Mark Weinstein
`Partner
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`Palo Alto
`3175 Hanover Street
`Palo Alto, CA 94304-1130
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`t: +1 650 843 5007
`f: +1 650 849 7400
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`mweinstein@cooley.com
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`Intellectual Property
`Intellectual Property Litigation
`Patent Office Litigation
`Trade Secret Litigation & Dispute
`Counseling
`Technology
`Internet & Social Media
`Software
`Semiconductor
`Medtech
`
`Mark Weinstein's practice focuses on patent and other complex technology-related disputes. He has handled
`a number of high-stakes litigations throughout the US 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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`Recent cases include:
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`Patents
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`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 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 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.), a patent
`infringement suit involving 13 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 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.), 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 in Tumbleweed Communications Corp. v. eBay, Inc. et al. (N.D. Cal.), defended eBay and its
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`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 in Silvaco Data Systems v. Cirrus Logic, Inc. (Santa Clara Sup. Ct.), 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 in ABB Power T&D Company v. Alstom ESCA Corporation et al. (N.D. Cal.), Mark
`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.), 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 in Myrio, Inc. v. Minerva Networks, Inc. (N.D. Cal.), 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.
`(Santa Clara Sup. Ct.), represented 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 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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`Mark 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 Cooley, he 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
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`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, Northern District of California
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`U.S. District Court, Southern District of California
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`U.S. District Court, Eastern District of Texas
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`Supreme Court of the United States
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