Megan Chung has been advising and representing clients on intellectual property and technology-related matters, focusing on patent, copyright, trade secret and trademark litigation. Ms. Chung has represented both plaintiffs and defendants in federal courts throughout the United States, including the U.S. International Trade Commission. She has evaluated IP and litigated claims addressing technology ranging from biotechnology, computer products and accessories, fishing lures, medical device products, operating systems, semiconductor processing, telecommunications, and videogame software and publishing. She has also drafted appellate briefs, including amicus briefs to the United States Supreme Court. Ms. Chung regularly counsels clients on a wide range of copyright, trademark and patents issues from advertising, anticounterfeiting, clearance, competitive analysis, enforcement, and marking. Ms. Chung is also committed to public interest work, especially those involving children in the juvenile courts and sexually exploited children and women. Professional & Community Activities American Bar Association, Member American Intellectual Property Law Association, Member Asian American Bar Association, Judiciary Committee Member Pan Asian Lawyers of San Diego, Member San Diego Intellectual Property Law Association, Member State Bar of California, IP Section Clerkships U.S. District Court for the Northern District of California - Honorable William Alsup Industries Technology & Software; Health & Life Sciences; Semiconductors & Electronics; Telecommunications; Hospitality & Gaming; Entertainment, Media & Sports; Clean Technology; Aerospace & Defense Experience Video Enhancement Solutions LLC v. Denon Electronics, Epson America, et al., Represented Epson America Inc. as defendant in a patent infringement case related to the reduction of blocking artifacts in video displays. Case settled.
Video Enhancement Solutions, L.L.C. v. Denon Electronics (USA), L.L.C. et al., 2:10-cv-04370 (C.D. Cal. filed June 14, 2010). Wedgetail Ltd. et al. v. Huddleston Deluxe Inc., Represented Huddleston, a custom fish lure manufacturer, in a patent infringement action related to mechanical device-related patents. Plaintiff voluntarily dismissed with prejudice after we successfully won claim construction.
Wedgetail Ltd. et al. v. Huddleston Deluxe Inc., No. 07-cv-202 (E.D. Tex. Dismissed Aug. 15, 2008). 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). Z-Line Designs, inc. v. Sauder Woodworking Co., Represented Z-Line Designs, a major ready-to-assemble furniture manufacturer and distributor, in a design patent and trade dress infringement litigation in the Northern District of California. Case settled favorably for the client.
Z-Line Designs, Inc. v. Sauder Woodworking Co., No. 10-cv-1735, (N.D. Cal. filed Apr. 26, 2010). 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). Williams-Sonoma Inc. v. Friendfinder Inc. et al., Achieved judgment for Williams-Sonoma, Inc. against unauthorized use of client's trademarks in connection with adult websites.
Williams-Sonoma, Inc. v. Friendfinder, Inc. et al., No. 3:06-cv-06572 (N.D. Cal. filed Oct. 20, 2006). 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). TecSec Inc. v. IBM Corp., et al., Represents Oracle Corporation and Oracle America, Inc. in a patent infringement litigation in the Eastern District of Virginia. The plaintiff asserted 11 patents related to encryption and network hardware technology against Oracle and several other defendants. In connection with defending Oracle, we performed significant analysis of the network hardware and WSS and OASIS security standards at issue and encryption prior art. The court stayed the case for all defendants except for IBM. The case against IBM is currently on appeal to the Federal Circuit.
TecSec, Inc. v. IBM Corp., et al., No. 1:10-cv-115 (E.D. Va. Filed Feb. 5, 2010). 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). Perfect 10 Inc. v. Amazon.com Inc. et al., Represented defendants Amazon.com, A9.com, and Alexa Internet against claims that search engine capabilities rendered them liable for copyright infringement.
Perfect 10 Inc. v. Amazon.com Inc. et al., No. 2:05-cv-04753 (C.D. Cal. filed June 29, 2005). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 April 2011, Does Liability under the DMCA Require a Showing of Nexus to Copyright Infringement
Source: American Bar Association's Intellectual Property Litigation Newsletter, Articles 07 October 2010, Second Circuit Finds Downloading Music Does Not Violate "Performance" Copyright
Source: Townsend IP Update, Articles 24 March 2010, Federal Circuit's en banc Decision Delineates and Defines a Written Description Requirement
Source: Townsend IP Update, Articles Events 04 August 2011, Patent Ethics - Staying Within the Lines, Events 04 November 2010, IP Enforcement at the Border, Events |