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James C. Pistorino

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Partner

James Pistorino is a partner in the firm's Patent Litigation practice. He represents corporate clients in intellectual property litigation, including patent, trademark, copyright and trade secret litigation. James has practiced before the federal district courts, the Courts of Appeal of the Federal and Fifth Circuit, and Texas and California state district courts. He has worked in a broad range of technologies, including wireless communications, email and database software, offshore platforms, biological assays, blood substitutes, genetics, chemiluminescence, ergonomic seating and semiconductor manufacturing equipment. James has also represented clients before the Patent and Trademark Office, handling patent prosecution and re-examinations.

REPRESENTATIVE MATTERS

  • AntiCancer, Inc. v Cambridge Research Instrumentation, Inc., et al. Defended Merck & Co., Inc. against charges of infringing five patents related to green florescent protein (GFP). Summary judgment of noninfringement granted.
  • Visto Corp. v. Seven Networks, Inc. (E.D. Tex. 2005-2007); Seven Networks, Inc. v. Visto Corp. (E.D. Tex. 2005-2007); Visto Corp. v. Smartner Information Systems, Ltd. (E.D. Tex. 2005-2007); Seven Networks International OY v. Visto Corp. (N.D. Cal. 2007). Defended Seven and Smartner against charges of infringement of email patents. Settled after an injunction stayed a pending appeal and reexaminations of patents were granted.
  • Sanyo Energy (USA) Corp. v. BYD Company Ltd. & BYD America Corp. Defended BYD against charges of infringement of battery patents. Settled favorably on the eve of trial after a favorable ruling on pretrial motions.
  • Housey Pharmaceuticals, Inc. v. Merck & Co., Inc., et al. Defended Merck against charges of infringement of assay patents. The patents were declared invalid and not infringed.
  • Business Objects, S.A. v. MicroStrategy, Inc. Defended MicroStrategy against charges of infringement of a relational database patent. The patent was declared not infringed.
  • Streck Laboratories v. Beckman Coulter, Inc., et al. Represented Streck in asserting blood substitute patents. Settled favorably during trial.
  • ErgoBilt, Inc. v. Neutral Posture Ergonomics, Inc. Represented Neutral Posture in asserting, inter alia, meta-tag trademark infringement and breach of contract claims. Obtained judgment of trademark infringement, breach of contract, permanent injunction and an award of attorneys' fees.
  • Westinghouse Power Generation Corp. v. Sabah Shipyard SDN BHD. Obtained garnishment of judgment on Westinghouse's behalf. The decision was affirmed on appeal.
  • Castro Cheese Company, Inc. v. Custom Food Equipment, Inc., et al. Represented Castro Cheese in a trade secret and breach of contract action. Settled favorably.
  • Ericsson Inc. v. Qualcomm Inc. Represented Ericsson in asserting cellular phone related patents. Settled favorably.

PRO BONO

  • Calcars, Inc. v. The California Cars Initiative. Defended TCCI against charges of trademark infringement. Summary judgment of noninfringement granted.
  • Mr. Pistorino participated in the Lawyers-on-Loan program with the Dallas County District Attorney's Office, in Dallas, Texas, in 2001. During this program, he prosecuted misdemeanor cases in jury and bench trials.

Professional Leadership

  • American Bar Association, Member
  • SF Bay Area IP Inns of Court, Treasurer, 2008 - 2009; Vice President, 2010 - present
  • American Intellectual Property Law Association, Member

Related Employment

  • Howrey, Palo Alto, CA, Partner

Education

  • Duke University School of Law, J.D., 1996
  • Duke University, B.S. C.S., 1993

Bar Admissions

  • California
  • Texas
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas