Richard De Liberty
A sharp and tenacious IP and business litigator
ATTORNEY
Richard is a trusted trial advocate with over thirty years of litigation experience focusing on copyrights, trademarks, trade secrets, and patents as well as complex business disputes, bankruptcy-related litigation, and enforcing writs and judgments.
Richard has handled many trials and arbitrations, often as lead trial counsel. He is also an appellate lawyer with an impressive record, including multiple wins in the Ninth Circuit. Early in his career, Richard practiced at Jenner & Block in Chicago and Heller Ehrman in San Francisco.
Planner 5D v. Meta Platforms, Inc. et. al. (Northern District of California)
Represented Planner 5D in copyright and trade secret lawsuit alleging unauthorized acquisition and use of 3D works for artificial intelligence model training. Settled on confidential terms.
Covidien L.P. v. Penumbra, Inc. (U.S. Trademark Trial & Appeal Board)
Represented Penumbra in Covidien’s Opposition to Penumbra’s trademark application for its endoscopic brain surgery system. Settled on confidential terms.
Toppan Photomasks, Inc. v. Park (Northern District of California)
Defended Mr. Park against trade secret misappropriation claims related to plasma dry etching process to create photomasks. Settled on confidential terms.
Balsam Brands Inc. v. Cinmar, LLC d/b/a Frontgate (Northern District of California)
Successfully prosecuted a patent infringement case against nationwide retailer Frontgate concerning foldable Christmas trees.
Lexmark v. Ink Technologies Printer Supplies, LLC, et al. (Southern District of Ohio)
Represented LD Products in a multi-patent, multi-product case regarding “clone” and “remanufactured” printer cartridges. Settled on confidential terms.
TrendMicro v. Fortinet (Santa Clara Superior Court)
Represented Fortinet in a Lear challenge contesting validity and enforceability of two patents licensed from Trend Micro related to data security. Settled on confidential terms.
AT&T Mobility–Dealer Arbitrations (JAMS and American Arbitration Association)
Defended AT&T Mobility in a series of JAMS and AAA arbitrations brought by former dealers. Exposed systematic commission fraud by one former dealer through sophisticated statistical analysis, forcing a favorable settlement. In each other case, prevailed at arbitration and awarded attorneys’ fees.