Internet, Technology, Intellectual Property and Licensing Disputes
- In a patent infringement case, Micah represented a top Central Valley developer and manufacturer of premium agricultural, commercial farming products against one of the largest distributor of farming products in the country that began selling virtually identical products after terminating its distribution and license agreements with the plaintiff. Micah prosecuted claims of willful patent infringement and, despite being out-spent by a factor of 10:1 against a nationally renowned IP litigation firm, obtained a highly favorable settlement for his client.
- In another patent case, Micah was part of a team of attorneys who successfully defended Amgen, Inc. in a multi-million dollar patent infringement case brought by rival Genentech, Inc. alleging that one of Amgen’s premier drugs infringed Genentech’s patents relating to DNA sequencing.
- In a groundbreaking lawsuit against Microsoft, Micah helped Blue Mountain Arts, which was one of the top Internet sites in the world distributing electronic greeting cards, win one of the few restraining orders on record against Microsoft. In response to novel claims for unfair competition and unlawful interference, the Court issued an order that prevented Microsoft from releasing a new version of Internet Explorer that interfered with Blue Mountain’s electronic greeting card business at the time Microsoft was launching its own electronic greeting card site.
- In another landmark Internet case, Micah was co-counsel for Panavision in one of the first published decisions to apply the Federal Trademark Dilution Act to prevent inappropriate “cybersquatting.” In Panavision v. Toeppen, 141 F.3d 1316 (9th Cir. 1998), the Ninth Circuit held that the Act prohibited defendant from using Panavision’s famous mark as an Internet domain name.
- Micah was lead counsel for a world-renowned cardiologist from UCLA Medical Center who invented a therapeutic compound to treat certain cardiac conditions. He assigned his intellectual property rights in that compound to a global pharmaceutical company headquartered in India to develop and market the drug. Micah’s client claimed that the company breached its obligations to bring the patented drug to the market-place. The case was subject to arbitration before the London Court of International Arbitration, and Micah’s client sought significant monetary damages and the return of his intellectual property rights. The case presented complex issues of international arbitration, choice of law and conflicts of laws analysis applying the laws of the U.S., U.K, and India, in addition to analysis of the intellectual property rights and the viability of the compound. Micah secured a seven-figure settlement and the return of his client’s intellectual property rights.
- Micah successfully defended two University of San Francisco tenured professors against claims that their leading books on management infringed copyrights owned by the plaintiff.
- Successfully defended a corporate catering company accused of misappropriation of competitor’s trade secrets.
Entertainment, Partnership and Breach of Contract Disputes
- In a 3-week jury trial in the Los Angeles Superior Court, Micah won a unanimous jury verdict on behalf of a television and movie actor who sued his entertainment business manager for breach of contract and negligent financial advice.
- In a 4-week jury trial defending a construction company against claims for breach of contract, fraud and elder abuse, Micah won unanimous defense verdicts. The jury also returned verdicts in favor of Micah’s client and awarded damages in the amount of the value of services rendered.
- Micah is currently representing a former business partner of the well-known actor Michael Douglas in prosecuting claims against the actor for breach of contract, breach of fiduciary duty and willful interference with prospective economic advantage arising out of their partnership to purchase of a film company that owned an extensive library of valuable literary rights from which to produce motion pictures.
- Micah has litigated numerous post-merger or post-acquisition disputes representing both buyers and sellers in cases alleging breach of contract, breach of representations and warranties, fraud and related claims.
- Successfully defended a director of a large private technology company against claims brought by the company’s largest investor that the director breached his fiduciary obligations to the company’s shareholders.
- Micah has also represented numerous business owners, directors, investors and partners in various dissolution or management disputes and prosecuted multiple director and/or shareholder document inspection demands.
Securities Matters
- In a widely-publicized securities fraud and breach of contract case, Micah obtained a $23 million settlement on behalf of the selling shareholders of a private technology company who sold their company to Homestore.com, Inc., a public company and the world’s leading online real estate business after discovering that Homestore.com had engaged in accounting fraud.
- Represented a V.P. of Finance of a publicly-held software company in connection with an SEC investigation looking into potential revenue recognition irregularities at the company.
- Defended a securities brokerage firm against claims brought by one the country’s largest clearing firms that one of its agents had engaged in fraudulent trades.
- Represented private venture fund in securities fraud claims against a public web-based consumer auction site and recovered its investment funds.
- Recovered $4 million for a group of senior corporate managers of a publicly traded company whose stock options were deflated following disclosures of accounting fraud and artificial valuation of stock after their company was acquired.
