FacultyFaculty/Author Profile
Michael A. Jacobs

Michael A. Jacobs

Morrison & Foerster LLP

San Francisco, CA, USA


Many leading technology and life sciences companies call on Michael Jacobs to lead trial teams in their most complex litigation. He served as co-lead counsel in two of the most-watched intellectual property battles of recent memory, including a high-profile smartphone case leading to a jury verdict of over $1 billion. He represented Uber in defending it against Waymo’s autonomous vehicle trade secret claims.  Chambers has called him a “real star” and a “pillar of the Silicon Valley patent litigation community.” Clients have described him as “simply outstanding…he is a superb writer and strategist, as well as super-smart and articulate in court.”

Mr. Jacobs is listed in Band 1 by Chambers USA in its 2018 California Intellectual Property category, which describes him as an “extremely smart, articulate and professional” patent litigator who has an “uncanny ability to connect with both the judge and jury.” He is listed among the top attorneys in The BTI Client Service All-Star MVP, nominated by clients and selected for consistent outstanding client service. Mr. Jacobs has won the California Lawyer Attorneys of the Year (CLAY) award three times, first for his advocacy on behalf of Intel in the Intel v. Hamidi “trespass to chattels” case, in 2012 for his defense of Novell in SCO v. Novell, and in 2014 for his role as co-lead counsel in a billion dollar smartphone trial. He also has been named “Litigator of the Week” by The American Lawyer for his victories in the Novell case and the smartphone trial.

Mr. Jacobs' work in several landmark cases has helped to shape the laws governing emerging technologies. In the widely reported SCO v. Novell Linux copyright litigation, he defeated SCO’s $200 million claim in a three-week jury trial, prevailed in a bench trial on Novell’s multi-million dollar claims, and successfully defended those results on appeal in the 10th Circuit. He also represented Autodesk in the Vernor v. Autodesk case, which established that copyright’s first sale doctrine does not immunize the re-sale of licensed software.

In addition, he has represented leading life sciences companies in their cutting edge litigation, including Chiron in its HCV protease litigation, Abraxis in its nanoparticle anticancer treatment dispute with Elan Pharma, and QLT in its litigation with TAP Pharmaceutical involving the Eligard anticancer treatment. He currently represents Genentech in its patent litigations with Phigenix and against Eli Lilly.

Mr. Jacobs has also achieved victories in important pro bono cases. He was co-lead counsel for plaintiffs in the landmark Williams v. State of California class action, which led to a settlement in which the State undertook to address shocking conditions in California’s lowest performing schools. He also represented the Jewish Community Relations Council and the Anti-Defamation League in a successful pre-election challenge to an anti-circumcision initiative slated for San Francisco’s ballot.

Mr. Jacobs frequently speaks on cutting-edge intellectual property issues. For example, for the last several years he has participated in the Federal Judicial Center-Berkeley Center for Law & Technology’s education program for federal judges.

Education

  • Stanford University (B.A., 1977)
  • Yale Law School (J.D., 1983)
Michael A. Jacobs is associated with the following items:
CHB Chapters  CHB Chapters Ethical Pitfalls in Jury Trials (September 7, 2012) - Trial by Jury 2017, Tuesday, November 14, 2017
Web Segment  Web Segment Jury Trials: Conducting an Effective Cross-Examination - Trial by Jury 2017, Wednesday, November 15, 2017
MP3 Audio  MP3 Audio Jury Trials: Conducting an Effective Cross-Examination - Jury Trials: Conducting an Effective Cross-Examination, Wednesday, November 15, 2017
Transcripts  Transcripts Jury Trials: Conducting an Effective Cross-Examination - Jury Trials: Conducting an Effective Cross-Examination, Wednesday, November 15, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Jury Trials: Conducting an Effective Cross-Examination - Jury Trials: Conducting an Effective Cross-Examination, Wednesday, November 15, 2017
On-Demand Web Programs  On-Demand Web Programs Trial by Jury 2017, Monday, November 20, 2017, New York, NY
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