Denise Mingrone

Senior Counsel

Silicon Valley


Read full biography at www.orrick.com

Experienced litigator Denise Mingrone enforces and protect clients’ technology rights. She approaches each challenge on multiple fronts so as to achieve success whether it be in or out of court.

No stranger to the courtroom and having handled complex litigations for technology giants including Synopsys, Brocade, Applied Materials and Oracle, Denise seamlessly and efficiently manages large teams to secure victory. Clients appreciate her transparent collaboration and instinct for developing a strategy that ensures the right evidence is presented in the best manner.

The jury verdict Denise’s team obtained in the Netgear v. Ruckus Wireless patent trial, for example, surprised most because the team took over the case just weeks before jury selection, earning the number one place on that week’s “Top Jury Verdicts.” Prior to the Ruckus trial, Denise’s team similarly received accolades as “Top Verdict of the Year” for its jury win on behalf of Brocade against A10 Networks involving patent and copyright infringement. These victories were preceded by a trade secret win for MGA in the “Barbie v. Bratz” epic battle against Mattel, which earned Denise the “California Lawyer of the Year” award for her contributions.

In addition, Ms. Mingrone has led numerous software piracy matters, obtaining full relief whether through negotiation or litigation. Her work in this area encompasses both confidential as well as public investigations, all designed to ensure clients secure the protection of their intellectual property rights and receive appropriate relief when those rights are infringed.

As a former law clerk to several federal judges, Denise appreciates that cases do not turn on facts alone. She has waged and won numerous courtroom battles both obtaining and defending pre-trial injunction motions. As one opponent noted, “She’s a fierce advocate who will go to the mat for her client’s position.”

Posts by: Denise M. Mingrone

EU Study: Trade Secrets Top Patents in European Union

Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets (see our coverage of both USPTO symposia here and here) against the backdrop of a new federal law, the EU’s IP office is also stepping up its focus on trade secrets following the EU Trade Secrets Directive in 2016 (our coverage here).  READ MORE

Wake Forest Leaks Scandal May Offer “Playbook” For Businesses Seeking Trade Secret Protection

After a long political season that took many twists and turns due in part to revelations from WikiLeaks, the holiday season finally arrived. For many, that meant family traditions, time away from work, and massive amounts of college football, thanks to the current litany of televised bowl games.

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Password Sharing Is Not a Crime, Ninth Circuit Reassures in Denial of Nosal’s Request for Rehearing

Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016, when a Ninth Circuit panel clarified that the Computer Fraud and Abuse Act (CFAA) does not criminalize innocent password sharing, in a published opinion denying Nosal’s request for a rehearing en banc. READ MORE

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain information.” The bill has 36 co-sponsors, all of whom, like Hill, are Republican.  READ MORE

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco.  So we figured it may be a good time to review both sides’ arguments related to the Computer Fraud and Abuse Act. After doing so, it seems to us that one topic not given any consideration in the briefs, but that may play a role during oral argument is the phenomenon known as phishing schemes, and how such schemes might be compared and contrasted with the scheme alleged in this case. READ MORE

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other information related to unreleased products, and to commit criminal copyright infringement.  According to the Government’s Sentencing Memorandum, David Pokora of Ontario, sentenced last Thursday was “a leading member in an international computer hacking ring . . . that committed numerous unlawful intrusions into the computer networks of various technology companies involved in the $22 billion-dollar video gaming industry.”  The conspiracy’s victims included Microsoft, Epic Games (which develops the highly popular “Gears of War” series), and Activision Blizzard (which published, among many other successful games, “Call of Duty: Modern Warfare 3”). READ MORE

New CA Law Gives Refineries Broad Authority to Designate Maintenance Records Trade Secrets

Ah, what would corporations give to be able to have trade secret protections for their information simply by declaring it a trade secret? For oil refineries in California, that dream may now be a reality.

On September 20, 2014, Governor Brown signed Senate Bill 1300 into law. The bill requires oil refineries in California to report information about all scheduled shutdowns and other maintenance for the upcoming calendar year to the Division of Occupational Safety and Health by September 15 of each year. The bill also expands the definition of trade secrets as it applies to oil refineries and permits oil refineries to identify as trade secrets “all or a portion of the information submitted” under the bill if they believe that the information “may involve the release of a trade secret.”
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The Intriguing World of Formula One Trade Secrets: Mercedes F1 Team, Pirelli Summoned by FIA Tribunal Over Secret Tire Testing

128px-2012_Italian_GP_-_MechanicOn June 20, 2013, Formula One’s internal judicial system will convene in Paris to decide whether Mercedes and Pirelli violated the racing body’s governing agreements by conducting secretive tire testing last month. Mercedes and Pirelli claim the safety-related tests were authorized by the contract establishing Pirelli as Formula One’s exclusive tire supplier, but Mercedes’ F1 rivals claim the tests provided Mercedes with an unfair competitive advantage. This case provides some insight into the development and importance of trade secrets in an industry where fierce competition, rapidly-changing technology, and billions at stake make trade secret protection vital but often difficult.

Despite F1 teams’ shared interests in controlling costs, maximizing revenue, and promoting a common culture, Formula One is composed of a group of competing businesses out to win races, sponsorships, and prize money. So it’s no surprise that many teams push the envelope of what is permissible under Formula One’s governing documents in pursuit of speed, cash, and glory. As Le Mans legend Carroll Smith famously stated: “In any given racing series I will not start the cheating. If someone else starts it, I will appeal to them and to the officials to stop it. If my efforts do not succeed, then I’ll show them how it is done.” READ MORE