Managing Partner

Christopher Kao Download V-Card >

Office Administrator

Shellena L. Bergen Download V-Card >

Address

3150 Porter Drive
Palo Alto, California
94304-1212
PHONE: 650.838.4300 FAX: 650.838.4350 Map & Directions

Palo Alto 

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Experience

Represented Scene 7 Inc. in its acquisition by Adobe Inc.

Represented CollabNet Inc. in its acquisition of the SourceForge Enterprise Edition software product from VA Software Inc.

Represented Fonality in its acquisition of Australian company, Insightful Solutions Pty Ltd.

Represented General Interface Inc. in its acquisition by TIBCO Software Inc.

Represented Manalytics Inc. in its acquisition by TranSystems Inc.

Represented Digital Rights Agency in its acquisition by Digital Music Group Inc. 

Represented Scene7 Inc. in its acquisition of FurnitureFind Inc.

Represented Intuit Inc. in its acquisition of Hutchison Avenue Software Company.

Represented Syntel Inc. in its acquisition of Metier Inc.

Represented Pointcross Inc. in its acquisition of PharmQuest Inc.

Represented Insurance Auto Auctions Corporation in its acquisition of Sadisco Carolina Inc.

Represented Timely Medical Innovations LLC in its acquisition of Timely Medical Innovations, Ltd.

U.S. Department of Justice

Represented wireless-LAN device manufacturer in acquisition clearance analysis and Hart-Scott-Rodino filing. Early termination of HSR waiting period granted.

Represented Northwest Capital Corporation in its acquisition of Wien Air Alaska Inc.

Superior Court of California, County of Los Angeles

Counsel for BCI in multiple actions concerning oil and gas leases encumbering property in the Los Angeles area. Obtained directed verdict in favor of BCI at trial; affirmed on appeal.

Patent prosecution, strategic IP counseling, and third party patent analyses and opinions relating to tomographic medical imaging systems.

Represented Advent Software Inc. in $41 million IPO.

Represented Alantec Corporation in connection with merger with Fore Systems.

Represented Alta Partners and Atlas Ventures in bridge and Series C Preferred Stock financings of Xcelerated Networks.

Represented Amkor in connection with acquisition of assets of Citizen Watch. Represented Amkor in connection with acquisition of Korean manufacturing operations from Anam Semiconductor. Represented Amkor in connection with joint venture with Toshiba.

Represented Amkor Technology Inc. in connection with $450 million initial public offering of common stock and convertible debt. Public company representation from 1998 through 2003.

Represented Arasor International in its acquisition of Verillon Holdings, pty.

Represented Arasor International in its acquisition of Alfalight Inc.

Represented Assured Access in connection with merger with Alcatel SA.

U.S. District Court for the District of Alaska

Counsel for CenturyTel in litigation concerning the sale of Alascom Inc. to AT&T and related environmental issues.

Represented Avexus Inc. in Series A, Series B and Series C financings with SteelPoint Capital, Wall Street Technology Partners, Red Rock Ventures, Centre Palisades Ventures and QTV Capital as investors.

Represented Brocade Communications (NASDAQ: BRCD) in connection with its strategic investment in Optical Networks' Series G Preferred Stock financing led by Spinnaker Crossover Partners and Integral Capital Partners.

Represented CAI International in connection with the repurchase of 50% of the voting stock of CAI from Interpool Inc.

Represented CAI in its Initial Public Offering.

Represented Hambrecht & Quist in connection with its private placement of Series B Preferred Stock for Carparts.com.

Represented CBT Group in $92 million public offering.

Represented CBT Group in connection with $36 million IPO.

Represented Celetronix International in sale to Jabil Circuit Inc.

Represented Celetronix in connection with sale to Jabil Circuit Inc.

Represented Celetronix in connection with Series A financing.

Represented Coherent in acquisition of laser equipment company.

Represented craigslist Inc. in connection with eBay's purchase of a 25% minority interest from a stockholder of craigslist.

U.S. District Court for the Northern District of California

Counsel for craigslist in a declaratory judgment action relating to Internet database patents.  Obtained summary judgment invalidating all four patents asserted against craigslist.

Represented Credit Suisse First Boston in $69 million IPO of Wireless Facilities Inc.

Represented Delafield Hambrecht in connection with $10 million financing with Response Biomedical.

