"Doug is a strategic litigator that we can count on to get us through difficult situations."
Chambers USA 2022
"Douglas is a capable and effective attorney."
Chambers USA 2023
"He is an extraordinarily skilled and highly strategic litigator."
Chambers USA 2021
Hall of Fame – Intellectual Property: Patents: Litigation (Full Coverage)
The Legal 500 US 2023
Profile
Doug Lumish, a nationally recognized trial lawyer, tries cases for the world’s leading technology and life sciences companies on their most important intellectual property and technology related litigation. He formerly served as Co-Chair of the Bay Area Litigation & Trial Department and as Global Co-Chair of the IP Litigation Practice.
Mr. Lumish is a trial lawyer representing technology and life sciences companies across the spectrum of their intellectual property and technology litigation. He regularly handles patent, trade secret, trademark, and copyright cases in district and Federal Circuit courts across the country, and before the International Trade Commission (ITC) and customs regulators.
Mr. Lumish has an exceptional record of winning at all stages of litigation, including at jury trials, bench trials, and on appeal. He has won jury trials and summary judgments for plaintiffs and defendants alike, and has defeated billions of dollars in claims against his clients.
He frequently speaks and writes about intellectual property and taught a course on patent law at Stanford Law School.
Accolades
Mr. Lumish has been widely recognized by the following legal organizations and industry publications as a preeminent IP litigator.
Named a Fellow of the Litigation Counsel of America
The American Lawyer Litigator of the Week for his jury trial win for TransPerfect
Chambers USA ranking every year since 2007
The Daily Journal Top 75 IP Litigators in California listing (2011-2019) and Top 100 Lawyers in California listing, jury win for TransPerfect named a Top Plaintiffs’ Verdict by Impact
Law360 Tech MVP and IP MVP— one of only 10 in the country
Intellectual Asset Management Patent 1000 ranking as one of the world’s leading patent practitioners
Corporate Counsel listed win for Hitachi against MIT and Magsil as one of its Top 10 wins of the year
The Legal 500
Benchmark Litigation
Clients
Mr. Lumish has represented numerous industry-leading companies, including:
Activision*
Adobe
Affymetrix
Apple
Applied Biosystems
Arista Networks
Broadcom
Codexis
Comcast
Disney
eBay*
Facebook
GLOBALFOUNDRIES
Google*
HGST
Hitachi
Hyperion Solutions*
Intel*
JVC*
Life Technologies
Matsushita*
Microsoft
Micrus Endovascular*
National Semiconductor*
Oracle
Skype
Symantec
10X Genomics
Thermo Fisher
Trimble*
Velodyne
Western Digital
WhatsApp
Yahoo!
Experience
Mr. Lumish’s representative matters include serving as lead trial counsel for:
Arista Networks in its ongoing disputes with Cisco Systems. Defeated Cisco’s claims of patent infringement at the ITC, thwarting Cisco’s efforts to shut down all US sales of Arista’s switches and avoiding hundreds of millions of dollars of penalties led Arista’s successful efforts to twice obtain approval from Customs that Arista’s switches did not infringe Cisco’s patents and so could be imported into the country.
A multi-national technology company in a seven-patent case brought by a notorious serial patent litigant that threatened the several features used on its platform that are integral to the client’s business. Won summary judgment on §101 grounds and invalidated all asserted claims across all seven patents.
Codexis, a California-based biotech company, in a patent infringement action against rival EnzymeWorks Inc. Obtained final judgment that EnzymeWorks infringed all 10 Codexis patents-in-suit, and a favorable settlement shortly after.
Facebook (WhatsApp) in patent litigation against TriPlay, a once-operating entity turned patent troll, claiming to own the concept of using a server to translate messages from one format to another during transmission. Latham secured a victory for WhatsApp in March 2018, invalidating the two patents-in-suit under 35 USC section 101 and winning a motion to dismiss.
Comcast in its ongoing disputes with Rovi. Won a contentious inter partes Customs proceeding and obtained a finding of non-infringement and approval of a redesign to Comcast’s system. Leading Comcast’s defense before the ITC in follow on litigation.
Arista Networks in highly publicized bench trial against OptumSoft concerning IP ownership that pitted Silicon Valley legends and long-time collaborators, Andy Bechtolsheim, founder of Sun Microsystems as well as Arista, against Stanford Professor David Cheriton, co-founder of both Arista and OptumSoft, for the ownership of major components of Arista’s software. Achieved a complete defense victory for Arista Networks after a two and a half week bench trial. Phase 2 of the trial concerning misappropriated trade secrets is ongoing.
Symantec in a multi-patent jury trial. Obtained a jury verdict of non-infringement on the key patent at trial (eliminating 96% of the damages risk to the client), and invalidated the remaining two patents on post-trial motions and on appeal.
ThermoFisher in a multi-patent infringement action brought by Becton Dickinson which sought to shut down a ThermoFisher business manufacturing unit. Defeated a preliminary injunction motion, then obtained summary judgment of non-infringement of Becton Dickinson’s lead patent. Leading ThermoFisher’s ongoing defense in remaining patent actions.
Skype in patent infringement suit brought by Gradient. Obtained stipulated dismissal for non-infringement.
TransPerfect Global, Inc., in a multi-patent infringement case related to website translation technologies. Won a jury verdict finding three patents owned by defendant to be both invalid and not infringed. Jury awarded TransPerfect damages in a victory The Daily Journal named a Top Plaintiffs' Verdict of the year.
Google and YouTube in a patent dispute with the University of California over patents alleged to cover all modern, interactive web pages. Achieved a jury verdict of patent invalidity after only 2.5 hours of deliberation. The verdict defeated claims for hundreds of millions in damages as well as for injunctive relief.*
Microsoft, obtaining a complete defense jury verdict against Acacia, which had sought hundreds of millions of dollars in damages.*
Doug Lumish recognized on prestigious list of top IP lawyers in California for his recent accomplishments in the past year covering including several wins at the summary judgment and appeal stages.
Bay Area partner recognized among California’s leading trade secrets lawyers for representing clients in groundbreaking, high-profile disputes with profound impacts.
U.S. District Judge William Alsup granted summary judgment to our client Meta Platforms in a patent infringement case claiming Facebook’s “typeahead” function for suggesting how to complete user queries violated four patents held by MasterObjects Inc. Weston.
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