motions and the Motion for New Trial on willfulness and on all issues.
Microsoft Cases
TRADE SECRET LITIGATION
Cisco Systems v. Huawei Technologies
Mr. Halpern was part of the team representing Cisco Systems in international trade secret and patent litigation regarding network routers and their operating systems, and helped to formulate an innovative case strategy and basis for a global injunction against Huawei. The case was settled favorably to Cisco.
Collagen Corporation v. Matrix Pharmaceuticals
COPYRIGHT LITIGATION
Grasshopper House LLC v. Clean & Sober Media LLC, et al.
In 2019, we successfully represented defendants at back-to-back federal trials in this high-stakes Lanham Act false advertising case. (Our clients’ 7-figure pre-trial settlement offer was rejected by the plaintiff who instead sought $65 million in damages, which it asked to be trebled.) Although the jury found a Lanham Act violation, we convinced the court to exclude the plaintiff’s damages expert. A bench trial over equitable remedies and defenses followed, after which the court issued a final judgment denying the plaintiff any monetary recovery.
Logitech/Ligos Matter
On behalf of Logitech, Mr. Halpern responded to Ligos’ persistent demands for up to $20 million for allegedly unauthorized use of copyrighted Ligos software. After conducting factual and legal investigation, he drafted letter memo to Ligos that caused it to abandon the matter without any payment from Logitech.
Connectu v. Facebook
Mr. Halpern was part of the team that represented Facebook Inc. in a case involving computer hacking and misappropriation claims. He drafted large portions of the briefing on the successful motion to dismiss the entire case.
