Uber Technologies, the transportation network giant, recently lost a motion to dismiss a two-patent infringement suit when the Court found that Plaintiff X One, Inc.’s patent claims are directed to patentable subject matter under 35 U.S.C. § 101. The Court held that the individual claim elements are conventional, but as an ordered combination provide an inventive concept sufficient to defeat a motion to dismiss. READ MORE
Gabriel M. Ramsey, a partner in both the Silicon Valley and San Francisco offices, is a member of the Intellectual Property Group and a leader of the Cybersecurity & Data Privacy Group.
Gabe focuses his practice on intellectual property litigation and cybersecurity. He has twice been named one of the top 75 IP litigators in California by the Daily Journal and has been repeatedly recognized as an “IP Star" by Managing Intellectual Property magazine.
Gabe has substantial experience in high technology and entertainment related matters involving copyright, trademark, trade secret and patent law. He has significant experience in carrying out Internet enforcement actions and investigations involving cybercrime, trade secret misappropriation, fraud and deceptive activity, data breaches and brand violations. He has also handled many licensing matters, open source licensing disputes and general commercial disputes. He has expertise in matters involving computer software, hardware, Internet and networking technologies, videogames, cloud computing, new media and entertainment content.
Gabe has represented Microsoft Corp., Facebook, Inc., McAfee, Inc., EMC Corp., Oracle Corp., Perfect World Entertainment, Inc., NCSoft, Namco Bandai Games, NVIDIA Corp., IGN Entertainment, Inc., CNET Networks, eHarmony.com, Say Media, Audible Magic Corp., Affinity Circles, Inc., Gracenote, Inc., Fox Entertainment Group, Fox Broadcasting, Universal Studios, The Walt Disney Company, Lucasfilm, Ltd., LucasArts Entertainment Co., Digidesign and Mesa/Boogie, Ltd.
His notable representations include the following:
Intellectual Property Matters
- Audible Magic Corp. Gabe led a team that successfully defended Audible Magic in a patent infringement action brought by Blue Spike LLC, in the Eastern District of Texas. Obtained summary judgment of noninfringement for all asserted patents in Audible Magic's favor.
- EMC Corp. / RSA Security. Gabe successfully defended EMC and RSA in a patent infringement matter involving data loss prevention and email security software.
- Fox Entertainment Group and Fox Broadcasting Corp. Gabe successfully defended Fox in a patent infringement action involving forward error correction techniques allegedly used in television broadcasts.
- Oracle. Gabe is on the brief for Oracle in Oracle v. Google (Fed. Cir.), a high stakes copyright appeal involving whether Android impermissibly copies Java.
- Photobucket. Gabe successfully defended Photobucket in a patent infringement case involving online photosharing and access control technologies.
- MGA Entertainment, Inc. Gabe was part of a team defending MGA in a copyright, trade secret and contract matter involving fashion dolls.
- NVIDIA Corp. Gabe successfully defended NVIDIA in a patent infringement case involving graphics card and computer bus architectures.
- Affinity Circles, Inc. Gabe successfully represented Affinity Circles in a trade secret dispute involving social networking technology.
- eHarmony.com. Gabe represented eHarmony in a multi-defendant patent litigation involving load-balancing web and application servers.
- International Game Technology. Gabe defended IGT in a patent litigation involving digital gaming technology, which resulted in invalidation of the asserted patents on summary judgment.
- Say Media. Gabe provides intellectual property advising and counseling to this Web-based video publishing company.
- Gracenote, Inc. Gabe represented Gracenote in a patent litigation involving online music recognition technology.
- The Walt Disney Company. Gabe has advised the Walt Disney Company on copyright matters.
- Universal Studios, Lucas Digital, and Oscar-Winning Special Effects Artist Christopher Boyes. Gabe assisted these clients in the successful defense of a copyright infringement case involving the motion picture The Lost World: Jurassic Park.
- Connectix Corporation. Gabe represented Connectix in a dispute over the creation of a video game hardware emulator involving copyright, trade secret and patent claims.
- Lucasfilm, Ltd. and LucasArts Entertainment Co. Gabe represented these clients as plaintiffs in a trademark infringement action, resulting in a finding of infringement on summary judgment.
