Doug Lumish, a nationally recognized trial lawyer, tries cases for the world’s leading technology and life sciences companies on their most important intellectual property and technology related litigation. He also serves as Vice Chair of the Litigation & Trial Department and formerly served as Global Co-Chair of the IP Litigation Practice.
Mr. Lumish is a trial lawyer representing technology and life sciences companies across the spectrum of their intellectual property and technology litigation. He regularly handles patent, trade secret, trademark, and copyright cases in district and Federal Circuit courts across the country, and before the International Trade Commission (ITC) and customs regulators.
Mr. Lumish has an exceptional record of winning at all stages of litigation, including at jury trials, bench trials, and on appeal. He has won jury trials and summary judgments for plaintiffs and defendants alike, and has defeated billions of dollars in claims against his clients.
He frequently speaks and writes about intellectual property and taught a course on patent law at Stanford Law School.
Mr. Lumish has been widely recognized by the following legal organizations and industry publications as a preeminent IP litigator.
- Named a Fellow of the Litigation Counsel of America
- The American Lawyer Litigator of the Week for his jury trial win for TransPerfect
- Chambers USA ranking every year since 2007
- The Daily Journal Top 75 IP Litigators in California listing (2011-2019) and Top 100 Lawyers in California listing, jury win for TransPerfect named a Top Plaintiffs’ Verdict by Impact
- Law360 Tech MVP and IP MVP— one of only 10 in the country
- Intellectual Asset Management Patent 1000 ranking as one of the world’s leading patent practitioners
- Corporate Counsel listed win for Hitachi against MIT and Magsil as one of its Top 10 wins of the year
- The Legal 500
Mr. Lumish has represented numerous industry-leading companies, including:
- Applied Biosystems
- Arista Networks
- Hyperion Solutions*
- Life Technologies
- Micrus Endovascular*
- National Semiconductor*
- 10X Genomics
- Thermo Fisher
- Western Digital
Mr. Lumish’s representative matters include serving as lead trial counsel for:
- Arista Networks in its ongoing disputes with Cisco Systems. Defeated Cisco’s claims of patent infringement at the ITC, thwarting Cisco’s efforts to shut down all US sales of Arista’s switches and avoiding hundreds of millions of dollars of penalties led Arista’s successful efforts to twice obtain approval from Customs that Arista’s switches did not infringe Cisco’s patents and so could be imported into the country.
- Amazon in a seven-patent case brought by a notorious serial patent litigant that threatened the several features used on Amazon.com that are integral to the client’s business. Won summary judgment on §101 grounds and invalidated all asserted claims across all seven patents.
- Codexis, a California-based biotech company, in a patent infringement action against rival EnzymeWorks Inc. Obtained final judgment that EnzymeWorks infringed all 10 Codexis patents-in-suit, and a favorable settlement shortly after.
- Facebook (WhatsApp) in patent litigation against TriPlay, a once-operating entity turned patent troll, claiming to own the concept of using a server to translate messages from one format to another during transmission. Latham secured a victory for WhatsApp in March 2018, invalidating the two patents-in-suit under 35 USC section 101 and winning a motion to dismiss.
- Comcast in its ongoing disputes with Rovi. Won a contentious inter partes Customs proceeding and obtained a finding of non-infringement and approval of a redesign to Comcast’s system. Leading Comcast’s defense before the ITC in follow on litigation.
- Arista Networks in highly publicized bench trial against OptumSoft concerning IP ownership that pitted Silicon Valley legends and long-time collaborators, Andy Bechtolsheim, founder of Sun Microsystems as well as Arista, against Stanford Professor David Cheriton, co-founder of both Arista and OptumSoft, for the ownership of major components of Arista’s software. Achieved a complete defense victory for Arista Networks after a two and a half week bench trial. Phase 2 of the trial concerning misappropriated trade secrets is ongoing.
- Symantec in a multi-patent jury trial. Obtained a jury verdict of non-infringement on the key patent at trial (eliminating 96% of the damages risk to the client), and invalidated the remaining two patents on post-trial motions and on appeal.
- ThermoFisher in a multi-patent infringement action brought by Becton Dickinson which sought to shut down a ThermoFisher business manufacturing unit. Defeated a preliminary injunction motion, then obtained summary judgment of non-infringement of Becton Dickinson’s lead patent. Leading ThermoFisher’s ongoing defense in remaining patent actions.
- Skype in patent infringement suit brought by Gradient. Obtained stipulated dismissal for non-infringement.
- TransPerfect Global, Inc., in a multi-patent infringement case related to website translation technologies. Won a jury verdict finding three patents owned by defendant to be both invalid and not infringed. Jury awarded TransPerfect damages in a victory The Daily Journal named a Top Plaintiffs' Verdict of the year.
- Google and YouTube in a patent dispute with the University of California over patents alleged to cover all modern, interactive web pages. Achieved a jury verdict of patent invalidity after only 2.5 hours of deliberation. The verdict defeated claims for hundreds of millions in damages as well as for injunctive relief.*
- Microsoft, obtaining a complete defense jury verdict against Acacia, which had sought hundreds of millions of dollars in damages.*
*Matter handled prior to joining Latham