Intellectual Property

Representative cases.

Trade Secrete

LeCroy v. SerialTek – Represented LeCroy in an action for misappropriation of technology and proprietary data involving protocol analyzer test equipment.

Cargill v. Progressive Dairy Solutions – Represented Cargill in its action for misappropriation of proprietary technology and data used in the dairy industry.

Ritek v. Riospring – Represented the plaintiff in a trade secret case involving the design and fabrication of micro hard drives.

Mohanrao v. Jaiswal – Served as trial counsel for plaintiffs in a jury trial for trade secret misappropriation and breach of contract involving a concept, business plan and patents for a hydration/transportation product in the cut flower industry. After a month long trial, the jury returned verdicts against the defendant for trade secret misappropriation (including findings of willful and malicious misappropriation), unfair competition, breach of contract, breach of fiduciary duty, and conduct supporting a punitive damage award.

Wentworth Laboratories v. Probe 2000 – Represented the defendant corporation and individuals in a two week “evidentiary hearing” on plaintiff’s motion for preliminary injunction in a trade secret action alleging misappropriation of manufacturing technology for vertical probe cards used to test computer chips and integrated circuits for the semiconductor industry. Plaintiff’s motion for preliminary injunction was denied after extensive witness cross-examination and production of evidence contradicting plaintiff’s assertions of trade secret misappropriation.

Kyphon v. Foster – Achieved an advantageous settlement for the client (a medical device manufacturer), which had sued a former high-level employee for misappropriation of company trade secrets.

Sierra Wire v. Mitchener, Z-tronix – Trial counsel for the defendants in a jury trial involving trade secret misappropriation claims in the electronic wire and cable harness industry; the case was successfully settled during trial after a critical cross-examination of plaintiff’s key financial and liability witnesses.

Basic Brown Bear Factory v. Build-A-Bear Workshop – Served as counsel for the Original Basic Brown Bear Factory of San Francisco in a trade secret misappropriation and copyright, trademark, and trade dress infringement action against the world’s largest stuff-your-own teddy bear retail chain; the case was successfully resolved shortly before trial with a confidential settlement.

Universal Support Systems v. MTS – Represented the defendants in this combination trade secret and patent infringement action involving telecom equipment. The case was successfully resolved in a comprehensive settlement agreement.

Khong Enterprises v. BioLife Pharmaceutical – Resolved a trade secret case against client BioLife involving formulas for pharmaceutical products.

Fillmore Paging Company v. PageNet, Infinitel – Represented the defendants in a case alleging misappropriation of customer information and predatory pricing in the provision of cellular phone service. The case was advantageously settled after discovery.

Tate v. Trainingscape – Served as counsel for Trainingscape, an Internet provider of corporate management services, in a misappropriation of trade secrets and breach of contract action; the case was resolved on favorable terms for the client after successful opposition to plaintiffs motion for preliminary injunction.


Apple v. Podfitness – Represented Apple in this litigation alleging trademark and trade dress infringement of Apple’s famous iPod mark and ear bud trade dress by the defendant , which provided custom workouts set to its customers’ selection of digital music for use on the customers’ iPod or MP3 player. Case was successfully resolved with a consent decree and settlement.

3M v. Rollit – Represented 3M and obtained a preliminary injunction against defendant in this trademark and trade dress infringement action involving 3M’s famous Post-It and canary yellow trademarks for repositionable notes. Case was successfully settled by the parties.

Tibco Software v. Apple Computer – Counsel for plaintiff TIBCO in litigation over the trademark “rendezvous” used in connection with computer software products; the case was successfully resolved for the client.

HG Capital v. HG Capital – Represented plaintiff in a trademark infringement action against a defendant using the same business name and mark; the case was successfully resolved for the client.

Neilmed v. B.F. Ascher – Represented the plaintiff developer of nasal irrigation products in a trademark and patent infringement action. Achieved an advantageous settlement for the client.

Coca-Cola Company v. Sugar Sweet Syrup Company – Represented a frozen carbonated beverage syrup manufacturer sued by Coca-Cola for trademark infringement and counterfeiting. The litigation was successfully resolved after extensive discovery at Coca Cola headquarters and summary judgment was filed for the client.

Levi Strauss v. Rampage Clothing – Resolved a case against defendant client involving the use of a red tab on jeans.

Lyons Partnership v. Entertainers Direct – Successfully represented the defendant costume shop owners accused of trademark infringement and dilution by the owners of the intellectual property rights in “Barney” (the purple dinosaur).

Nikon v. Aggarwal – Successfully negotiated settlement and dismissal of a litigation involving defendants design of a microscope which Nikon claimed was infringing its trade dress.

Republic of Tea v. People’s Tea Company – Obtained dismissal of a trade dress and trademark infringement suit against the client involving the sale and marketing of loose leaf teas in cylindrical specialty tins



IPS v. Bank of America – Successfully represented Bank of America in this copyright infringement action involving program management training materials.

Gilltro Associates, Inc. v. Storage Tek (and related actions) – Represented a computer peripheral developer and manufacturer accused of copyright infringement of a competitor’s software source code embedded in networking hardware. The case was advantageously resolved for the client.

Foley v. Anastasia – Successfully concluded a settlement for an Israeli clothing manufacturer accused of infringing a copyrighted clothing design.