- Pioneer Corporation. Gabe represented Pioneer in an ongoing industry standard-setting process involving the adoption of a digital video copy protection solution based on DVD watermarking technology.
Internet Security, Safety And Brand Protection Matters
- Carried out action to disable 96 IP addresses and thousands of domains that controlled the million computer "Rustock" botnet, capable of sending 30-40 billion spam email messages per day. The botnet was then the single largest source of spam in the world. This action decimated this massive criminal infrastructure.
- Carried out action to disable 276 domains that controlled the 400,000 computer "Waledac" botnet capable of sending nearly 1.5 billion spam email messages per day. This action was the first civil action of its kind.
- Carried out actions to disrupt the "Zeus," "IceIX," "SpyEye" and "Citadel" financial theft botnets, which were collectively responsible for hundreds of millions of dollars of online account theft.
- Microsoft v. Sabelnikov, carried out this action to dismantle the "Kelihos" spam botnet and pursue the botnet's creators.
- Microsoft v. Yong, carried out this action to dismantle the "Nitol" botnet, which leveraged counterfeit versions of the Windows operating system to distribute the malware and was used to carry out theft of personal information.
- Microsoft v. Chupakhin, carried out this action to dismantle the "Bamital" botnet, which was engaged in online advertising "click" fraud, and pursue the botnet's creators.
Cybercrime, Fraud, Abuse
- Identified and successfully pursued participants in an international criminal organization responsible for an enormous volume of fake pharmaceutical and adult spam email.
- Identified and pursued defendant that used Internet means to misappropriate and convey confidential technical material in a trade secret and corporate espionage matter.
- Prosecuted action against parties fraudulently manipulating email spam filters and carrying out illegal automated creation of email accounts and spam email activity.
- Successfully implemented enforcement program to disrupt distribution of pirated software through offshore file-sharing sites and peer-to-peer networks.
- Investigate and pursue credit card fraud ring abusing online gaming platform.
- Investigated and initiated international civil litigation and law enforcement referrals against an "advance fee fraud ring."
- Investigated and pursued perpetrators of an online and telephonic "customer support" scam.
- Prosecuted action against website publisher and internet traffic provider in a novel Internet case related to "click fraud" and related fraudulent online advertising practices.
- Investigated and pursued party engaged in fraudulent manipulation of search engine promotional program.
- Investigated and advised regarding various malware and adware programs.
- Defending Microsoft in Holomaxx v. Microsoft, a matter involving use and implementation of spam email filters.
- Prosecuted actions against cybersquatters infringing trademarks.
- Carried out international enforcement actions against promoters and distributors of counterfeit goods, including consumer products, digital works, software and pharmaceutical products.
Posts by: Gabriel M. Ramsey
Plaintiffs in trademark cases may be tempted to file suit as early as possible to head off any potential consumer confusion. But as a recent order explains, plaintiffs need to keep in mind that the Lanham Act requires a “use in commerce” to maintain a complaint. Plaintiffs who fail to plead an adequate “use in commerce” could find themselves fighting (and losing) a motion to dismiss. READ MORE
Order Denying Finjan, Inc.’s Motion for Summary Judgment, Finjan, Inc. v. Sophos, Inc., Case No. 14-cv-1197 (Judge William Orrick)
In a battle that likely felt like déjà vu for the parties, Finjan for the second time argued its patents were valid over Sophos’s prior art because Sophos failed to produce sufficient evidence of public availability. The first time was in a 2010 Delaware action, when Finjan unsuccessfully made this same argument with respect to similar patents and similar prior art. Those patents were ultimately held invalid based on the prior art. In the present case, Sophos’s invalidity case survived yet again. But Sophos could have had a more resounding victory had it adequately disclosed all of its prior art earlier in the case. READ MORE
Order Granting Judgment on the Pleadings, Whitepages, Inc. v. Isaacs, et al., Case No. 16-cv-00175-RS (Judge Richard Seeborg)
Litigants continue to use Alice and its progeny to cull the ranks of patents asserted in the Northern District. In Whitepages v. Isaacs, Judge Seeborg considered a patent that purported to bring caller ID to mobile phones and the internet. His opinion holding the patent invalid mentions factors that are becoming familiar hallmarks of patents vulnerable to § 101 challenges: reciting longstanding business practices, invoking industry-standard technology, and requiring no more than generic use of computers. READ MORE