U.S. District Court for the Northern District of California

Counsel for BAE Systems in a patent infringement action relating to synthetic materials used for ballistic protection.

Represented DSP Group (NASDAQ: DSPG) in its asset purchase of Teleman Multimedia.

Represented Dynavax Technologies in its Series E Preferred Stock financing led by Sanderling Venture Partners and Care Capital.

Represented Dynavax Technologies (NASDAQ: DVAX) in its cash-for-stock acquisition of biopharmaceutical and vaccine manufacturer Rhein Biotech (Germany) from Crucell (Euronext, NASDAQ: CRXL).

Represented Dynavax Technologies (NASDAQ: DVAX) in its initial public and follow-on offerings led by Bear Stearns.

Represented Edgeio in its seed-round financing and Series A Preferred Stock financing led by Intel Capital and Transcosmos Investments.

Represented EscapeHomes in a Series B financing.

Represented Nextel Communications (NASDAQ: NXTL) in connection with its strategic investment in Flarion Technologies' Series B Preferred Stock.

Represented Global Factory.net in its Series B Preferred Stock financing led by Evergreen Partners, Apax Partners and Defta Partners.

Inter partes reexamination of patents on software technologies.

Represented Granite Systems in connection with sale to Cisco Systems Inc..

Represented Hambrecht & Quist in connection with initial public offering of ECTel.

U.S. District Court for the Western District of Texas

Successfully defeated a motion to dismiss on behalf of a pharmaceutical company against a competitor that falsely advertised allegedly "generic" versions of the client’s prescription dermatological wash.  2005 WL 356839 (W.D. Tex. 2005)

Inter partes reexamination of patents on wireless telecommunications technologies.

Managed a major re-brand for an international communication network company, involving domestic and international clearance, selection of a new corporate name, mark and logo, and trademark filings. Facilitated associated international trademark registration strategy and filings.

Represented Ingrian Networks in Series B, Series C and Series D financings, with Menlo Ventures, Prism Ventures, Partech Ventures and JAFCO America, as investors.

Represented CAI International Inc. in its initial public offering and listing on the New York Stock Exchange.

Patent portfolio analysis, patent due diligence, patent prosecution, third party patent analyses and opinions, and offensive infringement analyses, in numerous technology areas, including wireless communications, microprocessor design and functionality, circuit design, semiconductor device fabrication and software.

Represented Intersymbol in connection with sale to Kodeos Communications Inc.

Represented InterWest Partners as lead investor in its Series C Preferred Stock financing of Engineered Intelligence.

Represented JDS Uniphase (NASDAQ: JDSU) in its cash acquisition of Lightwave Electronics by way of merger.

Represented JDS Uniphase (NASDAQ: JDSU) in its acquisition of Acterna in a cash and stock merger using a Section 3(a)(10) California fairness hearing process.

Represented Juniper in connection with initial public offering, secondary offering and convertible debt offering.

Pro bono representation of Kiwanja, a non-profit that provides communication services in third world countries.

U.S. District Court for the Western District of North Carolina

Counsel for QuinStreet in a patent infringement action relating to mortgage lender database technology.

Represented LSO in connection with initial public offering.

Represented Lightbit in connection with acquisition of Clerios Inc.

Represented LSI Logic in $164 million public offering.

Represented LSI Logic in $125 million Convertible Notes offering.

Represented LSI Logic in $256 million public offering.

Represented Market Wire Inc. in Series C and Series D financings.

Represented MarketWatch.com (NASDAQ: MKTW) in its acquisition of Pinnacor (NASDAQ: PCOR) in a cash election merger using a reverse double dummy structure.

Superior Court of California, County of Los Angeles

Counsel for Longs Drugs Stores in consumer class action concerning the collection of taxes on certain medical products.

Represented McGrath RentCorp (NASDAQ: MGRC) in its asset acquisition of TRS, a division of CIT (NASDAQ: CIT).

Represented Red Swoosh Inc. in its merger with Akamai Technologies Inc. (Nasdaq: AKAM).

Represented M.I. Secure Inc. in its merger with Cisco Systems Inc. (NASDQ: CSCO)

Represented Sertanty Inc. in its merger with Eidogen Inc.

Represented Anzus Inc. in its merger with Rockwell Collins Inc. (NYSE: COL)

Represented Travelpost.com Inc. in its merger with SideStep Inc.

