profile picture of Jack Londen

Jack W. Londen

Senior Of Counsel | San Francisco

We provide the highest quality representation in every proceeding. But what comes first is helping clients exercise the greatest control over their goals, strategies, and costs.

For 39 years at Morrison Foerster, Jack has handled complex, high-stakes litigation for high profile clients. Beginning with a patent infringement jury trial in 1991, he has handled many patent litigation matters. He led Nikon’s recently-settled worldwide patent litigation against its largest competitor, involving over 50 cases in five countries and covering semiconductor litigation and digital patent technologies. Although patent litigation has never been his exclusive practice area, Jack has been the lead in over 30 commercial arbitration matters arising from merger and acquisition transactions — including offering his deep experience in financial accounting disputes to determine the final purchase price. He has handled shareholder derivative cases — including a battle for control of U-Haul Corporation’s parent company in which the Nevada Supreme Court restated its standards for such litigation. Because of his skills in managing complex litigation, Jack was the lead lawyer for the executor of the estate of the founder of DHL securities, in which he oversaw the resolution of 30 other litigation cases regarding estate assets in six different countries.

Experience

(Southern District of New York). Led the team defending Nikon against patent infringement claims aimed at lithography machines used in fabrication of most of the large-panel LCD displays in the world.

(Northern District of California). After Nikon lost an action it had brought in the International Trade Commission, Nikon retained Morrison & Foerster as trial counsel in a companion action in the U.S. District Court in San Francisco. We also supervised related litigation in Japan, Korea, and Taiwan. Mr. Londen led the Nikon team together with Harold McElhinny. The dispute settled in November 2004 after defendants ASML and Carl Zeiss SMT, A.G., agreed to pay Nikon $145 million. Decisions from this action are published at 308 F.Supp. 3d 1039 (2004) and 222 F.R.D. 2d 647 (2004).

Represented buyers and sellers in approximately 20 arbitrations regarding post-closing purchase price adjustments after M&A transactions. In arbitrations led by Mr. Londen over the past four years, clients of Morrison & Foerster have recovered tens of millions of dollars in purchase price adjustments.

(Court of Appeals for the Ninth Circuit). Obtained the dismissal, on constitutional grounds, of mass tort claims against mining giant Rio Tinto Corporation. The claims, asserted in the U.S. District Court in the Central District under the Alien Tort Statute, are based on events on Bougainville Island, Papua New Guinea, where civil strife in 1989 closed the company’s copper-mining operations there and lasted until a U.N.-brokered peace in 1997. Mr. Londen argued the dismissal motion and the appeal to three-judge and en banc panels of the Ninth Circuit. Recently, the dismissal was affirmed based on the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum, U.S. 133 S.Ct. 1659 (2013).

(Superior Court of California, San Francisco County). Co-lead counsel for a class of all students in public elementary and high schools in California with too few textbooks and instructional materials; crowded, unsafe or unhealthy school facilities; and too few qualified teachers. After four years of litigation and months of settlement negotiations, Governor Arnold Schwarzenegger and the State Legislature enacted five statutes to implement a settlement recognizing new standards for schools and securing approximately $1 billion in funding for implementation.

Represented the corporation, which is the holding company for the U-Haul rental and storage network, in defending against derivative litigation at the trial court level and in the Supreme Court of Nevada. Assisted in obtaining the recent complete dismissal of the case on the first day of trial.

(District of Delaware). As lead counsel for Nikon, we successfully defended Nikon in a patent infringement case involving microscope design.

Represented the executor of the estate of a founder of DHL Corporation in the Probate Court of the Commonwealth of the Northern Marianas Islands. For the last year of the proceedings, Mr. Londen served as lead counsel for the executor in the main probate proceeding and more than 30 collateral lawsuits and arbitrations in multiple jurisdictions, involving hundreds of millions of dollars in assets, bringing all of the proceedings to a successful close.

Participated in the successful defense of Altera Corporation in an International Trade Commission investigation and hearing based on allegations of patent infringement involving programmable logic integrated circuits.

(Northern District of California). Obtained a summary judgment for Novell in the U.S. District Court in San Francisco, and an affirmance in the Federal Circuit, on patent infringement allegations brought by the assignee of a patent related to groupware software.


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