柏克倪律师的飞翰法律生涯起步于1994年的华盛顿办公室,其后在1997年搬至加州协助建立本所硅谷办公室。他代表原告也代表被告客户出席美国各个地区法院、联邦上诉法院以及最高法院的案件。他为创业公司也为财富百强的企业服务,涉足广泛的技术领域包括软件、电信、计算机硬件、半导体、医疗诊断、医疗设备以及医药等。
柏克倪律师一直被公认为专利诉讼的领军人物。他被The Legal 500 U.S.杂志和Intellectual Asset Management所高度认可并被评选为加州地区专利诉讼领军人。柏克倪律师还被The Daily Journal评选为加州75名顶尖知识产权诉讼律师之一。他被The 2015 BTI Client Service All-Stars评选为“卓越客户服务”奖。
柏克倪律师具有多年的律所领导职务,他曾担任本所Palo Alto分所的管理合伙人;本所管理和薪酬委员会委员;并担任Palo Alto分所招聘工作的主管合伙人,他是该分所的创始合伙人之一。
在公益法律援助中,他曾代表光荣退伍的残疾军人对美国退伍军人办事处否认其福利提出上诉。
重要经历
3:08-cv-02912, N.D. Cal., Judge White
09-1085, Fed. Cir., Judges Michel, Newman, Prost
10-290, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
09-1504, Fed. Cir., Judges Moore, Prost, Schall
11-1105, Fed. Cir., Judges Bryson, Dyk, O'Malley
5:08-cv-00102, W.D. Tex., Judges Furgeson, Rodriguez
04-1422, Fed. Cir., Judges Dyk, Gajarsa, Rader
03-1625, -1626, Fed. Cir., Judges Prost, Clevenger, Gajarsa
18-2024, -2025, Fed. Cir., Judges Prost, Wallach, Hughes
IPR2017-00118, -00472, PTAB, Judges Kim, Ippolito, Cherry
337-TA-1053, ITC, Judge McNamara
3:12-cv-04411, N.D. Cal., Judge Chen
Represented Roland DG of Japan in patent infringement lawsuit over large-format printers used for making indoor/outdoor banners, displays, and signs and vehicle graphics. The case was dismissed after the parties reached a mutually agreeable settlement shortly before case was in ready for trial.
3:06-cv-02024, D. Conn., Judges Covello, Martinez
3:14-cv-03228, N.D. Cal., Judge Laporte
3:08-cv-02912, N.D. Cal., Judge White
15-1200, Fed. Cir., Judges Lourie, Prost, Wallach
3:13-cv-00457, N.D. Cal., Judges Chen, Corley, Tigar
14-1612, -1655, Fed. Cir., Judges Bryson, Chen, Lourie
12-1163, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
11-1219, Fed. Cir., Judges Dyk, Mayer, Newman
4:03-cv-01384, N.D. Tex., Judges Lancaster, Means
3:07-cv-01274, N.D. Tex., Judges Godbey, O'Connor
3:11-cv-05776, S.D. Cal., Judges Ryu, Seeborg
11-7084, Fed. Cir., Judges Linn, Dyk, Reyna
2010-1-CV-178564, Sup. Ct. of Cal., Santa Clara County, Judge Kirwan
10-1035, -1055, -1326, Fed. Cir., Judges Linn, Moore, Rader
5:10-cv-03738, N.D. Cal., Judge Lloyd
337-TA-707, ITC, Judge Essex
1:10-cv-00327; 2:10-cv-00152, E.D. Va., Judges Lee, Jones; Friedman, Stillman
09-1085, Fed. Cir., Judges Michel, Newman, Prost
1:07-cv-0063, D. Del., Judges Farnan, Stark
06-1020, -1078, -1079, -1098, -1099, -1194, -1195, Fed. Cir.
06-1115, Fed. Cir.
1:04-cv-00358, S.D. Ind., Judges McKinney, Shields
1:01-cv-00401, D. Del., Judge Robinson
1:98-cv-00586, D. Del., Judge Farnan
3:03-cv-04446, N.D. Cal., Judge Illston
1:02-cv-02438, D. Md., Judge Garbis
2:03-cv-00678, E.D. Va., Judges Doumar, Miller
Represented a major computer and computer-peripheral manufacturer accused of stealing trade secrets relating to internet and printer technologies by a former developer. The plaintiff was asking for more than $1,500,000,000 in damages. Obtained a rare summary judgment of independent development from the district court, which was affirmed on appeal.
4:98-cv-03349, N.D. Cal., Judge Wilken
01-1459, -1548, Fed. Cir., Judges Michel, Plager, Rader
3:00-cv-02394, N.D. Cal., Judges Jenkins, Spero
3:01-cv-00778, M.D. Fla., Judge Melton
Handled an appeal for an oil-refining equipment manufacturer accused by a rival of misappropriating trade secrets. The district court had found that the manufacturer had hired away the rival’s employees and encouraged them to use their former employer’s trade secrets to design refinery equipment. The district court awarded nearly $70,000,000 in damages. After a one-sided oral argument in which all three judges on the panel repeatedly criticized the district court’s reasoning, the case settled for a tiny fraction of the original award.
Nuance Communications Inc,. v. Abbyy USA Software House Inc.
Lead counsel representing software manufacturer ABBYY, a Russian company (with a Silicon Valley subsidiary) that makes software for optical character recognition technology, and Lexmark International, a leading manufacturer of printers and scanners. The plaintiff, Nuance Communications, asserted eight patents against several different product lines, claiming damages in excess of $260 million. A jury found for ABBYY and Lexmark on all issues and the district court entered final judgment against Nuance. The Federal Circuit affirmed the district court's judgment.
3:08-cv-02912, N.D. Cal., Judge White
Innovative Therapies, Inc. v. Kinetic Concepts, Inc.
Lead counsel for Kinetic Concepts (KCI) on appeal. Argued the appeal from a district court judgment dismissing the case for lack of declaratory judgment jurisdiction. The Federal Circuit affirmed the judgment and dismissed the case.
09-1085, Fed. Cir., Judges Michel, Newman, Prost
Member of the team that obtained a unanimous decision from the Federal Circuit affirming a district court judgment of willful infringement and a damages award of approximately $290 million (the second largest patent damages award ever affirmed on appeal), and the entry of a permanent injunction against Microsoft's flagship Word software. The Federal Circuit also upheld the validity of the patent.
10-290, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
09-1504, Fed. Cir., Judges Moore, Prost, Schall
Kinetic Concepts, Inc. v. Smith & Nephew
11-1105, Fed. Cir., Judges Bryson, Dyk, O'Malley
5:08-cv-00102, W.D. Tex., Judges Furgeson, Rodriguez
SanDisk v. Memorex Prods., Inc.
04-1422, Fed. Cir., Judges Dyk, Gajarsa, Rader
03-1625, -1626, Fed. Cir., Judges Prost, Clevenger, Gajarsa
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