Represented EscapeHomes Inc. in its merger with TotalMove Inc.

U.S. Patent and Trademark Office, Trademark Trial and Appeal Board

Counsel for Mi Pueblo Food Center in trademark cancellation proceeding regarding the “Mi Pueblo” mark.

Represented (TSX: MT) on U.S. matters in its cash acquisition of nVision by way of stock purchase.

Represented Mobilygen in its asset acquisition of MiraWave.

Represented Mobilygen in its Series A Preferred Stock financing.

Represented Pioneer Hi-Bred in a patent case relating to genetically modified corn seed.

Represented Montgomery Securities in $25 million of Computer Motion.

Patent prosecution, strategic IP counseling and third party patent analyses and opinions relating to network storage systems (e.g., Network Attached Storage {NAS}, Storage Area Network {SAN}) and related storage management technologies.

Represented NetIQ (NASDAQ: NTIQ) in its merger of equals with Mission Critical Software (NASDAQ: MCSW).

Represented NetIQ (NASDAQ: NTIQ) in its initial public offering led by CS First Boston.

Represented NetManage Inc. in its sale to Micro Focus International PLC.

Patent prosecution and strategic IP counseling relating to speech recognition software and related applications.

U.S. District Court for the Western District of Pennsylvania

Represented PwC in professional liability litigation relating to the bankruptcy of the Allegheny Health Education and Research Foundation.

Represented OpenTV (NASDAQ:OPTV) in its acquisition of Spyglass (NASDAQ:SPYG) by way of merger.

Patent prosecution, strategic IP counseling, third party patent analyses and opinions, and offensive infringement analyses relating to client and server software for interfacing mobile communication devices with the Internet.

Represented Oren Semiconductor in its Series E Preferred Stock financing led by Elron Electronics, Israel Corp., Defta Partners and Zoran.

Represented Oren Semiconductor in its cash and stock merger with Zoran (NASDAQ: ZRAN).

Represented POET in connection with initial public offering.

Represented POET Holdings in its sale to Versant Corporation.

Represented Polaris Wireless in Series A and Series B financings, with Draper Fisher Jurvertson, Draper Richards and Centre Palisades Ventures as investors.

Represented PortAuthority in a Series D financing.

Represented PrivaSys Inc. in Series B, Series C, Series D and Series E financings, with SteelPoint Capital, Springboard Harper Technology Fund, International Network Capital Global Fund, HighBAR Ventures, L.P. and Chess Ventures as investors.

Represented Privasys Inc. in negotiation of an Exclusive Marketing Agreement with MasterCard Inc.

Represented ProcurePoint Travel Solutions Inc. in Series A, Series B and Series C financings with Sequoia Capital, Sabre Investments and Needham Capital as investors.

Represented Avexus Inc. in the acquisition of Impresa Software from Epicor Software Inc.

Represented Inteco, LLC in the purchase of Thermal Technology Inc.

Represented Right90 Inc. in Series A, Series B, and Bridge financings.

Represented Asimba.com in a sale of assets to Weider Nutrition Int'l (NYSE:WNI).

Represented Petopia.com in its sale of assets to PETCO Animal Supplies (Nasdaq:PETC).

Represented Black Letter Discovery in a private equity transaction with Callidus.

Represented eGroups in its merger with Yahoo! (Nasdaq:YHOO).

Represented Freeverse Inc. in a sale to ngmco Inc.

Representation of The Hampton-Brown Company in its sale to The National Geographic Society.

Represented LogoWorks, Inc. in its sale to the Hewlett-Packard Company.

Represented Market Wire Inc. in its merger with CCN Matthews, Ltd.

Represented OneMediaPlace in its merger with Mediapassage.com.

Represented PortAuthority Technologies Inc. in its merger with Websense Inc. (Nasdaq: WBSN).

Represented Snapcentric in its sale to Verisign (Nasdaq:VRSN).

Represented Steiner Corporation in the sale of Steiner Financial Corporation to Chicago Holdings Inc.

Represented Liquid Audio (Nasdaq:LQID) in a sale of technology assets to Microsoft (Nasdaq:MSFT).

Represented Tickle Inc. in its sale to Monster Worldwide Inc. (Nasdaq:MNST). 

Represented Velocigen in its merger with ServiceMesh (now Blue Titan Software).

Represented Virtualis Inc. in its merger with Allegiance Telecom Inc. (Nasdaq: ALGX).

