Charles Courtenay is based in the London office of Latham & Watkins, where he leads the Intellectual Property Litigation Practice. He previously practiced in the firm’s Los Angeles office for eight years. Mr. Courtenay is both a barrister and a California attorney, and is a member of the Litigation Department. His extensive experience includes intellectual property, technology and banking litigation and arbitration.
Mr. Courtenay’s practice focuses upon intellectual property and other complex disputes, with particular emphasis on cross border, technology and finance matters. He has litigated and advised in many major IP matters (including patent, trademark, copyright and trade secret cases) along with a number of important contract disputes in software and other technology and finance industries. Mr. Courtenay has taken key matters to trial and arbitration both in the United States and England, winning a number of important and valuable decisions, and has represented clients before many regulatory agencies.
Mr. Courtenay also recently spent time seconded to the litigation group of a major investment bank in London, where he managed an array of complex banking disputes in the UK and across the globe.
Mr. Courtenay enjoys dual qualification; he was called to the bar in England and Wales in 1999 and joined the California bar in 2004. His hands-on experience across both jurisdictions allows him to represent and advise clients facing the most challenging legal issues, and makes him well-placed to support local, national and international clients.
Mr. Courtenay plays an active role in Latham's pro bono program, and he has successfully represented a number of non-profit clients. He also plays a leading role in Latham's community, having been a long-standing member of the firm’s Mentoring and Recruiting Committees. He currently serves on the Ethics Committee.
Before joining Latham, Mr. Courtenay practiced as a Chancery barrister in Lincoln’s Inn, London. After completing an Art History Masters at St. John’s College, Cambridge, he completed his legal studies at the Inns of Court. In 1999 he was called to the Bar by the Inner Temple, before practicing from 9 Old Square, Chambers of Michael Driscoll, QC (now Maitland Chambers) where he is a door tenant.
Major current and recent matters include:
- Representation of a leading investment bank in relation to an investigation by the UK Takeover Panel arising from termination of a major cross-border merger
- Represented a global software company in prosecuting patent and false advertising claims against a competitor in the media server industry in ND California
- Successfully mediated resolution to a software development dispute between a leading UK taxi and delivery company and the developer of its core industry-leading software platform
- Representation of a global investment company in relation to a financial database ownership dispute in a major private equity transaction
- Complete defense of a leading international live music promotions and ticketing company in a near-US$1 billion dollar breach of contract arbitration relating to ticketing software before the ICC in London
- Complete defense verdict in JAMS arbitration for a leading Canadian software firm in a US$50 million development dispute with the second largest US school district
- Successful prosecution of a trade secret misappropriation case in California Superior Court, resulting in a US$18 million jury verdict
- Complete defense verdict for a major global consultancy firm and leading economists in trade secret misappropriation arbitration before JAMS over software for electronic auctions
- Representation of one of the world's largest automobile manufacturers in a global trademark infringement dispute relating to motor car design
- Representation of a leading Chinese video games manufacturer in an international copyright dispute
- Representation of an international group of companies in patent infringement litigation in the Eastern District of Texas focused upon massively-multiplayer computer gaming technology
- Defended a Japanese engineering company in response to bribery investigations by DOJ, SFO and others in relation to a Nigerian LNG deal
- Complete defense verdict for a leading international marketing and advertising company in an arbitration before JAMS involving breach of contract claims arising from the marketing of a health product
- Defense of a manufacturer of infrared detectors in a multi-million dollar trade secret misappropriation and patent infringement claim in the Eastern District of Texas
- Trade secret misappropriation claim on behalf of a healthcare software company against a former employee who had moved to a major competitor
- Summary judgment on behalf of a major enterprise software company and three of its executive officers in a US$3 billion securities fraud class action arising from a missed earnings forecast
- Successfully represented a leading internet security and anti-virus software company in curtailing anti-competitive conduct of a leading industry rival in Europe and the US
Mr. Courtenay has authored a number of Latham & Watkins’ recent articles:
- Preparing for the roll out of the European Patent Reforms
- U.S. Supreme Court Rules "First Sale" Doctrine Applies to Foreign-Made Goods
- Where Do You Sue Over An App?
- Practical Implications of the America Invents Act on United States Patent Litigation
Mr. Courtenay has delivered lectures recently on:
- Important Developments in European IP – What US Litigators and Their Clients Need to Know
- Privilege Considerations for Transactional Lawyers