Paven Malhotra litigates high-stakes business and intellectual property disputes on behalf of clients ranging from Fortune 100 companies to Silicon Valley startups. He also maintains an active pro bono practice
IP Litigation for Leading Technology Companies
Mr. Malhotra litigates intellectual property cases in federal and state courts throughout the United States, including the International Trade Commission. He has litigated complex patent disputes for Comcast, Intel, HTC, and TSMC, and helped win the largest trade secrets dispute in California history, which resulted in a nine-figure recovery for his client after a ten-week jury trial.
Complex Commercial & Regulatory Litigation
Mr. Malhotra also handles numerous complex commercial and regulatory disputes. He is currently defending Standard & Poor’s in a multi-billion dollar lawsuit brought by the United States for credit ratings issued during the financial crisis. He has also represented law firms in malpractice disputes, executives in criminal actions, and numerous companies in contract and business disputes.
3D Printing Law
As part of his intellectual property practice, Mr. Malhotra has been at the forefront of cutting-edge technology disputes concerning 3D printing. He has emerged as a leading commentator and sought-after expert on the emerging intellectual property disputes facing 3D printing manufacturers, file-sharing websites, and other participants in the rapidly developing field of 3D printing.
Bowe v. Public Storage
We defended the United States’ largest self-storage operator, Public Storage, from a consumer class action lawsuit. The plaintiff alleged our client deceived customers who bought tenant insurance policies. The plaintiff claimed Public Storage sold tenant insurance to him and other storage consumers without properly disclosing that the company retains a “substantial portion” of the premiums. The suit claimed that the insurance program offered by Public Storage was “a hidden profit center for itself that kicks back unconscionable profits at the expense of consumers.” The suit, filed in Miami federal court, sought restitution for all of the insurance premiums paid to Public Storage by its customers over the past four years. Within three months of being retained, and just seven months before trial, we prevailed on a Summary Judgment Motion which dismissed the class’ RICO claim. The matter settled favorably two days before trial.
United States v. McGraw-Hill Companies, Inc., et al.
As lead counsel for McGraw Hill and its Standard and Poor’s division, we defended our client from the government’s suit which sought at least $5 billion in penalties under the Financial Institutions Reform, Recovery and Enforcement Act. The government accused S&P of fraud in its rating of hundreds of residential mortgage backed securities (RMBS) and collateralized debt obligations (CDOs) in the years leading up to the financial crisis in 2008. McGraw Hill ultimately settled with the government, and more than 20 states that made similar claims under state laws.
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.
Eastman Kodak Co. v. HTC Corp.
We defended HTC in a five-patent investigation brought by Kodak before the International Trade Commission. The action accused dozens of mobile devices of infringing digital imaging patents that covered a range of technologies, including image capture, processing, display, compression and transmission. Consistent with ITC practice, our defense took place on a fast schedule, with a hearing date that was set approximately one year from the start of the investigation and fact discovery being completed in approximately six months. Just prior to the scheduled hearing date, the case was resolved when the Kodak patent portfolio was sold.
Comcast Cable Communications, LLC et al. v. BT Americas et al.
We represented Comcast in asserting multiple patents against BT in the Northern District of Texas. The patents at issue covered multiple networking technologies, including congestion management, routing, policy management, security, and audio/video conferencing. Through a successful summary judgment and stipulated dismissals, we reached a very favorable resolution.
Taiwan Semiconductor Manufacturing Company v. Semiconductor Manufacturing International Corporation
We represented TSMC against China's then-leading semiconductor manufacturer, SMIC, in the largest trade secret misuse case tried to date. SMIC owed its very existence to technology stolen from our client. Following a jury verdict on liability in favor of TSMC, SMIC agreed to pay $200 million in cash and approximately $130 million of its company stock. The case serves as precedent for the strong protection afforded by California's trade secret statute, even where the actual theft occurred in Asia.
Discover v. Visa USA, Inc.
We defended Visa USA, Inc. in one of the largest private civil antitrust matters in U.S. history. Discover sued MasterCard and Visa for alleged antitrust violations, claiming that credit card network rules affected member banks’ ability to issue American Express and Discover cards. The case settled on the eve of trial for billions less than Discover claimed. We also defended Visa in a similar action brought by American Express.