Represented Scene7 Inc. in negotiation of a Reseller Agreement for ASP and related services with Amazon.com Inc.

U.S. District Court for the Eastern District of Wisconsin

Prosecuted against a competitor that falsely advertised allegedly "generic" versions of the pharmaceutical company client’s brand name irritable bowel syndrome drugs. Principal drafter of opposition brief to the defendant's cross-motion for summary judgment. After successfully defeating defendant's summary judgment motion, the case settled on terms favorable to the client. 388 F. Supp. 2d. 967 (E.D. Wis. 2005)

Represented SCM Microsystems (NASDAQ: SCMM) in its acquisition of Dazzle Multimedia for cash and stock, in its cross-border stock purchase of 2-Tel B.V, and in its acquisition by way of merger with Microtech International.

Represented Semitool (NASDAQ: SMTL) in a registered direct offering with Needham as placement agent.

Represented Sertanty Inc. in Series A financing with HighBAR Ventures and Band of Angels as investors.

Represented Silex Systems Inc., an Australian public company, in connection with investment in Translucent Photonics Inc.

Represented Smith Barney Inc. in $100 million IPO of QAD.

Represented Somera Communications (NASDAQ: SMRA) in its asset purchase of substantially all the assets of Asurent Technologies, a wholly-owned subsidiary of Digital Transmission Systems (NASDAQ: DTSX).

Representing SpikeSource Inc. in the negotiation of its standard form licensing package.

Represented Stormedia in $141 million IPO.

Represented StreamTheory Inc. in the negotiation of a Distribution Agreement with Softbank BB Corporation.

Patent prosecution, strategic IP counseling and third party patent analyses and opinions relating to endoscopic medical devices and related instruments and support equipment.

Pro bono representation of The Glow Foundation, a non-profit that provides financial education, mentoring, and scholarships to high potential, college-ready students from under-resourced communities.

Represented Thinstall in its cash and stock merger with VMware (NYSE: VMW).

Represented Thomson (Euronext Paris, NYSE: TMS) in its acquisition of a third ownership interest in ContentGuard by purchasing stock from Microsoft, Time Warner and Xerox.

Superior Court of California, County of Alameda

Counsel for TOMRA and other recycling companies in litigation against the California State Controller and Director of Finance to repay monies borrowed from the California Recycling Fund.

Representation of Trapeze Networks Inc. in the negotiation of a Master OEM Purchase Development, Customization and License agreement with 3Com Corporation.

Represented Trapeze Networks Inc. in the negotiation of an OEM Agreement with Enterasys Networks Inc.

Represented Trapeze Networks Inc. in the negotiation of a Master Purchase and Sale Agreement and Master Development Services Agreement (as part of an OEM relationship) with Nortel Networks.

Represented Trapeze Networks in its cash merger with Belden (NYSE: BDC).

Represented Trapeze Networks Inc. in Series C and Series D financings with Accel Investors, Oak Investment Partners, Redpoint Ventures, Castile Ventures and Motorola Inc. as investors.

Represented Travelpost in Series A, bridge and debt financings.

Patent prosecution, strategic IP counseling and third party patent analyses and opinions relating to satellite-aided location, navigation and surveying technology.

Represented VA in connection with initial public offering.

Represented Vitesse Semiconductor Corporation in its $110 million convertible debt restructuring and several strategic financing alternatives.

Represented Wannago.com in its seed financing led by Tech Coast Angels.

U.S. District Court for the Eastern District of Texas

Counsel for GlobalMotion Media in a patent infringement action relating to Internet mapping patents.

Represented Dain Rauscher Wessels as lead underwriter in WebTrends' (NASDAQ: WEBT) initial public and follow-on offerings.

U.S. District Court for the Eastern District of Texas

Counsel for Workshare in a patent infringement action relating to word processing and filtering technology.

Represented Workshare Ltd. in the negotiation of a Reseller Agreement with Software Spectrum Inc.

Represented Workshare, Ltd. in Series B financing with Intel Ventures, Steelpoint Ventures and Quester Ventures as investors.

Represented Zantaz in connection with spin-out of Persist Inc. Represented Zantaz in connection with joint venture with CDC Kineon.

Patent prosecution and strategic IP counseling relating to digital media processing hardware and software for consumer devices.

* Prior Experience