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Palo Alto Networks Dodges $100M Cybersecurity Patent Case

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A California federal judge ruled in favor of Palo Alto Networks Inc., determining that the company did not infringe on three...

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A California federal judge ruled in favor of Palo Alto Networks Inc., determining that the company did not infringe on three cybersecurity patents held by Finjan LLC, thereby dismissing a lawsuit seeking at least $100 million. The decision concluded that the accused products did not meet the necessary patent claim elements. The case, which began in November 2014, initially involved ten patents but was narrowed down over time. Palo Alto Networks was represented by Morrison Foerster's Daralyn J. Durie, Timothy Chen Saulsbury, Matthew I. Kreeger, Kyle W.K. Mooney, Michael J. DeStefano, and Rose S. Lee.Read the <a href="https://www.law360.com/articles/2316264/palo-alto-networks-dodges-100m-cybersecurity-patent-case" target="_blank">full article</a>.

Palo Alto Networks Dodges $100M Cybersecurity Patent Case

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Daralyn Durie is among the top trial lawyers in the country, acting as go-to trial counsel for both plaintiffs and defendants. Daralyn’s exceptional track record has earned her consistent recognition from leading national publications. Chambers has listed her among the top 10 intellectual property lawyers in the U.S. and Law360 has recognized her as an “Icon of IP” and an MVP. Benchmark Litigation reported that “going against her was like going against a boxer in which you know you’re going to get hurt.” She’s a fellow in the American College of Trial Lawyers, a member of the American Board of Trial Advocates, and an inductee into the California Trial Lawyer Hall of Fame.Daralyn’s legal career began at Berkeley Law, followed by a clerkship for the Honorable Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. She became a partner at a litigation boutique in 1999 and, in 2009, co-founded Durie Tangri, a premier litigation boutique that later combined with Morrison Foerster in 2023.In addition to her courtroom successes, Daralyn is actively involved in the legal community. She is a board member of the National Women’s Law Center, a past president of the Northern California Association of Business Trial Lawyers, and served as an adjunct professor at Berkeley Law, where she taught civil trial advocacy.Life SciencesDaralyn has decades of experience in the life sciences sector. She spearheaded the enforcement of Genentech’s Cabilly family of patents, which generated billions of dollars in licensing revenue. She served as lead counsel in the Herceptin biosimilar litigation and recently achieved a plaintiff-side jury verdict of $178 million in a patent infringement case involving melanoma therapy.TechnologyIn the tech sector, Daralyn recently won defense jury verdicts for Aptiv (USB hubs), Activision (in the Eastern District of Texas), and Redbubble. She served as lead counsel for Google, defending Google Books from copyright infringement claims. Following extensive litigation on copyright and antitrust issues, Google prevailed on summary judgment, resulting in Daralyn being named an Attorney of the Year by California Lawyer magazine.

Daralyn Durie

Partner

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

Matt has over two decades of experience representing clients in intellectual property cases. He has represented numerous clients in the pharmaceutical, biotech and medical device industries, in cases involving technologies such as antibody therapeutics and diagnostics, nucleic acid testing, vaccines, and small molecules. Matt also works for clients in information technology, leveraging his software experience. In one case for a computer networking company, Matt persuaded the court to issue an early favorable claim construction for an encryption patent, resulting in summary judgment in the client’s favor. In another case involving hybridization assays, Matt was part of the trial team in a successful arbitration establishing infringement of the client’s patent. Matt is a member of MoFo’s PTAB Litigation Group, representing clients in inter partes review, post-grant review, covered business method and derivation proceedings under the America Invents Act. Matt has served as lead counsel on more than forty such proceedings. In one case for an early stage medical device client, Matt filed an inter partes review petition that persuaded the opposing party to license the patent on favorable terms. In addition, Matt has served as lead or co-lead counsel in more than twenty patent interferences, including one ground-breaking interference confirming that the client was the first to invent a test to screen for HIV antibodies used in blood banks throughout the world.Matt has more than ten years of experience as a consultant in software design and development. He has programmed in C, C++, Pascal, and assembly language, and has developed data analysis and instrument control programs for chemical instrumentation companies.

Matthew I. Kreeger

Senior Counsel

Kyle Mooney is a partner in the firm’s Intellectual Property Group, focusing on patent litigation and other intellectual property disputes, including trade secrets, copyright, and trademark disputes.Kyle represents clients in a wide variety of fields, including communications, networking, electronic trading, fiber optic components, semiconductors, LEDs, optical storage and scanning, display technologies, digital cameras, software, automotive components, and medical devices. He has litigated significant IP disputes between direct competitors, as well as patent infringement actions brought by non-practicing entities. Kyle’s IP practice has included jury trials, bench trials, ITC proceedings, PTAB proceedings, and mediations.Kyle also has substantial pro bono experience, including arguments before the Court of Appeals for the Second Circuit and New York Appellate Division in habeas and criminal appeals, and a bench trial in the Southern District of New York in a case involving the Religious Land Use and Institutionalized Persons Act.Kyle received his J.D. from New York University School of Law, where he was a staff editor for the Environmental Law Journal.

Kyle W.K. Mooney

Michael is an associate in the firm’s Intellectual Property Group in the Miami office. He focuses his practice on patent litigation and other complex intellectual property disputes, including trade secrets, copyrights, and trademarks, in federal courts and before the U.S. International Trade Commission (ITC).Michael has represented clients in intellectual property matters involving a broad range of technologies, including semiconductors, consumer electronics, fiber optics, and biotechnology. Michael has experience in all stages of litigation, including discovery, depositions, motion practice, summary judgment, jury and bench trials, and post-trial briefing.Michael received his J.D. cum laude from New York University School of Law and his B.A. magna cum laude with honors in classics from New York University. While attending law school, he was a senior editor for the Journal of Intellectual Property and Entertainment Law. Michael was a judicial intern for the Hon. Judge Paul G. Gardephe of the Southern District of New York.

Michael DeStefano

Associate

Rose Lee counsels clients on a broad range of complex disputes, with a particular focus on patent, copyright, and trade secret matters. She has litigated a wide range of high-technology cases for U.S. and non-U.S. based clients in U.S. federal courts and before the International Trade Commission. The technologies at issue in her matters have spanned areas such as computer software, video encoding, semiconductors, underwater imaging, electrostatic digital printing, and medical devices. A registered patent attorney, Rose also represents clients in adversarial proceedings before the Patent Trial and Appeal Board. Her experience includes serving as lead associate on litigation matters, drafting briefs, handling all aspects of discovery, and cross-examination.Before joining the firm, Rose served as a judicial extern to the Honorable R. Gary Klausner of the U.S. District Court for the Central District of California.Rose received her B.S. in chemical engineering, with a focus on biomedical engineering, from the University of California, Los Angeles, and her J.D. from New York University School of Law. While in law school, she was an executive articles editor for the New York University Annual Survey of American Law.Rose is admitted to practice in state and federal courts in California. She is also admitted to practice before the U.S. Patent and Trademark Office.

Rose Lee

Patent Litigation