Rachel Herrick Kassabian

 

Silicon Valley Office
Tel: 650-801-5000
Fax: 650-801-5100
rachelkassabian@quinnemanuel.com

Practice Areas
Intellectual Property Litigation

Education

 

Harvard Law School (J.D., cum laude, 1997)
     Harvard Environmental Law Review:
          Submissions Editor, 1996-1997
     Ames First Year Moot Court Competition:
          Best Brief Award, 1995


University of California, Los Angeles (B.A., college honors, magna cum laude, Phi Beta Kappa, 1993)

 





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Biography

 

Rachel Herrick Kassabian represents businesses in a wide range of commercial and intellectual property litigation matters, including copyright and trademark infringement, trade secret misappropriation, fraud, unfair competition, antitrust, breach of contract and other commercial disputes.   Ms. Kassabian has significant trial experience, having successfully tried several cases to verdict.  She has also successfully litigated several interlocutory and post-trial appeals.  Ms. Kassabian has litigated on behalf of clients engaged in a diverse range of businesses, including internet technology, software, semiconductors, financial services and consumer products.




Representative Clients

 

Google
Vimeo
Zynga
Intuit
Micron Technology
Marvell Technology
Avery Dennison
Jefferies & Co.
Bancorp Services
easyJet




Notable Representations


Representing Google in the long-running Perfect 10 v. Google litigation, in which we successfully obtained summary judgment of safe harbor under the Digital Millennium Copyright Act on Perfect 10’s copyright infringement claims against Google's Web Search, Image Search and Blogger services. The decision precludes Perfect 10 from seeking any monetary damages for almost all of the more than two million alleged copyright infringements Perfect 10 claimed were hosted by Google’s Blogger web blogging service or linked to by Google’s Web and Image Search services. The decision also eliminates the factual basis for Perfect 10’s claims of contributory copyright infringement.

Representing Vimeo in an action brought by music label EMI claiming hundreds of copyright infringements of  sound recordings and compositions.   Vimeo, a subsidiary of internet media company IAC, owns a creative video sharing community, and claims immunity pursuant to the safe harbor provisions of the Digital Millennium Copyright Act.

Representing Zynga in a copyright infringement action brought by its competitor SoicalApps regarding Zynga’s wildly popular social networking game FarmVille.

Represented Google in an action brought by a software start-up involving allegations of copyright infringement, trade secret misappropriation and unfair competition related to the start-up's participation in Google's Enterprise Professional Program and claimed development of email migration software.  The case settled favorably after a successful mediation.

Represented Zynga in a copyright and trademark infringement action brought by its competitor Psycho Monkey regarding Zynga’s wildly popular social networking game Mafia Wars.  The district court granted our motion to dismiss which substantially narrowed Psycho Monkey’s claims; thereafter, the parties successfully mediated the case and the action was dismissed.

Represented Intuit in a series of actions against its competitor H&R Block relating to advertising for TurboTax and H&R Block’s tax services and products.  The actions involved claims for false advertising and trademark and copyright infringement.  Following a series of favorable discovery rulings that Quinn Emanuel obtained in the two jurisdictions in which the actions were litigated, the cases settled favorably to Intuit, and H&R Block’s offending knock-off advertisement was pulled.

Obtained complete dismissal and $200,000 in sanctions on behalf of Avery Dennison Corporation and its  regular patent prosecution counsel, Renner Otto,  in a fraud, negligence and breach of fiduciary duty case brought by the alleged inventor of personalized postage.

Represented easyJet Airlines and software developer BulletProof in a trade secret misappropriation and copyright infringement lawsuit filed by Navitaire arising out of the alleged theft and copying of Navitaire's reservations software.  Upon the successful trial of a corresponding copyright infringement and breach of contract lawsuit in the U.K., the case settled favorably.

Obtained a favorable settlement on behalf of Kaiser Permanente in defense of a lawsuit disputing copyright ownership of photographic libraries consisting of thousands of images.  The settlement followed Quinn Emanuel's successful appeal to the Ninth Circuit for  vacatur of a preliminary injunction that had been entered against the client while the client was represented by former counsel.

Represented Bancorp Services in a suit against The Hartford Insurance Company for theft of trade secrets and breach of a confidentiality agreement. After a two-week trial in federal court requiring that Quinn Emanuel explain sophisticated financial products to jurors, the jury deliberated for less than a day and unanimously awarded Bancorp $118 million.

Represented Jefferies & Company in a gender discrimination and retaliation action brought by a highly compensated investment banker.  After a two-month state court trial, the jury returned a complete defense verdict for Jefferies.