Plaintiff v. Sheriff's Department
We represented an individual in his excessive force claim against a Sherriff's department. The case was settled on terms favorable to our client.
State of California v. California First Amendment Coalition
We sought to enforce the media's first amendment rights in response to a broad gag order. The case, which involved cutting-edge constitutional issues, stemmed from the 2009 Bay Area Rapid Transit Police shooting of Oscar Grant.
June 19, 2017
Facebook Inc. asked a California federal judge on Monday to toss a putative class action alleging the company misled advertisers with false consumer viewing metrics. Read more
Paven Malhotra spoke to Healthcare Risk Management about the potential liability of using 3D printing to create models and even surgical devices that are otherwise unavailable. Read more
Paven Malhotra discusses how inventors and businesses must think of IP from an offensive and defensive perspective. Read more
Paven Malhotra speaks to Computer World about the dramatic increase in litigation the 3D printing world will face. Read more
3D printing means a new crop of lawsuits and deals to regulate intellectual property. Keker & Van Nest IP partner Paven Malhotra says that technology making it easier than ever to copy products is already giving rise to a new set of legal issues. Read more
Paven Malhotra will present at the New Strategies, Materials and Applications for 3D Printing conference. Read more
One name mentioned by virtually everyone the Daily Journal spoke to was Keker & Van Nest. Lawyers at some of the best firms in California said they model themselves after the litigation powerhouse. Read more
The Federal Circuit declined to review a ruling in a semiconductor patent dispute that found infringement suits must be thrown out when the co-owner of a patent decides not to participate. Read more
Paven Malhotra speaks to Forbes about how the Digital Millennium Copyright Act (DMCA) may be applied in the world of 3D printing. Read more
June 10-12, 2014
Paven Malhotra will present at the 2014 RAPID Conference, which covers the latest developments, trends and techniques specific to additive manufacturing, rapid technologies, 3D printing and 3D scanning Read more
The Federal Circuit day affirmed a district court's dismissal of a suit brought by the University of New Mexico's patent arm alleging Intel Corp. infringed a patent for lithographic methods used in semiconductor manufacturing Read more
Paven Malhotra speaks to CIO Magazine about how 3D technology may be a problem for intellectual property owners because of the ease of copying products or designs. Read more
Paven Malhotra examines the implications 3-D printing holds for intellectual property rights. Read more
Paven Malhotra comments on the legal implications of 3D printing technology. Read more
Paven Malhotra discusses the potential intellectual property litigation which may arise from 3D printing. Read more
New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships. Read more
The firm defends the scion of a legendary California agribusiness family from accusations of racketeering, price-fixing, honest services fraud and obstruction of justice. Read more
Keker & Van Nest represented Taiwan Semiconductor Manufacturing Company (TSMC) Read more
June 02, 2009
Mr. Malhotra worked with the The California First Amendment Coalition to fight the gag order in the highly publicized prosecution of a former BART police officer charged with murder for the shooting death of Oscar Grant III. Read more
- "The Great Scrape: How Website Owners and Data Scrapers Can Avoid Litigation," Legaltech News, 2017
- "What Courts Have Said About the Legality of Data Scraping," Legaltech News, 2017
- "How the 3D Design Community Can Better Protect Its Intellectual Property," 3D Print, 2017
- “How Big Data and IP Intersect,” The American Lawyer, 2016
- "Copying in the Digital Age: Intellectual Property Rights and Additive Manufacturing," RAPID Conference, 2015
- "Intellectual Property Concerns in 3D Printing," New Strategies, Materials and Applications for 3D Printing section of the ATX expo, 2014
- "Trendy 3-D Printing Sure To Produce More IP Fights," The Recorder, 2014
- "3D Printing's Main Legal Battles Will Be Over Intellectual Property," JD Supra, 2013
- "Legal World Braces for 3D Printing Revolution," Daily Journal, 2013
- "Growing Need Exists for South Asian Judges," Daily Journal, 2011