For years, Bartko attorneys have achieved outstanding results for their clients in diverse areas of intellectual property litigation. With specialties in trade secret, patent, trademark, copyright, and technology license litigation, our attorneys have successfully tried high-stakes technology cases to both juries, judges and arbitrators, and achieved top-value settlements. The principals at Bartko have collectively tried over 100 cases to verdict. We also specialize in preliminary injunction proceedings arising out of IP cases. Our depth of substantive and technical understanding, experience handling complex litigation, and willingness to take cases to trial ensure the best possible protection of our clients’ legal interests.
Bartko prides itself on immediate responsiveness to its clients, and we welcome alternative fee arrangements and other strategies to align the clients’ and the firm’s interests. We often team with other, specialty-technology law firms or lawyers to bring the most advanced technical expertise to bear on each case. We work closely with our clients and in-house counsel to resolve their specific legal issues. We know that costs and results are what matter.
Representative Intellectual Property Clients
- ASML
- Actuate Corporation
- CPT
- Eastman Kodak
- Impinj
- Natera
- Neoptix
- Netlist
- Quantum Group
- Sun Microsystems
- ViaCyte
- Vizio
Although Bartko is willing and able to take a case to trial to best protect our client’s interests, we understand that sometimes settlement is the prudent way to resolve a dispute. The Firm has an extensive alternative dispute resolution practice, and several of our lawyers are court-approved mediators. We bring this expertise to the table, along with experience licensing intellectual property, to help clients obtain the best possible resolutions.
Representative Cases
ASML v. XTAL
(Santa Clara Sup). Obtained a jury verdict after a three-week jury trial in a case alleging misappropriation of trade secrets related to computational lithography and related claims against XTAL, a company who hired several former ASML employees. The jury also found that XTAL’s conduct as to all counts was malicious which entitles ASML to an award of punitive damages and attorneys’ fees. Judgment entered in favor of client for $845 million plus injunctive relief.
Netlist v. Diablo and Smart Storage
(ND Cal). Prosecution and trial of trade secret, patent and trademark claims involving HyperCloud® LR-DIMM computer memory module technology, including obtaining preliminary injunction.
Wells Fargo v. ABD
(ND Cal/9th Cir). Twice defeated motion for preliminary injunction in trademark case over business name.
Actuate v. Scicom
(D Minn). Successful assertion of claims for breach of software license agreement and copyright infringement.
Natera v. Sequenom
(ND Cal/Fed Cir). Represented declaratory judgment plaintiff in action to invalidate patent for noninvasive, prenatal genetic testing; successful appeal after obtaining summary judgment holding that the patent-in-suit is invalid.
Asterias v. ViaCyte
(ND Cal). Defended ViaCyte against Asterias’ Section 146 appeal of unsuccessful patent interference action based on PTO Board of Appeals’ finding of lack of enablement.
Digital Reg of Texas v. Adobe
(ND Cal). Co-counsel for plaintiff in patent case relating to electronic delivery of software products.
Innovus Prime v. Vizio
(ND Cal). Defended television provider in patent infringement case brought by patent assertion entity.
Impinj v. Synopsys
(JAMS). Represented Impinj regarding rights and restrictions under Asset Purchase Agreement and the sale of non volatile memory semiconductor technology. One week arbitration hearing.
LumaSense v. Neoptix
(ND Cal). Defended manufacturer of fiber-optic temperature sensors against allegations of trademark infringement and trade secret misappropriation.
Biotech Company
Represented Amgen in dispute concerning complex license and contract for supply of key component for multi-billion dollar cancer-related drug.
Sun Microsystems v. Azul
(ND Cal). Represented Sun in connection with patent, trade secret, contract and interference claims brought against former employees concerning JAVA-based software and hardware for parallel chip computing.
LG Electronic v. CPT
(CD Cal). Scheduled to co-try defense of two patent claims involving semiconductor design for thin film Liquid Crystal Display modules; obtained directed verdict on the two patents the day before Opening Statements stemming from victory in related AAA International arbitration over patent ownership rights.
DR Systems, Inc. v. Fujifilm, Eastman Kodak
(SD Cal). Represented Kodak in two patent infringement suits regarding picture archiving and communications systems (PACS) for digital medical images such as MRI and CT scans.
CPT v. LG Electronics
(AAA International). Represented Taiwanese manufacturer of LCDs in connection with successful one week arbitration hearing concerning ownership of intellectual property rights arising from a joint development agreement.
USG v. Award Metals
(ND Cal). Represented USG in successful prosecution and settlement of trade secret and patent claims relating to corner bead.
Hoffer v. Microsoft; Hoffer v. International Business Machines Corp.
(ND Cal and Fed Cir) and (SD Cal, ND Cal and 9th Cir). Defended a leading computer company in patent litigation concerning design of interactive internet databases. Obtained summary judgment of non-infringement, affirmed in Hoffer v. Microsoft Corp., 405 F.3d 1326 (Fed. Cir. 2005), and obtained dismissal of related trade secret and business torts case.
Fyrnetics Hong Kong and Kidde Safety v. Quantum Group
(ND Illinois, 7th Circuit and AAA). Represented defendant in trial and appeal of issues under license agreement and then two-week arbitration concerning design of 500,000 recalled carbon monoxide detectors, with alleged damages of $13 million. Final Award entered in an amount less than offered in settlement, and plaintiffs’ request for attorneys’ fees denied.
Webgain, Inc. v. Borland Software Corporation
(ND Cal). Represented Borland in complex patent litigation involving multiple patents concerning programming environments for creating software. Case successfully settled after favorable rulings on claim construction and motions for partial summary judgment.
Forge v. National Semiconductor
(Santa Clara Sup Ct). Obtained defense verdict for National after six-week class action jury trial alleging breach of fiduciary duty and securities violations in connection with National’s abilities to manufacture microprocessors; $240 million asserted in damages. Named by Daily Journal as top defense jury trial victory of the year.
National Semiconductor v. John Doe
(Santa Clara Sup Ct). Obtained “inevitable disclosure” temporary restraining order and then preliminary injunction in trade secret case against defendant and five co-workers regarding MR Preamp integrated circuits.
DSC Communications v. Next Level Communications
(ED Texas). Trial of alleged $500 million trade secret case involving alleged theft of fiber optic on-demand video technology.
