Douglas E. Lumish

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.
• A multi-national technology company in a seven-patent case brought by a notorious serial patent litigant that threatened the several features used on its platform 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