Kingvision Pay-Per-View, Ltd. v. Planet Desert, Inc. – Litigated cases alleging cable piracy of a Tyson/Holyfield boxing match; have also handled over ten cases brought under the Cable Communications Policy Act arising out of alleged piracy and copyright infringement of Pay-Per-View cable and satellite broadcasts of professional boxing matches.



Google v. Netlist – Represented Google in a patent litigation to invalidate and declare non-infringed, a patent held by Netlist relating to memory modules.

Callaway Golf v. Acushnet – Served as trial counsel for Callaway Golf in a jury trial over validity and infringement of patented technology involving multi-layer polyurethane covered golf balls; the jury determined the Callaway patents were valid, while Acushnet ultimately admitted its best selling ProVI golf balls infringed the patents.

Power Integrations v. Fairchild – Served as trial counsel for plaintiff Power Integrations in this patent infringement jury trial involving frequency modulation technology used in semiconductor chips for power supplies. The jury returned verdicts in favor of Power Integrations on validity and infringement, and awarded Power Integrations almost $34 million dollars in damages.

Genesis Microchip v. MRT – In this patent infringement action brought by client Genesis Microchip, involving patented technology in LCD controllers, obtained summary judgment of infringement against MRT, and exceptional case attorneys fees for a total judgment over $7.5 million.

SanDisk v. Ritek – Represented Ritek Corporation against claims of patent infringement related to Flash Memory technology. Ritek successfully defeated SanDisk’s motions for expedited discovery, and preliminary injunction.

Philips v. MRT – Represented the corporate and individual defendants in a patent infringement action involving pooled patents allegedly covering CD and DVD manufacturing technologies. After filing antitrust and patent misuse counterclaims, and successfully opposing plaintiffs motion to dismiss such claims, the case was resolved between the parties.

Ricoh v. CMC Magnetics – Represented the defendant companies in a patent infringement litigation involving technologies for CD and DVD manufacture; the case was successfully resolved prior to trial.

Caliper Technologies v. Molecular Devices – Represented Molecular Devices Corp. in a patent infringement litigation in the area of analytical chemistry and fluorescence polarization assays. The case was successfully resolved for the client after the Markman hearing and claim construction order.

Philips v. Media Factory – Represented certain corporate and individual defendants involved in CD and DVD manufacturing and replication in this patent litigation. Case was successfully resolved.

Brewing Products v. Premier – Defeated plaintiff’s motion for preliminary injunction in an infringement case over a patented fermentation kit; the case was then promptly resolved for the client.

Data Diversified Resources v. Interface Design Group – Obtained dismissal of the suit for alleged improper patent prosecution and enforcement of software business method patents after a successful motion for summary judgment on plaintiff’s complaint.

Safehit v. Carsonite – Represented the defendants in this patent infringement case wherein plaintiff also alleged, RICO violations and unfair competition involving self-erecting composite delineator posts used in the transportation industry. The case was successfully resolved for the client after extensive and difficult negotiations between head to head competitors.

Funai v. Daewoo International Corp. – Successfully obtained dismissal of this patent infringement litigation after establishing no infringement by the client’s accused devices.

Arete Power v. Vycon – Represented the defendants accused of patent infringement in this litigation involving energy storage flywheel technology. The case was successfully resolved for the client.


Commercial and Other Technology Litigation

Zoran v. ArcSoft – Represented ArcSoft in this litigation, and cross action, for breach of contract, and misrepresentation, arising out of a failed alliance for the development of technology used to port video and other content from a computer to a television and other peripheral devices. A comprehensive business solution was worked out between the parties.

Power Integrations v. Quovera – Represented Power Integrations in a suit for breach of contract, negligence and misrepresentation arising out of defendant’s failed implementation of an enterprise production and planning software. After a weeklong binding arbitration, the arbitrator awarded Power Integrations the full amount paid under the implementation contract as well as costs of the suit and arbitration.

The Institute for Innovation, Integration, & Impact v. Laurel Technical Services – Represented plaintiff in a suit for breach of contract and professional negligence, in defendants editing and provision of publication services for plaintiffs book. The case was successfully resolved with a substantial settlement for the client.

Lilly v. Trainingscape – Successfully arbitrated a favorable result for client Trainingscape sued for breach of employment agreements and misappropriation of trade secrets in a weeklong AAA binding arbitration.

CalAmp v. First Internet Systems – Represented the defendants and cross complainants in this breach of contract action involving enterprise management software products.

Dirkswager v. Kmart – Obtained a defense jury verdict for client Kmart in this federal ADA trial over alleged AIDS discrimination.

In Re Doe – In this case arising from the attempted expulsion of the client/student for alleged hacking into school computers and theft of passwords, Mr. Miclean conducted an 8 hour expulsion hearing and examination of 11 witnesses under the California Education Code. After successful appeal to the County Board of Education, the expulsion was vacated.



In Re Hike America – Successfully obtained a domain name for client after filing an ICANN, UDRP procedure for cyberpiracy.

Netscape v. Webscape Designs – Engineered a pre-litigation comprehensive business workout for an Internet start-up accused of trademark infringement.

SKF USA v. Shunt Electric – Successfully litigated and settled this trademark infringement, dilution and cyberpiracy suit over the domain name and metatags on defendant client’s website.

Oyster Software v. Forms Processing, Inc. – Represented the defendant accused of trademark and copyright infringement arising out of alleged unauthorized use of website text and metatags attached to client’s website by a third party advertising company. The case was successfully resolved after discovery revealed the third party involvement.