Consumer & Class Actions,
Contract & Commercial,
White Collar Criminal
David Silbert has won or favorably resolved cases in state and federal courts across the country. Mr. Silbert has successfully represented plaintiffs and defendants in patent cases involving cable television, semiconductors, medical devices, recombinant DNA, and numerous other technologies. He has defended several national law firms and their partners against claims of malpractice, and represented individuals in government and internal investigations.
We represent Oregon State University in a lawsuit against the Pac-12 Conference to determine control of the Pac-12, in the wake of the announced departures of 10 Conference members. We achieved a temporary restraining order that prevents the 10 departing Conference members from wrongfully seizing control of the Pac-12.
We defended Comcast Cable Communications, LLC as part of a large joint-defense group handling patent infringement claims related to video-on-demand services. The plaintiff, Acacia Media Technology, sought hundreds of millions in royalties from more than 40 cable TV, satellite TV, and Internet streaming companies, alleging its patents covered virtually all transmission of compressed digital video or audio files. After extensive claim-construction proceedings, U.S. District Judge James Ware held that the patents were invalid and granted summary judgment for our client and the other defendants. The U.S. Circuit Court of Appeals for the Federal Circuit affirmed that judgment.
We won summary judgment dismissing Sunnyvale-based Finisar Corporation’s patent infringement claim against Comcast Cable Communications, LLC. We first convinced U.S. District Court Judge William Alsup to cut potential damages from $590 million to $140 million, and later to invalidate the data transmission patent at issue. Finisar appealed, however the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s ruling.
We won a complete victory in a multi-million dollar contract dispute involving information-technology services.
We represented Univision, the country's leading Spanish language television network, in a breach of contract jury trial. Televisa, a Mexican multimedia conglomerate which supplied Univision with its most popular Spanish language programs, attempted to terminate a long-term exclusive licensing agreement and sought more than $100 million in damages. The case was settled during trial on favorable terms. We also represented Univision in a bench trial which sought declaratory judgment to prevent Televisa from broadcasting over the Internet the same highly popular programs that it exclusively licensed to Univision. We won a complete victory at trial.
We won a complete defense judgment in favor of McKesson after a month-long trial of a qui tam action alleging violations of the False Claims Act and Anti-Kickback Statue. The trial victory allowed McKesson to avoid paying nearly $1 billion in fines, and to avoid the collateral penalties that government agencies can impose on companies found to have paid illegal kickbacks. The Justice Department’s complaint charged McKesson with paying kickbacks to a nursing home operator in the form of underpriced services, and with submitting “legally false claims” to the government. After we had the whistleblower dismissed, a key victory, we then won dismissal of related claims that the nursing home’s supplier subsidiary failed to comply with Medicare supplier standards. With the case’s scope significantly narrowed, we lead our client through a bench trial which featured 24 witnesses, hundreds of exhibits and post-trial briefing. The judge ruled in our client’s favor, vindicating McKesson and its employees. This victory was listed by the National Law Journal as one of the year's five most significant trial wins.
We successfully represented the Major League Baseball Players Association in its high-profile battle with the U.S. government. In August 2009, an en banc panel of the U.S. Circuit Court of Appeal for the Ninth Circuit ruled that federal investigators unlawfully seized drug-testing records of more than 100 athletes. In September 2010, the court issued a revised opinion that upheld its ruling.
By winning a defense verdict in this federal jury trial, we protected Twitter Inc. from a patent infringement suit and $40 million damages claim. Virginia-based VS Technologies had obtained a patent for “an interactive virtual community of famous people,” and sued Twitter over its virtual community technology. During the six-day trial, we argued that Twitter's Browse Interests feature did not infringe the terms of the patent and that in fact, the patent was invalid. The jury agreed, and found Twitter not liable for patent infringement.
We served as lead counsel for Relator Robert Baker in a qui tam False Claims Act case against Community Health Systems. This case alleged the defendants manipulated the Medicaid funding program by a scheme which resulted in the illegal receipt of federally funded Medicaid payments. Our client sought the maximum amount allowed to a qui tam plaintiff and the United States sought to recover damages and civil penalties from the defendants, arising from false and/or fraudulent statements, records, and claims of FCA violations. Community Health Systems eventually agreed to end the litigation with a settlement of $75 million.
