Sharif E. Jacob has successfully tried patent, commercial, and civil rights actions. He focuses on intellectual property litigation, complex business disputes, and the representation of individuals. Mr. Jacob formerly served as an Adjunct Professor at the University of California, Hastings College of the Law.
Mr. Jacob has extensive experience with patent litigation. He represents leading firms in the video streaming, social networking, and wireless phone industries in disputes pending before the district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission, and the Patent and Trademark Office.
Mr. Jacob has repeatedly litigated actions advancing the constitutional rights of inmates. He has won judgments and appeals for prisoners locked in solitary confinement and brutalized in prison. His pro bono work led to systemic reform of California’s prison system and has been covered by the national press.
Mr. Jacob graduated first in his class from Hastings and received his undergraduate degree from Yale University. After law school, Mr. Jacob clerked for the Honorable Mary M. Schroeder of the Ninth Circuit Court of Appeals.
Cases of Note
In the Matter of Certain Point-to-Point Network Communication Devices: Straight Path filed suit at the ITC under Section 337 of the Tariff Act of 1930, accusing Toshiba, LG, Vizio, Sony, and others of importing devices that infringe three Straight Path patents covering network-communication technology. We represented Netflix, whose technology had been accused, throughout the action. Weeks before trial, Toshiba retained us to try the matter. Shortly thereafter, Straight Path abandoned the investigation by unilaterally withdrawing its complaint.
United States ex rel. Landis v. Tailwind Sports, et al.: We represent Tour de France winner Lance Armstrong in a False Claims Act case brought by a former teammate and joined in by the United States. Our prior representation of Armstrong resulted in the closing of a federal criminal investigation without charges being filed.
Netflix, Inc. v. Rovi: We defended our clients Netflix, Inc. and Roku Corporation in a U.S. International Trade Commission complaint filed by Rovi Corporation. The complaint accused our clients, along with Mitsubishi Electric Corp., LG Electronics Inc., and Vizio Inc., of infringing several patents related to interactive program guides. The complaint sought an order banning television and media-player makers from entering the U.S. By the time of the trial, the other defendants had settled and our clients faced four patents. We successfully defended our clients at trial, with the ALJ finding one of the patents invalid and none of the patents infringed, as well as no actionable importation or available remedy. The ITC confirmed there was no violation. Rovi then pursued the matter in District Court with three of the same patents used in the ITC investigation as well as two additional patents. We won summary judgment of invalidity under Alice on all five asserted patents, which the Federal Circuit affirmed summarily.
Apple Inc. v. HTC Corp: We served as lead counsel for HTC, a Taiwan-based manufacturer of handheld devices, in its battle with Apple over smartphone technology. Apple first sued HTC in district court and before the International Trade Commission (ITC), claiming our client had infringed 20 patents related to various computer-related technologies, including user interfaces, operating systems, power management, and digital signal processing. The ITC hearing that went to decision resulted in a favorable ruling, and HTC obtained a settlement to become the first Android handset maker licensed by Apple.
evYsio Medical Devices v. Advanced Cardiovascular Systems: We represented evYsio Medical Devices in asserting patents for its cardiac stent technology. Prior to jury selection, the case became part of a global settlement between Medtronic and Abbott. Our client, the inventor of several stents in the suit, received $42 million as part of the settlement.
M&H Realty Partners v. Aerojet-General Corporation: We represented M&H Realty Partners in a multi-million dollar breach of indemnification agreement and tort action against Aerojet and Boeing. The case concerned environmental contamination in Fullerton, California.
Henderson v. Petersen et al: We represented a prisoner in a civil rights suit against three correctional officers who beat him in Pelican Bay State Prison and one officer who failed to intervene to stop the beating. After the plaintiff's case survived summary judgment, the federal court asked us to step in and represent him at trial. Following a five-day trial and five hours of jury deliberation, the defendants settled the case for nearly twice the number the plaintiff presented to the jury.
Awards and Honors
- Board member, AIDS Legal Referral Panel
- Board member, First District Appellate Project
- Super Lawyers Rising Star, 2015 - 2016
- Executive production editor, Hastings Law Journal
- Order of the Coif
- Thurston Society
- Academic Excellence Scholarship
- Roger J. Traynor Student Writing Scholarship Andrew G. Pavlovsky Memorial Scholarship
Publications and Speaking Engagements
- Co-author with Andrea Nill Sanchez, "Prop 57 Fails to Address Set of Inmates," The Daily Journal, 2017
- Co-author with Andrea Nill Sanchez, "Parole Board is Behind on Base-Term Calculations," The Daily Journal, 2016
- Co-author with Asim M. Bhansali and Benedict Y. Hur, Chapter 16 of ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, 2d ed, 2016
- Presenter, "Non-Practicing Entities: What's the Big Deal?" Practising Law Institute's (PLI) 10th Annual Patent Law Institute, 2016
- Co-author, "State Antitrust Law and Intellectual Property," Chapter 12 of California Antitrust and Unfair Competition Law, Revised Edition, 2014
- Presenter, "Antitrust Issues Stemming From Abbreviated New Drug Application (ANDA) Disputes," Bloomberg, 2012
- Co-author, Chapter 13 of ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, American Bar Association, 2012
- Co-author, "Antitrust Issues that Arise in ANDA Disputes," Bloomberg BNA Pharmaceutical Law & Industry Report, 2012
- Co-author, "U.S. Supreme Court Decisions on Criminal Law and Related Topics, October 2005-2006 Term," The State of Criminal Justice, 2006, 2007
- "Deficits in Language Mediated Operations in Patients with Schizophrenia," 53(3) Schizophrenia Research, 2002