David Rosen represents clients in a range of complex civil litigation matters, including intellectual property, antitrust, and breach of contract cases. Prior to joining Keker, Van Nest & Peters in Fall 2014, he clerked for the Honorable Raymond T. Chen on the United States Court of Appeals for the Federal Circuit. Before attending law school, Mr. Rosen worked for nearly 10 years designing, programming, and managing student information systems.
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 (MLB), 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. The plaintiff previously won a $28 million jury verdict against AT&T on related audio and video streaming patents in the Eastern District of Texas.
The Federal Circuit on Friday declined to rehear claims by Two-Way Media Ltd. over four invalidated streaming media patents that the patent holding company alleged Comcast and Verizon infringed, finding that en banc review is not warranted. 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
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
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
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
TiVo’s “TV Guide” patents are DOA at appeals court. Read more
John Keker and Adam Lauridsen protect Major League Baseball from a putative class action. Read more