We represented LinkedIn in a patent-infringement suit filed by Bascom Research. We obtained a stay of discovery pending the Supreme Court’s decision in Alice, then won summary judgment invalidating all asserted claims. The victory was chosen by The Daily Journal as one of the year's "Top Defense Verdicts."
We represented Twitter in a patent-infringement suit brought by Summit 6 LLC. In prior cases in the same court, Summit 6 had obtained large settlements and won an $18 million judgment against Samsung. Before the close of discovery, we secured a walk-away settlement for Twitter, with Twitter paying nothing.
We defended LinkedIn against a nationwide putative class action alleging fraud, unfair competition, false advertising, and other claims arising from allegedly invalid activity on LinkedIn’s ad platform. We won a motion to dismiss the case with prejudice, where the court found that the plaintiffs had failed to plead any viable theory.
Representing Oregon State University, a Keker, Van Nest & Peters team secured a temporary restraining order blocking the Pac-12 Conference from holding an unauthorized September 13 board meeting. Read more
The Am Law Litigation Daily has named a team from Keker, Van Nest & Peters among its Litigators of the Week Runners-Up for winning a temporary restraining order that blocks the Pac-12 Conference from holding an unauthorized September 13 board meeting. Read more
Litigators at Keker, Van Nest & Peters land runners-up honors in the case they’re handling for the PGA Tour involving antitrust claims brought by suspended golfers who have joined the professional golf tour’s upstart rivals at the LIV Golf Invitational Series. Read more
A federal judge in California ruled Tuesday that three golfers who joined Saudi-backed LIV Golf will not be able to compete in the PGA Tour’s postseason. Read more
Eleven lawyers from two Keker, Van Nest & Peters trial teams representing Google and Arista received California Lawyer of the Year awards from the Daily Journal for intellectual property trial wins. Read more
Bob Van Nest led two Keker, Van Nest & Peters trial teams on behalf of clients Google and Arista, respectively, that were recognized as top defense verdicts in California. Read more
The defense verdict KVP obtained at trial for Arista against Cisco’s copyright and patent claims earned the firm second place as the Top Defense Verdict of 2016 Read more
Trial wins for Google and Arista in high stakes patent and copyright cases led to Keker & Van Nest being named IP Group of the Year by Law360. Read more
After a two-week trial, a San Jose jury has cleared Arista Networks of allegations that it infringed copyrights and patents belonging to Cisco Systems. Read more
Bob Van Nest, Christa Anderson, Ashok Ramani and David Silbert were chosen for their groundbreaking work on behalf of established tech titans and cutting-edge Bay Area startups. Read more
Bob Van Nest, David Silbert, Dan Jackson, and Michelle Ybarra used a 2014 U.S. Supreme Court decision to prove that patents in lawsuits against Facebook Inc. and LinkedIn Corp. were invalid based on subject matter ineligibility. Read more
David Silbert will present at the IP Value Summit. Read more
Elliot Peters and David Silbert protect Genentech from a False Claims Act lawsuit in Massachusetts federal court. Read more
KVN represented whistleblower Robert C. Baker, who alleged Tennessee-based CHS violated the False Claims Act by presenting fraudulent claims for federal matching Medicaid funds. Read more
David Silbert and his team score a win for LinkedIn. Read more
The U.S. International Trade Commission affirmed an ITC judge's ruling that Keker & Van Nest's client Netflix Inc.'s streaming software didn't infringe digital entertainment technology company Rovi Corp.'s patented parental control and program guide technology. Read more
Jeff Chanin and David Silbert overcame tough odds and high financial stakes to prove their client was innocent of kickback charges. Read more
The multi-patent case involved novel arguments which tested the ITC's definition of “unfair foreign competition.” Read more
The firm receives top rankings for bet-the-company, intellectual property, criminal defense, securities, commercial, legal malpractice, and appellate litigation. Read more
Elliot Peters and David Silbert win a defense verdict from a federal jury in Virginia. Read more
Keker & Van Nest partners were recognized in more than ten categories, including bet-the-company litigation, criminal defense, and intellectual property litigation. Read more
The Daily Journal names Keker & Van Nest partners Robert Van Nest and David Silbert to its list of Top 75 intellectual property litigators in California. Read more
A federal judge ruled in favor of Comcast Cable Communications Corp. in a patent infringement suit filed by Finisar Corp. Read more
"The State of IP Across Industry Verticals," IP Value Summit, 2015