“Lumish doesn’t just litigate cases, he tries them. He is an incredibly articulate, A+ lawyer who you would want in your corner any day of the week. Outside of trial, he makes an effective business counsellor and a great strategic sounding board.”Intellectual Asset Management Patent 1000 2014

Douglas E. Lumish

Silicon Valley | San Francisco
  • 140 Scott Drive
  • Menlo Park, CA 94025
  • USA
 
 

Doug Lumish is the Global Co-Chair of Latham & Watkins’ IP Litigation Practice Group, and a partner in its Silicon Valley and San Francisco offices. Mr. Lumish is lauded as one of the nation’s top intellectual property trial lawyers and has served as lead trial counsel on numerous patent, trade secret, trademark, and other commercial matters for the country’s preeminent technology companies. In this role he has won jury trials and summary judgments for plaintiffs and defendants alike, and has defeated billions of dollars in claims against his clients.

Mr. Lumish is a Fellow of the Litigation Counsel of America, and he has been praised by numerous publications including The American Lawyer which named Mr. Lumish a “Litigator of the Week” in 2013 for his jury trial win for TransPerfect in a multi-patent infringement case regarding website translation technologies. Chambers has listed Mr. Lumish every year since 2007, noting in 2014 that he is "very polished on his feet, with a good courtroom demeanor" and in 2013 that he is a "‘highly intelligent and highly organized’ patent litigator with particular expertise in the software and internet spheres.” The Daily Journal has repeatedly listed Mr. Lumish as one of the top 75 IP litigators in California (2011-14) and as one of the Top 100 Lawyers in California (2012-13), and named Mr. Lumish’s jury win for TransPerfect a "2013 Top Plaintiffs' Verdict by Impact." Also in 2013, Law360 named Mr. Lumish an “IP MVP”—one of only 10 in the country—and noted his jury win in East Texas as lead trial counsel for Google in a high-profile patent infringement trial against Eolas and the University of California. Mr. Lumish has been recognized by others including Intellectual Asset Management which lists Mr. Lumish on its Patent 1000 rankings of the world’s leading patent practitioners, Corporate Counsel which listed Mr. Lumish’s win for Hitachi against MIT and Magsil as one of its Top 10 wins for 2011, The Legal 500 and Super Lawyers.

Mr. Lumish has litigated cases across a diverse technology spectrum including internet and web technologies, database, file system and operating system software, video game technology, touch screen and smartphone technologies, stents, aneurysm treatment and other medical devices, camcorders and PC connectivity, data networking equipment and networking protocols, semiconductor equipment and processes, capillary electrophoresis equipment and processes, PCR equipment and processes, hard disk drives, cellular technology, biotechnology equipment and processes, and analog and digital circuit design. Mr. Lumish co-taught a patent litigation course at Stanford Law School in 2010 and 2012. He is also a frequent speaker and writer on intellectual property matters. Prior to his legal career, Mr. Lumish was a systems consultant to computer and high technology companies and designed and implemented strategies to automate various business functions, employing a diverse mixture of mainframe, minicomputer, UNIX and PC technologies.

His clients have included industry-leading companies such as:

  • Activision*
  • Adobe 
  • Amazon 
  • Apple 
  • Arista 
  • Disney 
  • eBay* 
  • Google* 
  • Hitachi 
  • Intel* 
  • JVC* 
  • Life Technologies 
  • Matsushita* 
  • Microsoft 
  • Micrus Endovascular* 
  • National Semiconductor* 
  • Oracle 
  • Skype 
  • Symantec 
  • Trimble* 
  • Western Digital 
  • WhatsApp 
  • Yahoo!

*Attorney experience prior to joining Latham & Watkins.

  • As lead trial counsel for TransPerfect Global, Inc., in a multi-patent infringement case before the US District Court for the Northern District of California related to website translation technologies, won a jury verdict finding three patents owned by defendant to be both invalid and not infringed by TransPerfect and awarded TransPerfect more than US$1 million in damages.
  • As lead trial counsel in Tyler Texas (E.D.Tx.) for Google and YouTube in 2012, achieved a jury verdict of patent invalidity against Eolas and the University of California which asserted two patents alleged to cover all modern, interactive web pages. Mr. Lumish presented opening statements and closing arguments as well as key examinations on behalf of the full defense group.  Despite multiple reexaminations and numerous licenses to the patents-in-suit, the jury invalidated all asserted claims after only 2.5 hours of deliberation. This verdict defeated claims for hundreds of millions in damages as well as for injunctive relief.*
  •  As lead counsel for Hitachi and Shenzen Excelstor in 2011, won a precedent–setting summary judgment invalidating a patent asserted by M.I.T. and its licensee MagSil in the District of Delaware, and so defeated a claim for more than US$100 million in damages and an injunction after all other defendants in the disk drive space had settled and taken a license to the patent-in-suit.*  
  • As lead trial counsel for Hitachi in 2011, tried to a jury verdict claims by Convolve, Inc. of patent infringement based on acoustic control in disk drives. After initially dead-locking, the jury in Marshall Texas (E.D.Tx.) reached a compromise verdict that awarded damages of US$1.4 million against Hitachi; a small fraction of the damages sought by Convolve.*
  •  As lead counsel for Yahoo! in the Eastern District of Texas, obtained summary judgment of invalidity for all but two dependent claims (which were later dropped) in a patent suit brought by Paid Search Engine Tools against Yahoo!’s internet advertising technologies. As appellate counsel, helped Yahoo! secure that victory with a summary affirmance in 2012.*
  • Obtained partial summary judgment of divided infringement for Yahoo! in the District of Delaware against Girafa, a software company alleging infringement by the display of thumbnail images on certain Yahoo! web pages.*
  •  Trial counsel for Microsoft which obtained a complete defense jury verdict in the Eastern District of Texas against Acacia which sought hundreds of millions of dollars in damages.*
  • Trial and appellate counsel for Oracle which prevailed on summary judgment and on appeal before the Federal Circuit against Mangosoft which sought more than US$500 million in damages for a patent alleged to cover database clustering technology.*

*Attorney experience prior to joining Latham & Watkins.