Ian Feinberg has more than 30 years of experience focused on patent, copyright, trademark and trade secret litigation with deep expertise in licensing, unfair competition and antitrust , primarily focused in the software and semiconductor industries. He has represented such famous companies as Adobe , Monster Cable, Sony, SWIFT, Trident, Visa, and Vodafone in patent litigation, as well as much smaller companies.
Significant Engagements
IpVenture, Inc. v. Sony Corporation., et al., United States District Court – Delaware
Represented Sony Corporation and two other Sony entities in an action alleging infringement of more than 100 claims in four patents involving power and thermal management for notebook computers that allegedly read on all notebook computers using Microsoft Windows operating system. Result: favorable confidential settlement.
Technology Patents LLC v. Deutsche Telekom AG, et al., United States District Court-Maryland
Represented approximately 15 Vodafone entities in a patent infringement action against some 131 defendants alleging infringement of patents on international text and SMS messaging. Result: dismissal on the ground of lack of personal jurisdiction based on oral argument made on behalf of all (115) foreign mobile telephone carriers.
Cryptography Research, Inc. v. Visa International Service Association, United States District Court – San Jose
Represented Visa in an action alleging infringement of more than 100 claims in eight-patents in addition to a Sherman Act Section 1 conspiracy claim and a Sherman Act Section 2 Walker Process monopolization counterclaim involving patents on countermeasures to cryptographic attacks on smart card. Result: favorable confidential settlement.
Agfa Monotype Corporation and International Typeface Corporation v. Adobe Systems Incorporated, United States District Court – Chicago
Represented Adobe in a case asserting that a “circumvention device” in violation of the Digital Millennium Copyright Act. Result: summary judgment for Adobe.
FreecycleSunnyvale v. The Freecycle Network, United States District Court – San Francisco and Ninth Circuit
Obtained declaratory judgment in district court, affirmed by the Ninth Circuit, that “freecycle” and related terms were nakedly licensed to client, FreecycleSunnyvale, by The Freecycle Network and thus abandoned as trademarks. In addition, obtained reversal in the Ninth Circuit of a preliminary injunction issued in a separate case brought by The Freecycle Network enjoining Mr. Oey from “tending to disparage” the validity of the alleged “freecycle” trademarks and from encouraging others to use the word “freecycle” in its generic sense, on the ground, among others, that the there is no cognizable claim for trademark disparagement under the Lanham Act.