James Gilliland focuses his practice on the representation of high-technology companies in litigation regarding claims based upon patent, copyright and trademark infringement, breach of contract, breach of warranty, fraud, unfair competition and violation of the antitrust laws. He has appeared in federal and state trial and appellate courts around the United States. Mr. Gilliland also serves as a mediator in the Northern District of California's Alternative Dispute Resolution program. He has handled more than forty mediations either as mediator or counsel for one of the parties. Mr. Gilliland served as Chairman of Townsend and Townsend and Crew from 2001 to 2010. Mr. Gilliland has been named a Northern California Super Lawyer for Intellectual Property Litigation by SuperLawyers magazine every year since 2006. He has been recognized in The Best Lawyers in America® in 2012 and the five years immediately preceding. Mr. Gilliland was honored by BTI Consulting Group as one of only 57 litigators nationwide to be selected to its Client Service All-Stars 2012. He received this distinction for delivering the absolute best client service to Fortune 1000 companies. Professional & Community Activities American Bar Association, Member San Francisco Intellectual Property Law Association, Member Berkeley Center for Law & Technology, Advisory Committee, Member The College Preparatory School, Board of Trustees, Co-Chairman Industries Technology & Software; Consumer Products & Retail Experience Apple Computer Inc. v. Psystar Corporation, Obtained summary judgment and a permanent injunction against a computer company utilizing Apple's copyrighted operating system software on non-Apple hardware based upon copyright infringement and violation of the Digital Millennium Copyright Act. The ruling resulted in a published opinion which affirmed liability for distributing copies of operating software and circumvention technology. The Ninth Circuit affirmed the permanent injunction and inapplicability of copyright misuse.
Apple Computer Inc. v. Psystar Corporation, 673 F.Supp.2d 943 (N.D. Cal. 2009), 673 F.Supp.2d 931 (N.D. Cal. 2009), 586 F.Supp. 2d 1190 (N.D. Cal. 2008), aff'd --- F.3d --- (9th Cir. Sept. 28, 2011). NTN Buzztime Inc. v. Sony Computer Entertainment America LLC, Obtained a favorable settlement for Sony Computer Entertainment America LLC (SCEA), an electronic gaming products company, in this case before the U.S. District Court, Southern California. NTN distributed a video trivia game called "Buzztime," while Sony Computer Entertainment Europe (SCEE) created and SCEA distributed a video trivia game for PlayStation called "Buzz! Quiz World." We obtained a settlement that enabled SCEE and SCEA to continue to market and distribute their video game worldwide.
Buzztime Entm't Inc. v. Sony Computer Entm't Europe Ltd., No. 3:08-cv-00122-MMA-POR (S.D. Cal. filed Jan. 23, 2008). Talecris Biotherapeutics Inc. v. Baxter International Inc. and Baxter Healthcare Corp., Represented Baxter International Inc. and Baxter Healthcare Corp., a leading global medical products and services company, in a patent infringement action involving intravenous immunoglobulins. Case settled on eve of trial.
Talecris Biotherapeutics, Inc. v. Baxter Int'l Inc., No. 1:05-cv-00349-GMS (D. Del. filed June 1, 2005). Baxter Healthcare Corporation v. Genetics Institute Inc., Counsel for Baxter Healthcare Corporation in complex technical contract case involving recombinant blood proteins. Settled after trial.
Baxter Int'l, et al. v. Genetics Inst., No. 1:98-cv-00702-RRM (Del. Ch. filed Dec. 15, 1998). Ice Cream Distributors of Evansville LLC v. Dreyer's Grand Ice Cream Inc. et al., Represents Dreyer's Grand Ice Cream Inc., a leading manufacturer and distributor of ice cream and frozen snacks, in litigation alleging violations of the Sherman and Cartwright Acts, Racketeer Influenced and Corrupt Organization ("RICO") Act, and Cal. Bus. & Prof. Code §17200. The court granted our motion for dismissal with prejudice of all claims asserted by one of Dreyer's former distributors.
