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Morrison Foerster Secures Complete Summary Judgment Victory in $900 Million+ Wearable Medical Technology Trade Secret Suit

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Morrison Foerster secured a complete summary judgment victory in trade secret litigation for its client, the country’s largest integrated healthcare system, in Alameda County Superior Court.

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Morrison Foerster secured a complete summary judgment victory in trade secret litigation for its client, the country’s largest integrated healthcare system, in Alameda County Superior Court.Plaintiff sought $900 million+ in damages, alleging breach of an NDA and trade secret misappropriation relating to wearable medical device technologies. On February 28, 2024, the Court granted summary judgment for MoFo’s client on all claims, finding there was no evidence that it breached the NDA or misappropriated any trade secrets.The MoFo team was comprised of intellectual property litigators Timothy Chen Saulsbury, Allyson Bennett, Whitney O’Byrne, Katherine McNutt, and Joyce C. Li.

Morrison Foerster Secures Complete Summary Judgment Victory in $900 Million+ Wearable Medical Technology Trade Secret Suit

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Tim Chen Saulsbury co-chairs the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group. He represents many of the world’s leading technology companies in high-stakes patent and technology disputes and has served as lead counsel for the likes of VMware, Zoom, Atlassian, Pinterest, Wix.com, and Tonal. His experience spans all aspects of trial and appellate practice.Tim’s track record has resulted in recognition from leading publications. IAM Patent 1000 describes Tim as a “formidable lead trial attorney,” highlighting wins for Zoom and others.  Bloomberg Law named Tim one of the top 40 lawyers in the country under 40, and the Daily Journal labeled him one of the “Top Intellectual Property Lawyers” in California. He also was recognized by the Daily Journal as one of California’s top 40 lawyers under the age of 40, on Benchmark Litigation’s 40 & Under Hot List, and by The Legal 500 (for Copyright, Patent Licensing, Patent Litigation, and Trade Secrets).Tim’s recent highlights include:<ul><li>As lead counsel for the country’s largest integrated healthcare system, Tim secured a complete summary judgment victory in a $900M+ trade secret case involving wearable medical device technologies, earning him Litigator of the Week runner up honors in The American Lawyer.</li><li>As lead counsel for Zoom in a six-patent case involving end-to-end encryption technology, Tim defended against claims seeking $100M+ annually and amounting to $1.5B+ over the life of the patents. After winning successive dismissal motions, Zoom moved to dismiss the entire case with prejudice. The Court issued a tentative ruling indicating that it was inclined to grant the motion, and the case promptly resolved.</li><li>A complete defense verdict in a competitor patent trial involving USB technology that powers Apple CarPlay. Tim’s cross-examination of the lead inventor was later described as a “climactic moment” and potentially “a big reason why the jury would later reject Microchip’s case.”</li><li>In the months leading up to that trial, Tim put together a streak of five complete walkaways as lead counsel for Zoom, Atlassian, and Brightcove.</li></ul>Tim also maintains an active pro bono docket, serving as full scope counsel in a range of cases—including FTCA, First Amendment, wrongful termination, and Section 1983 prisoners’ rights matters—and representing victims of violence in immigration proceedings.Prior to joining MoFo, Tim was a partner at a national trial boutique, where he built his practice representing major technology companies in high-stakes intellectual property matters and served on the firm’s management committee.

Timothy Chen Saulsbury

Partner

Whitney O’Byrne is a trial lawyer with a wide range of experience litigating complex civil, regulatory, and criminal matters. She represents clients, large and small, in disputes involving intellectual property, legal malpractice, antitrust, consumer class actions, privacy class actions, and other commercial litigation in state and federal court. Whitney has also represented individual and institutional clients in investigations conducted by the Department of Justice, the Securities and Exchange Commission, the Federal Reserve, and the Commodity Futures Trading Commission.Whitney’s substantial trial experience includes a multi-district antitrust case in the Southern District of New York, a patent trial in the Northern District of California, criminal trials in California and New York, and multiple JAMS and AAA arbitrations. Whitney is also a NITA trial skills instructor and has taught trial advocacy at multiple levels for over 10 years.Whitney most recently practiced at a premier litigation boutique, where she worked on trade secrets, legal malpractice, and class action litigations for companies ranging from early-stage startups to established technology companies. Whitney also served as a law clerk in the Eastern District of New York.Whitney was recognized as a 2021 Rising Star by Northern California Super Lawyers and has been published by Bloomberg Law. She has served on the Diversity and Inclusion Committee of the Barristers Club of the Bar Association of San Francisco and was a member of the Edward J. McFetridge Inn of Court.Whitney graduated from Columbia Law School, where she served as an Articles Editor of the Columbia Human Rights Law Review and was a Harlan Fiske Stone Scholar. She earned a Bachelor of Arts summa cum laude from Washington University in St. Louis.Whitney is admitted to the State Bars of New York and California.<h4>Representative Experience</h4><ul><li>Representing major healthcare company in trade secrets litigation concerning remote patient monitoring.</li><li>Representing leading online and mobile marketplace in class action litigation alleging employee misclassification.</li><li>Representation of victim and witness in connection with prosecution of Michael Avenatti for extorting Nike.</li><li>Representation of a Fortune 100 investment bank in connection with DOJ investigation.</li><li>Representation of large Japanese bank with respect investigations conducted by multiple regulators.</li><li>Representation of Argentine sports marketing agency in connection with various investigations related to FIFA corruption.</li></ul>

Whitney O'Byrne

Katie McNutt is an associate in Morrison Foerster’s Intellectual Property Litigation Group.Katie litigates cases and counsels clients on matters involving patents, copyrights, and trade secrets across a range of industries. She recently assisted a client in obtaining summary judgment to establish that its activities hosting an online marketplace were protected from liability for copyright infringement under the safe harbor provision of the Digital Millennium Copyright Act and helped a healthcare client secure summary judgment of no trade secret misappropriation in a case involving wearable technology. Katie has also conducted patent analyses for a biotechnology client and supported a global technology company in defending its patents in post-grant proceedings at the U.S. Patent and Trademark Office.Prior to joining Morrison Foerster, Katie was an associate at Durie Tangri LLP, litigating patent, copyright, and trade secret cases involving technology ranging from life sciences to software. Katie also served as a law clerk to the Honorable Kara F. Stoll of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Richard G. Andrews of the U.S. District Court for the District of Delaware.Katie earned her J.D. from Stanford Law School, where she was the editor-in-chief of the Stanford Technology Law Review and worked with the Juelsgaard Intellectual Property and Innovation Clinic, where she advised clients and prepared amicus briefs in the Federal Circuit and the United States Supreme Court. During law school, Katie also served as an extern to the Honorable Richard M. Mosk of the California Court of Appeal.Katie earned her B.S. in neuroscience from Duke University. She is licensed to practice before the U.S. Patent and Trademark Office.

Katherine McNutt

Associate

Joyce Li is a trial lawyer with an emphasis on intellectual property.Her practice includes patent, copyright, and trade secret, as well as other complex commercial matters. She has experience with a wide range of technologies, from USB to microfluidics to video streaming. She is drawn to the interplay between technology, law, and people—and strives to understand each in view of the others.Prior to joining Morrison Foerster, Joyce clerked for the Honorable Richard G. Andrews in the U.S. District Court, District of Delaware.Joyce received her J.D. from the University of California, Berkeley School of Law, where she served as an editor for the California Law Review and a senior editor for the Berkeley Technology Law Journal. Joyce holds a B.S. in Biomedical Engineering from Yale.