Adam Alper is a member of Kirkland & Ellis' intellectual property litigation group in Kirkland's San Francisco office, with a primary focus on patent disputes. In particular, Adam has significant experience representing clients in high-stakes patent litigation involving major entities in the semiconductor, telecommunications, computer hardware and pharmaceutical industries. Adam also has significant experience with trade secret disputes in high-tech industries. He has also litigated copyright issues, primarily for architectural clients.

REPRESENTATIVE MATTERS

• Led defense for Energy Labs Inc. in a jury trial against Nortek Air Solutions in which the jury’s verdict was a complete victory for Kirkland’s client, finding no infringement of any of the asserted claims from six different patents and a majority of asserted claims invalid. This was a bet-the-company litigation against a much larger competitor who sought an injunction against Energy Labs. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

• Defense jury trial victory for major national cable operator in patent case brought by a patent holding company in the Eastern District of Texas. Represented other major national cable operators in follow-on case brought by same plaintiff which settled after trial victory. Plaintiff alleged infringement by certain standards-certified (DOCSIS) cable modems.

• Defended world's leading supplier of Internet routing and switching products against patent infringement charges in the Eastern District of Texas. Obtained certain favorable rulings from the Court and developed counterclaims for damages against plaintiff, a patent holding company. Matter settled shortly before trial, after the Court denied plaintiff's motion to dismiss our client's counterclaims and while plaintiff's motion to delay its own trial date was pending.

• Lead counsel for global Internet company in a multipatent litigation brought in the District of Maryland involving 13 major Internet, technology and telecommunications companies named as defendants. Argued key constructions at claim construction hearing, and won every claim term argued, leading to summary judgment of non-infringement on all asserted claims.

• Represented plaintiff in patent infringement action brought in Eastern District of Texas involving LCD technology. Defendant stipulated to infringement after Markman order issued.

• Lead counsel for leading electronic design automation tools supplier in patent action brought by patent holding company in Eastern District of Texas. Obtained early dismissal of case from Eastern District of Texas; won summary judgment disposing of case in corresponding declaratory judgment action pending in Northern District of California.

• Lead counsel for major Silicon Valley Internet company in defense of trade secret action involving Internet billing technology. After successful motions led to limiting of plaintiff's alleged trade secrets, matter settled on confidential terms.

• Defended consumer products company in patent dispute involving children's sippy cups. Responsible for Markman proceedings, including briefing and expert reports. Court invalidated asserted patent on Markman for indefiniteness. Federal Circuit reversed on indefiniteness issue but remaining claim construction resulted in summary judgment of non-infringement.