Ice Cream Distribs. of Evansville, LLC v. Dreyer's Grand Ice Cream, Inc., No. 4:09-cv-05815-CW (N.D. Cal. 2009), appeal docketed, No. 10-17257 (9th Cir. Oct. 7, 2010). VCode Holdings Inc. et al. v. Adidas America Inc., Hitachi Global Storage Technologies, Ltd. et al., Represented Hitachi Global Storage Technologies, Ltd. in a patent infringement action on a patent related to a two-dimensional bar code identification system and method. The case settled after a successful motion to dismiss the non-US HGST affiliates.
VCode Holdings Inc. et al. v. adidas America Inc. et al., No. 0:04-cv-04583 (D. Minn. filed October 25, 2004). Sony Computer Entertainment America LLC v. Zoomba LDC and www.shoppsjailbreak.com, Represents Sony Computer Entertainment America LLC, manufacturer of the PlayStation® family of products and programs, as plaintiff in a copyright and DMCA infringement litigation to stop distribution of illicit "PS Jailbreak" devices. Successfully obtained preliminary injunction. Case pending.
Sony Computer Entm't Am. LLC v. Zoomba LDC, No. 3:10-cv-03909-RS (N.D. Cal. Aug. 31, 2010). Oracle Corporation and Oracle U.S.A. Inc. v. Parallel Networks LLC, Represented Oracle Corporation, the world's most complete, open, and integrated business software and hardware systems company, in an action for declaratory judgment of non-infringement of Parallel Networks' patents for dynamic Web pages. The District Court granted summary judgment of non-infringement on all claims asserted by Parallel Networks and entered a final judgment in favor of Oracle. The case was appealed and then settled. (Judge Robinson).
Oracle Corp. v. Parallel Networks LLP, No. 1:06-cv-00414-SLR (D. Del. filed June 22, 2010). GRiD Systems Corp. v. Texas Instruments Inc., Represented Tandy Corporation (Radio Shack) in this patent/antitrust case against Texas Instruments (TI). Tandy Corporation (Tandy) alleged that TI violated the Sherman Act by obtaining a key patent through fraud on the PTO and using that fraudulently obtained patent to force Tandy to license TI's entire portfolio of patents for $50 million. After plaintiffs obtained favorable rulings the case was settled for a substantial (but confidential) sum.
GRiD Systems Corp. v. Texas Instruments, Inc., 771 F. Supp. 1033 (N. D. Cal. 1991). Patent infringement litigation for Hitachi and Renesas Technology, Represented Hitachi and Renesas Technology as lead appellate counsel in an appeal to the United States Court of Appeals for the Federal Circuit, appealing a finding of infringement of a patent for microprocessor circuit designs from the United States District Court for the District of Oregon. In twin rulings, the Federal Circuit reversed the lower court verdict of $85 million and agreed with a decision by the U.S. Patent and Trademark Office that the claims of the patent at issue were obvious and not eligible for patent protection.
In re Translogic Technology, Inc., 504 F. 3d 1249 (Fed. Cir. 2007). Sony Computer Entertainment America Inc. v. Filipiak, Successfully represented Sony Computer Entertainment America Inc., a computer software company, in a copyright infringement action. The defendant violated the Digital Millennium Copyright Act (DMCA) by distributing software that allowed the unlicensed copying of Sony video games. We obtained a $6 million verdict in favor of our client. This ruling was a seminal decision regarding DMCA liability and calculation of statutory damages and resulted in a published opinion.
Sony Computer Entm't Am. Inc. v. Filipiak,406 F.Supp.2d 1068, (N.D. Cal. 2005). International Control Systems LLC v. Sony Electronics Inc., Hitachi Home Electronics (America) Inc. et al., Represented Hitachi Home Electronics (America) in a patent infringement action brought by International Control Systems, LLC on a patent related to mean sound level control for television receivers. The case settled for a very small amount early in the litigation. (Judge Everingham).
