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Todd R. Gregorian

Associate, Litigation  

San Francisco 415.875.2402

Overview

Todd Gregorian focuses his practice on commercial and intellectual property litigation and appeals. He has represented clients in various fields such as networking and telecommunications, e-commerce and internet-related technologies, and computer architecture in diverse jurisdictions nationwide. He has substantial experience litigating copyright, trademark, trade secret, false advertising, patent, antitrust and unfair competition claims, and regularly consults clients on issues relating to anonymous speech on the internet.

Todd served as a law clerk to the Honorable W. James Ware of the Northern District of California. Northern California Super Lawyers has named him a “Rising Star” each year since 2013.

Representative Matters:

  • Perfect 10 v. Giganews. Defended Usenet service provider against copyright infringement claims based on user behavior on service and response to purported DMCA notices. Prevailed on summary judgment and secured a fees award of more than $5.6 million with both rulings affirmed on appeal. Trial counsel in federal jury trial against Perfect 10 and its CEO for the CEO’s fraudulent transfer or money from the company, resulting in a favorable verdict and an award of punitive damages.
  • Openwave v. Open-Xchange. Successfully defended provider of web-based email services to telecoms from grab-bag of non-patent IP claims asserted by a competitor. Argued and secured summary judgment on all asserted trade secret claims.
  • Tripwire v. UpGuard. Defended startup client in patent infringement and trade secret misappropriation case brought by its competitor.
  • eMarker v. Caesars. Successfully defended Caesars in multiple jurisdictions against trade secret claims brought by a prospective vendor.
  • esports Entities v. Platform. Successfully defended online esports platform against trade secret claims brought in private arbitration by esports teams.
  • Arizona v. NTIA. Filed amicus brief on behalf of 14 groups supporting denial of an injunction requested by Arizona to prevent the transition of the IANA functions to private, nongovernmental control.
  • TomTom v. Broadcom. Represented GPS navigation technology company TomTom in multi-million dollar breach of warranty case against chip maker Broadcom.
  • Sugar Hill Music v. CBS Interactive. Defended CBS against indirect infringement claims from individual artists regarding reviews of P2P file-sharing software on the CNET website, ending in plaintiffs’ voluntary dismissal of claims following adverse discovery rulings.
  • Groupion v. Groupon. Pursued cybersquatting counterclaims against CRM software company to successful settlement following dismissal of all trademark infringement claims against client Groupon.
  • National Products v. Gamber Johnson. Key member of trial team that obtained a favorable jury verdict, affirmed on appeal to the Ninth Circuit, in a Lanham Act false advertising case in the Western District of Washington.
  • Pineida v. Lee. Led team that secured a rare preliminary injunction forcing the California Department of Corrections and Rehabilitation to provide an inmate with a medically necessary diet. Todd and the team were recognized for this case with the 2015 Outstanding Volunteer award from the Justice and Diversity Center of the Bar Association of San Francisco.
  • Buckheit v. MKS Instruments. Defended two semiconductor companies against claims of breach of contract, California securities and RICO violations, and employment discrimination.
  • Telekenex v. CollabNet. Defended a designer of collaboration software from a vendor’s contract claims in San Francisco Superior Court, winning summary judgment on all claims.
  • epicRealm v. FriendFinder Networks. Successfully defended an operator of social networking websites from a non-practicing entity’s infringement claims at trial in the Eastern District of Texas.

Appeals:

  • In re Cray. Appellate counsel to Cray in its successful mandamus petition to the Federal Circuit resulting in a landmark decision on venue in patent cases. (Bloomberg reporter: “Cray threw a veritable sonic boom at Raytheon in its reply…”; IPWatchdog on the result: “ordinarily these types of decisions do not make for successful mandamus petitions”).
  • Virginia Innovation Sciences v. Amazon.com. Secured affirmance of district court’s invalidation of eight patents on Section 101 grounds. Law360 recognized the appeal win it its “Legal Lions and Lambs” feature.
  • LendingTree v. Zillow. Defended jury verdict of non-infringement and invalidity for improper inventorship at Federal Circuit on behalf of client Zillow, and secured reversal of district court’s denial of summary judgment on grounds of Section 101 invalidity.
  • Affinity Labs of Texas v. Amazon.com. Secured affirmance at the Federal Circuit of district court’s dismissal of patent infringement claims on grounds of Section 101 invalidity.
  • Garcia v. Google. Filed amicus brief on behalf of 11 major Internet companies supporting reversal of injunction that required removal of a controversial video from the YouTube site.
  • Marilley v. Bonham. Appellate counsel in case involving a Privileges and Immunities Clause challenge to California commercial fishing license fees for which charged out of state residents multiples of the amounts it charges residents.
  • McGary v. Culpepper. Briefed and argued Ninth Circuit appeals that secured reversal of district court’s dismissal of plaintiff’s Section 1983 action for mistreatment by the State of Washington during his civil commitment.
  • Barela v. City of Woodland. Briefed and argued Ninth Circuit appeal that secured reversal of district court’s dismissal of complaint for false arrest in violation of the Fourth Amendment.

Publications and Presentations:

  • “Defending Your Anonymous Users,” Amazon Legal University, October 2018
  • “Developments in Patent Venue,” Amazon Legal University, October 2018
  • Daily Journal Western M&A/Private Equity Forum, Panel: AVOIDING AND MANAGING M&A DISPUTES, September 2016
  • “Whither Copyright Injunctions in the Post-Garcia World?,” with Laurence Pulgram, Media Law Resource Center Media Law Letter, May 2015
  • “9th Circ. Weighs In On Player Likenesses In Video Games,” with Kate Fritz, Law360, August 23, 2013
  • Uniloc v. Microsoft: Federal Circuit Rules on Reasonable Royalty Damages Issues,” Fenwick & West, May 5, 2011
  • “Patent Law Year in Review: A Look Back at 2010 and a Look Ahead at 2011,” with Stuart P. Meyer, et al., Fenwick & West, January 13, 2011
  • “Company Directors Can Be Liable for Trade Secret Misappropriation,” with Charlene Morrow, Electronic Commerce & Law Report, May 2010, Reprinted in: VC Experts, July 2010
  • “Data Wrangling, Lassoing, and Roping at the M&A Corral,” with Robert D. Brownstone, Business Law News, July 2008 (State Bar of California Business Law Section), Reprinted in: The M&A Lawyer No. 9, October 2008; VC Experts Inc.’s Encyclopedia of Private Equity and Venture Capital, May 2009
  • “Secrets Easily Leaked by Friend or Foe in Publicly Filed .pdf Documents,” with Robert D. Brownstone and Michael A. Sands; Thomson/West E-Commerce Law Report, expanded version in: Cyberspace Lawyer, Vol. 13 Issue 1, West Publications, January/February 2008
  • “Exposing Redaction,” with Robert D. Brownstone and Michael A. Sands; Daily Journal, October 15, 2007
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