Fenwick successfully defended Synopsys in a complex IP licensing and contract arbitration involving non-volatile memory (NVM) technology useful for RFID applications. The action arose out of a 2008 sale by Impinj of its NVM licensing business to Virage Logic, which later was acquired by Synopsys, Inc. Impinj alleged that a non-competition clause in the agreement precluded Synopsys from engaging in a certain line of business using the acquired IP, and sought injunctive relief and damages for alleged breach. Impinj also asserted breach of an assignment clause, which brought into question certain aspects of Synopsys’s reverse triangular merger with Virage. Discovery proceeded on an expedited basis. After extensive briefing and a week long hearing, including the presentation of live testimony, the Arbitrator rejected all of Impinj’s pleaded claims, determined that Synopsys was the prevailing party, and awarded Synopsys its attorneys’ fees and costs. The Superior Court of California, in and for the City and County of San Francisco, subsequently confirmed the award and awarded Synopsys additional attorneys’ fees.
The Fenwick team included: Darryl M. Woo, Michael A. Sands, Michael W. Farn, Dan Ko Obuhanych, Jennifer J. Johnson, Saundra L. M. Riley, Sheeva J. Ghassemi-Vanni and Michael C. Saunders. The in-house Synopsys team included: Brian Cabrera, David Pursley and Shanee Nelson.