International Control Systems LLC v. Sony Electronics, Inc. et al., No. 2:08-cv-00188 (E.D. Tex. filed May 2, 2008). Sony Computer Entertainment America Inc. v. Divineo, Served as co-counsel in representing Sony Computer Entertainment America Inc. in a copyright infringement action. The defendants had violated the Digital Millennium Copyright Act (DMCA) by distributing video game console circumvention devices that allowed the unlicensed copying of PlayStation® video games. We obtained summary judgment and an award of $5.8 million plus attorneys' fees in favor of our client. The case resulted in a published decision establishing judicial precedent for calculating statutory damages under the anti-circumvention provisions of the DMCA.
Sony Computer Entm't Am., Inc. v. N2-Elecs.Com, 457 F.Supp.2d 957, (N.D. Cal. 2006). Nevada SCSI Enterprises Inc. v. Hitachi Ltd., Represented Hitachi, Ltd. in a patent infringement action brought by Nevada SCSI Enterprises in the District of Nevada on four patents related to switches and repeater switches for distributed digital data buses. The case settled.
Nevada SCSI Enter., Inc. v. Hitachi, Ltd., No. 2:07-cv-00553 (D Nev. filed Apr. 26, 2007). Ice Cream Distributors of Evansville v. Dreyer's Grand Ice Cream Inc., et al., Represented Dreyer's in a litigation alleging violations of the Sherman and Cartwright Acts, Racketeer Influenced and Corrupt Organization ("RICO") Act, and Cal. Bus. & Prof. Code §17200. The court granted our client's motion for a dismissal with prejudice of all claims asserted by one of Dreyer's former distributors. That matter has now been appealed to the Ninth Circuit Court of Appeals. Dreyer's filed its own action against ICD for failure to pay for ice cream products sold to ICD. The District Court granted summary judgment in favor of Dreyer's.
Ice Cream Distributors of Evansville v. Dreyer's Grand Ice Cream, Inc., et al., No. 10-17257 (9th Cir. 2010). Genetics Institute Inc. v. Baxter Healthcare Corporation, Counsel for Baxter Healthcare Corporation in complex commercial case and declaratory judgment patent lawsuit involving protein purification process. Matter settled.
Genetics Inst., Inc. v. Baxter Healthcare Corp., No. 1:98-cv-10629-GAO (D. Mass. filed Mar. 9, 1998). Aventis Pharma S.A. v. Baxter Healthcare Corporation, Represented Baxter Healthcare Corporation, a leading global medical products and services company, in a patent infringement action involving alleged infringement of a formulation patent relating to a blood clotting factor. The case was resolved through confidential arbitration.
Aventis Pharma S.A. v. Baxter Healthcare Corp., No.1:06-cv-00636-GMS (D. Del. filed Oct. 16, 2006). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 January 2003, Love, Art, Science & Law
Source: Inside the Minds: Firm Leadership, Books 28 July 2000, Federal Appeals Court Expands Fair Use Copying of Software
Source: Washington Legal Foundation, Articles 01 January 1996, Alternative IP Resolution
Source: The Recorder, Articles Corporate Espionage, Emerging Issues News 03 February 2012, Kilpatrick Townsend Litigator James Gilliland Receives National Recognition For Superior Client Service, News Releases 20 January 2012, Kilpatrick Townsend's James Gilliland: Featured Panelist at American Intellectual Property Law Association 2012 Mid-Winter Institute, News Releases 14 November 2011, Kilpatrick Townsend's James Gilliland: Featured Speaker at American Bar Association Webinar Regarding IP Mediation/Arbitration and Disclosure Agreements, News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 22 July 2011, Kilpatrick Townsend Attorneys Named 2011 Northern California Super Lawyers, News Releases Events 09 October 2012, KT Breakfast Briefing - Alternative Dispute Resolution, Events 24 January 2012, Managing "Adverse" Releationships: The Role of Civility in Advocacy, Events |