Intellectual Property Litigation

• Trade Secrets. After a six-week state court trial, obtained judgment for defendants sued for misappropriation of trade secrets. The Court of Appeal affirmed an award of attorney's fees in excess of $500,000.

• Copyright Infringement. Represented software manufacturer in copyright infringement action against former employee. A federal court trial concluded with a permanent injunction from publishing and marketing software, damages, and an attorney's fees award.

• Patent infringement. Represented defendant in patent infringement lawsuit. After federal court jury trial, obtained judgment that patent was unenforceable because of patentee's inequitable conduct before the United States Patent and Trademark Office.

• Confidentiality Agreements. Obtained directed verdict after seven-week jury trial upholding enforceability of confidentiality agreement in trade secrets case.

• Trademarks. Mr. Gibson has prosecuted and defended numerous motions for preliminary injunctions in trademark matters.

• Reported cases include:

• Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc., 609 F.3d 1308 (Fed. Cir. 2010). Patent case reviewing award of royalties and liability of corporate officers for infringement by corporation.

• Cabinet Vision v. Cabnetware, 129 F.3d 595 (Fed. Cir. 1997).  Reviewing Seventh Amendment right to a jury trial in patent case involving defense of inequitable conduct and antitrust counterclaim.

• Valley Engineers, Inc. v. Electric Engineering Co., 158 F.3d 1051 (9th Cir. 1998).  Affirming dismissal of complaint as sanction for discovery violation.

• International Billing Services, Inc. v. Emigh, 84 Cal. App. 4th 1175 (2000). Reviewing award of attorney's fees under written confidentiality agreement.

• Kapusta v. Gale Corp., 457 F.Supp.2d 1051 (E.D. Cal. 2006).  Obtained summary judgment of patent infringement after remand from Federal Circuit.

• Meridian Project Systems, Inc. v. Hardin Const. Co., LLC, 426 F.Supp.2d 1101 (E.D. Cal. 2006).  Order on summary judgment in software copyright infringement action.