David J. Rosen

We defended Arista Networks in this groundbreaking case which raised the important question of whether and to what extent functional computer commands merit copyright protection. Cisco accused Arista, run by a former Cisco vice president, of copyright infringement for the use of more than 500 commands used to configure network switches. Cisco also accused Arista of infringing two patents, one of which it dismissed before trial. After a two-week trial, the jury returned a verdict in our client’s favor on both the copyright and patent claims.

We successfully defended Major League Baseball, its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.

Zond had threatened to sue Taiwan Semiconductor Manufacturing Company (TSMC) for patent infringement on six patents in Massachusetts. On behalf of TSMC, we filed a declaratory-judgment action in Delaware and successfully moved the court to order Zond not to pursue parallel litigation in Massachusetts. In tandem with institution of IPRs on several of Zond’s patents, we negotiated a settlement with Zond for a fraction of other settlements.

We successfully defended Comcast against patent infringement claims brought by Two-Way Media related to multicasting and real-time streaming. We secured a judgment of invalidity under § 101 for subject-matter ineligibility. The Federal Circuit affirmed, and the Supreme Court recently denied cert, thus ending the case with a complete defense win.