Paul has 35 years of experience in complex commercial litigation. In addition, he handles all aspects of intellectual property litigation and arbitration including patent, trademark, trade secret, and copyright disputes. Paul's complex commercial litigation, intellectual property, trial, and appellate experience is extremely diverse. He has represented clients in a variety of cases including claims alleging false designation of origin under the Lanham Act, a dispute over the termination of a worldwide license agreement, and numerous patent and trademark infringement cases involving medical devices, biotech and computer hardware and software technologies. He has litigated numerous corporate disputes involving all aspects of corporate law. In addition, he has handled several major insurance coverage disputes on behalf of insurance carriers in business related insurance matters. He also has litigated several professional responsibility matters. In addition, Paul has litigated several matters over the years involving redevelopment law and tax increment financing. He has represented public and private corporations and public entities in both state and federal courts at the trial and appellate court levels. Representative Experience Representing insurer in coverage dispute involving the Mattel v. MGA litigation. Representing manufacturer in patent infringement litigation involving car chargers for mobile phones. Representing manufacturer in patent infringement litigation involving plastic pools. Representing media company in copyright infringement claim involving photographic images on multiple internet sites. Representing ocean liner carrier in multi-million dollar maritime claim. Representing insurer in fidelity bond dispute involving subprime mortgage loan scheme. Representing telephone manufacturer in copyright infringement suit. Representing the County of Los Angeles against the Los Angeles Unified School District relating to the proper allocation of millions of dollars of property tax revenue to affected taxing entities pursuant to the Health and Safety Code and the Revenue and Taxation Code. Chair of three member arbitration panel involving biomedical technology in the largest pending arbitration before the International Centre for Dispute Resolution. Briefed and argued on behalf of 37 amici which resulted in the Ninth Circuit issuing a unanimous en banc decision (Wilderness Society v. United States Forest Service (9th Cir. Jan. 14, 2011)), overturning its so-called "federal defendant" rule, which had severely limited intervention in suits under the National Environmental Protection Act (NEPA) in the Ninth Circuit. The decision removes unique barriers for a private party or state or local government to join in the defense of the federal government's NEPA analysis. Represented national real estate brokerage firm in multi-million dollar breach of fiduciary duty claim; trial court granted summary judgment on all causes of action. Represented medical group in a multi-million dollar dispute with insurance carrier and a hospital over the proper allocation of payment and expenses. Represented insurance carrier in successful Ninth Circuit appeal in coverage/bad faith lawsuit after district court granted summary judgment in its favor, enforcing the policy's pending and prior litigation exclusions. Represented insurer in multi-million dollar claims coverage dispute involving underlying securities class action litigation. Represented surfware trademark owner in a dispute over the termination of a worldwide License Agreement. Represented software designer and manufacturer of electronic bingo games in copyright infringement, breach of contract and misappropriation of trade secrets litigation. Represented a national law firm in professional malpractice litigation. Obtained summary judgment in coverage/bad faith lawsuit where court enforced the policy's pending and prior litigation exclusion. Represented Motorcycle Safety Foundation in the prosecution of copyright infringement claims resulting in a favorable settlement. Represented the plaintiff in a claim alleging false designation of origin under the Lanham Act in which products labeled "Made in Korea" were actually being made in China and then transshipped to Korea to evade quota limitations. Obtained $15.25 million arbitration award for his client following a multi-day arbitration involving the purchase and sale of a luxury waterfront house. Also awarded full attorneys' fees requested and $2 million in pre-judgment interest. Represented Los Angeles County against the City of Los Angeles in a dispute involving millions of dollars of tax increment revenue. Defended a patent infringement action involving a document imaging program and settled the case for less than the cost of defense. Defended a software license and trademark dispute over software used to manage Wendy's franchise restaurants that resulted in a substantial payment by the plaintiff. Represented the plaintiff in three related patent infringement cases involving cell and tissue testing methods. Defended a patent infringement action involving cataract surgery technology that resulted in a dismissal without any settlement payments. Represented the plaintiff in a patent infringement case involving surgical laser technology. Represented the claimant in an action involving a license agreement to develop florescent dyes resulting in a seven figure settlement for client. Defended a reseller of computer chips in a trademark infringement action. A motion for preliminary injunction was denied and affirmed by the Ninth Circuit. Settled a case on behalf of the plaintiff in a patent infringement case involving carbon racing clutches following a favorable Markman ruling. Defended a patent infringement case involving side-firing surgical laser devices that resulted in a lucrative license for the defendant. Successfully defended a declaratory relief action regarding the scope of a license to make stent-related devices. Represented the plaintiff in a breach of license agreement to provide distant learning courses for San Diego State University. The case was arbitrated and client received an award seven times the amount offered to settle the case. Obtained summary judgment in a patent infringement case for a Japanese company that imports and sells heart rate monitors and bicycle computers in the U.S. Settled a professional liability lawsuit on behalf of a national law firm for nuisance value. Obtained reinstatement of summary judgment by the Ninth Circuit in an adversarial proceeding on appeal after the Bankruptcy Appellate Panel reversed the bankruptcy court's opinion in the client's favor. Served as an arbitrator in dozens of complex American Arbitration Association matters. Presentations and Speaking Engagements "Earn Your Passport Stamp: Learn Best Practices for Using Arbitration in International IP Disputes (No Visa Required)," 24th Annual American Bar Association Intellectual Property Law Conference (April 3, 2009). "Summary of Intellectual Property Law Basics" and Expanded Seminar, Motorcycle Industry Council's Annual Meeting (February 15, 2008). "Summary of Intellectual Property Law Basics," Motorcycle Industry Council's Communications Symposium (November 8, 2007). A General Practitioner's Guide: What to do if Your Client has an Antitrust or Intellectual Property Issue (April 24, 2007). Publications "Oops! Did They Really Mean to Produce the Smoking Gun?: What to Do with Inadvertently-produced Privileged Material," California Litigation, Vol. 22, No 1 (2009). Successfully Burying the Hatchet - A Lawyer's Guide to Effectively Negotiating IP Cases (August 1, 2007). How to Lose a Lawsuit by Not Keeping Track of Your Emails and Documents: Spoliation, Electronic Discover and the Avoidance of Sanctions (September 1, 2006). Other Distinctions Selected for Southern California Super Lawyers in Intellectual Property Litigation and Business Litigation (2009, 2010, 2011) Lawyer Representative, Central District of California Attorney Delegation to the Ninth Circuit Judicial Conference Member, Executive Committee, Masters Division, Orange County Bar Association Attorney Insurance Mutual Risk Retention Group, past member, Board of Directors and member of risk management and underwriting committees Association of Business Trial Lawyers, Orange County Chapter, past member, Board of Directors Orange County Bar Association, past member, Board of Directors Achieved an AV® Peer Review Rating from Martindale-Hubbell Selected as a Finalist in the Lawdragon 500 Leading Lawyers in America (2007) Cystic Fibrosis Foundation, member, Board of Directors Work Experience Partner, Troutman Sanders LLP, 2009 - present
-associate General Counsel, 2009 - present Partner, Ross, Dixon & Bell, LLP, 2006 - 2008 Shareholder, Stradling Yocca Calrson & Rauth, 1981 - 2006
-General Counsel, 1992 - 2006 Memberships · Board of Governors, Association of Business Trial Lawyers, Orange County Chapter · Central District Representative Technology Committee · American Arbitration Association, Complex Panel of Arbitrators · State Bar of California, Intellectual Property Law Section · Federal Bar Association · Orange County Bar Association · American Bar Association |