Kenneth Halpern is an experienced intellectual property litigator. Over his career, he 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. Here are some of his representative matters:
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
Mr. Halpern authored, in first instance, significant portions of appellees’ opening brief on appeal in Tessera’s pending appeal from determination of non-infringement in ITC proceeding relating to semiconductor chip packages.
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.
Mr. Halpern participated in the defense of Microsoft against InterTrust Technologies, a patent holding company, in a patent matter relating to digital rights management software, drafting critical summary judgment motions. He was also part of the team that represented Microsoft in its contract and antitrust litigation against SunMicrosystems relating to Java.
Trade Secret Litigation
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
Mr. Halpern was part of the trial team defending Matrix Pharmaceuticals against trade secret and patent claims relating to processes for purifying collagen for human use. Drafted a successful motion for sanctions against opposing counsel that forced Collagen to settle the case favorably to Matrix.
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. (Order | Denial of Costs)
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.
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