`PARTNER
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`OFFICE:
`Palo Alto
`3175 Hanover Street
`Palo Alto, California
`94304
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`T: +1 650 843 5007
`F: +1 650 849 7400
`E: mweinstein@cooley.com
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`PRACTICES:
`Covered Business Method Review
`Intellectual Property
`Intellectual Property Litigation
`Inter Partes Review
`Patent Office Litigation
`Post-Grant Review
`Trademark, Copyright & Advertising
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`Mark Weinstein is a partner in the Cooley Litigation department and member of the Intellectual Property
`practice group. He joined the Firm in 2009 and is resident in the Palo Alto office.
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`Mr. Weinstein's practice focuses on patent and other complex technology-related disputes. He has handled
`a number of high-stakes litigations throughout the United States involving a variety of technologies,
`including computer software and hardware, Internet applications, electronic transactions, e-commerce,
`computer networking, entertainment software, and medical devices.
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`Representative cases include:
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`Patents
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`Facebook, Inc. Mark has represented and is representing Facebook in more than a dozen patent
`infringement actions, including Yahoo! Inc v. Facebook, Inc. (N.D. Cal.), Leader Technologies,
`Inc. v. Facebook, Inc. (D. Del.), Tele-Publishing, Inc. v. Facebook, Inc. (D. Mass.), Mekiki Co.,
`Ltd. v. Facebook, Inc. (D. Del.), Cross-Atlantic Capital Partners, Inc. v. Facebook, Inc. (E.D. Pa.),
`Unified Messaging Solutions LLC v. Facebook, Inc. (E.D. Tex.), Walker Digital, LLC v. Facebook,
`Inc. (D. Del.), and several others.
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`HTC Corporation and HTC America. Mark has defended and is currently defending HTC in
`several patent litigations including HTC v. Technology Properties Ltd. (N.D. Cal.), Digitude
`Innovations LLC v. HTC (D. Del. and U.S. ITC), ADC Technology, Inc. v. HTC et al. (N.D. Ill.),
`Microunity Systems Eng'g v. HTC et al. (E.D. Tex.) and BandSpeed, Inc. v. HTC Corp. et al.
`(W.D. Tex), SP Technologies, Ltd. v. HTC et al. (N.D. Ill.), Implicit Networks, Inc. v. HTC (N.D.
`Cal.), and several others.
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`LinkedIn Corporation. Mark is representing LinkedIn in Jaipuria v. LinkedIn Corp. et al. (E.D.
`Tex.) and Cathas Advanced Technologies LLC v. LinkedIn Corp. (D. Del.)
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`EMC Corporation. In Hewlett-Packard Company et al. v. EMC Corporation (N.D. Cal.), Mr.
`Weinstein represented EMC in a patent infringement suit involving thirteen patents relating to
`mass data storage systems, servers and printers. HP initiated the lawsuit by suing EMC for
`alleged infringement of seven patents. EMC counterclaimed against HP with six of its own
`patents. Following claim construction proceedings and motion practice, the case settled with HP
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`ServiceNow's Exhibit No. 1011
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`agreeing to pay EMC more than $325 million, one of the largest patent settlements on record.
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`In-Three, Inc. In IMAX Corporation v. In-Three, Inc. (C.D. Cal.), Mr. Weinstein defended In-Three
`in a patent infringement suit involving software for producing three dimensional motion
`pictures. In-Three defeated a motion for preliminary injunction filed by IMAX that threatened to
`shut down In-Three's operations.
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`eBay Inc. In Tumbleweed Communications Corp. v. eBay, Inc. et al. (N.D. Cal.), Mr. Weinstein
`defended eBay and its subsidiary PayPal against allegations of infringement of three software
`patents related to electronic financial transactions. The case settled on favorable terms during the
`pendency of a summary judgment motion filed by eBay and PayPal that sought to invalidate
`Tumbleweed's patents in light of the prior art.
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`Trade Secrets
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`Cirrus Logic, Inc. In Silvaco Data Systems v. Cirrus Logic, Inc. (Santa Clara Sup. Ct.), Mark
`represented Cirrus Logic in a trade secret lawsuit involving Electronic Design Automation
`technology. Cirrus Logic obtained summary judgment that it did not misappropriate any of the
`plaintiff's trade secrets, which was affirmed on appeal.
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`Alstom ESCA Corporation. In ABB Power T&D Company v. Alstom ESCA Corporation et al.
`(N.D. Cal.), Mr. Weinstein was a member of a team representing Alstom in a six week federal jury
`trial involving claims for trade secret misappropriation, copyright infringement, breach of contract
`and a variety of business torts, which resulted in a unanimous verdict exonerating the client from
`liability. The technologies in the case related to hardware and software systems for the electric
`power industry.
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`Advanced Modular Sputtering (AMS). In Sputtered Films, Inc. v. Advanced Modular Sputtering,
`Inc. et al. (Santa Barbara Sup. Ct.), Mr. Weinstein represented AMS in a trade secret case
`involving PVD sputtering technologies. The case generated an oft-cited decision clarifying
`California's statute requiring plaintiffs to identify their trade secrets, Advanced Modular Sputtering
`v. Superior Court, 132 Cal. App. 4th 826 (2005).
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` Minerva Networks, Inc. In Myrio, Inc. v. Minerva Networks, Inc. (N.D. Cal.), Mark defended
`Minerva against trade secret, unfair competition and false advertising claims involving
`technologies for delivering television and multimedia services over broadband networks. The
`case settled favorably after the court ruled that Myrio had failed to adequately identify its trade
`secrets.
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`Technology/IP Licensing
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`DVD Copy Control Association (DVD CCA). In RealNetworks, Inc., et al. v. DVD Copy Control
`Association, Inc. et al. (N.D. Cal.) and DVD Copy Control Association, Inc. v. Kaleidescape, Inc.
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`ServiceNow's Exhibit No. 1011
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`(Santa Clara Sup. Ct.), Mark represented the DVD CCA in two separate actions alleging breach
`of the technology license that covers use of the Content Scramble System (CSS) technology that
`is used to prevent copying of motion picture DVDs. DVD CCA obtained an injunction from the
`trial courts in both actions prohibiting sales of products that did not comply with the license. The
`Kaleidescape action is currently on appeal.
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` Marshal Software. Mark represented Marshal, a leading producer of Internet security and anti-
`spam software, in three trademark and unfair competition lawsuits against competing companies.
`All three cases resulted in the defendants agreeing to rebrand their products to avoid any use of
`Marshal's trademarks.
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`Mr. Weinstein is a frequent lecturer on all aspects of intellectual property protection and has taught classes
`at Santa Clara University School of Law. Prior to joining the Firm, Mr. Weinstein was a partner at a large
`international law firm and served as the managing partner in charge of that firm's Silicon Valley office. He is
`also a former law clerk for the Honorable Thomas J. Whelan, District Judge, United States District Court for
`the Southern District of California.
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`Education
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`University of San Diego School of Law
`JD, 1997
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`University of California, San Diego
`BS, 1992
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`Bar Admissions
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`California
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`Court Admissions
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`U.S. Court of Appeals, Federal Circuit
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`U.S. District Court, Central District of California
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`U.S. District Court, Eastern District of Texas
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`U.S. District Court, Northern District of California
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`U.S. District Court, Southern District of California
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`ServiceNow's Exhibit No. 1011
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