Mark Weinstein, Partner

Mark Weinstein is a partner in the Cooley Litigation department and member of the Intellectual Property practice group. He joined the Firm in 2009 and is resident in the Palo Alto office.

Mr. Weinstein's practice focuses on patent and other complex technology-related disputes.  He has handled a number of high-stakes litigations throughout the United States involving a variety of technologies, including computer software and hardware, Internet applications, electronic transactions, e-commerce, computer networking, entertainment software, and medical devices.

Representative cases include:

Patents

• Facebook, Inc. Mark is defending Facebook in several pending patent infringement cases, including Cross-Atlantic Capital Partners, Inc. v. Facebook, Inc. (E.D. Pa.), Leader Technologies, Inc. v. Facebook, Inc. (D. Del.), Tele-Publishing, Inc. v. Facebook, Inc. (D. Mass.), Mekiki Co., Ltd. v. Facebook, Inc. (D. Del.), Simple Air v. Facebook, Inc. et al. (E.D. Tex.), Weyer v. Facebook, Inc. et al. (C.D. Cal.), and several others.
• HTC Corporation and HTC America. Mark is representing HTC in several pending patent litigations including HTC v. Technology Properties Ltd. (N.D. Cal.), ADC Technology, Inc. v. HTC et al. (N.D. Ill.) and Microunity Systems Eng'g v. HTC et al. (E.D. Tex.).  Mark also represented HTC in SP Technologies, Ltd. v. HTC et al. (N.D. Ill.) and Implicit Networks, Inc. v. HTC (N.D. Cal.), which settled on favorable terms.
• EMC Corporation. In Hewlett-Packard Company et al. v. EMC Corporation (N.D. Cal.), Mr. Weinstein represented EMC in a patent infringement suit involving thirteen patents relating to mass data storage systems, servers and printers. HP initiated the lawsuit by suing EMC for alleged infringement of seven patents. EMC counterclaimed against HP with six of its own patents. Following claim construction proceedings and motion practice, the case settled with HP agreeing to pay EMC more than $325 million, one of the largest patent settlements on record.
• In-Three, Inc. In IMAX Corporation v. In-Three, Inc. (C.D. Cal.), Mr. Weinstein defended In-Three in a patent infringement suit involving software for producing three dimensional motion pictures.  In-Three defeated a motion for preliminary injunction filed by IMAX that threatened to shut down In-Three's operations.
• eBay Inc. In Tumbleweed Communications Corp. v. eBay, Inc. et al. (N.D. Cal.), Mr. Weinstein defended eBay and its subsidiary PayPal against allegations of infringement of three software patents related to electronic financial transactions.  The case settled on favorable terms during the pendency of a summary judgment motion filed by eBay and PayPal that sought to invalidate Tumbleweed's patents in light of the prior art.

Trade Secrets

• Cirrus Logic, Inc.  In Silvaco Data Systems v. Cirrus Logic, Inc. (Santa Clara Sup. Ct.), Mark represented Cirrus Logic in a trade secret lawsuit involving Electronic Design Automation technology. Cirrus Logic recently obtained summary judgment that it did not misappropriate any of the plaintiff's trade secrets. 
• Alstom ESCA Corporation. In ABB Power T&D Company v. Alstom ESCA Corporation et al. (N.D. Cal.), Mr. Weinstein was a member of a team representing Alstom in a six week federal jury trial involving claims for trade secret misappropriation, copyright infringement, breach of contract and a variety of business torts, which resulted in a unanimous verdict exonerating the client from liability.  The technologies in the case related to hardware and software systems for the electric power industry.
• Advanced Modular Sputtering (AMS). In Sputtered Films, Inc. v. Advanced Modular Sputtering, Inc. et al.(Santa Barbara Sup. Ct.), Mr. Weinstein represented AMS in a trade secret case involving PVD sputtering technologies.  The case generated an oft-cited decision clarifying California's statute requiring plaintiffs to identify their trade secrets, Advanced Modular Sputtering v. Superior Court, 132 Cal. App. 4th 826 (2005).
• Minerva Networks, Inc. In Myrio, Inc. v. Minerva Networks, Inc. (N.D. Cal.), Mark defended Minerva against trade secret, unfair competition and false advertising claims involving technologies for delivering television and multimedia services over broadband networks. The case settled favorably after the court ruled that Myrio had failed to adequately identify its trade secrets.

Technology/IP Licensing

• DVD Copy Control Association (DVD CCA).  In RealNetworks, Inc., et al. v. DVD Copy Control Association, Inc. et al. (N.D. Cal.) and DVD Copy Control Association, Inc. v. Kaleidescape, Inc. (Santa Clara Sup. Ct.), Mark represented the DVD CCA in two separate actions alleging breach of the technology license that covers use of the Content Scramble System (CSS) technology that is used to prevent copying of motion picture DVDs. Both cases are pending.
• Marshal Software.  Mark represented Marshal, a leading producer of Internet security and anti-spam software, in three trademark and unfair competition lawsuits against competing companies.  All three cases resulted in the defendants agreeing to rebrand their products to avoid any use of Marshal's trademarks.

Mr. Weinstein is a frequent lecturer on all aspects of intellectual property protection and has taught classes at Santa Clara University School of Law.  Prior to joining the Firm, Mr. Weinstein was a partner at a large international law firm and served as the managing partner in charge of that firm's Silicon Valley office.  He is also a former law clerk for the Honorable Thomas J. Whelan, District Judge, United States District Court for the Southern District of California.

Mr. Weinstein received a J.D. from the University of San Diego, graduating magna cum laude and is a member of Order of the Coif.  He received his B.S. from the University of California, San Diego.

Mr. Weinstein is a member of the California State Bar, and is admitted to the U.S. Court of Appeals for the Federal Circuit, U.S. District court for the Eastern District of Texas, and the U.S. District Courts for the Central, Northern and Southern Districts of California.

Education

• University of San Diego School of Law
  JD, 1997
• University of California, San Diego
  BS, 1992

Court Admissions

• U.S. Court of Appeals, Federal Circuit
• U.S. District Court, Central District of California
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Northern District of California
• U.S. District Court, Southern District of California

Admissions

• California