Proctor, B. Dylan

B. Dylan Proctor

Partner

  Biography

Mr. Proctor, a Quinn Emanuel partner since 2006, focuses his practice on complex, high-stakes trial, post-trial and appellate litigation, with particular emphasis on intellectual property disputes involving copyrights, trademarks, design patents or trade secrets. Mr. Proctor also has an extensive background in complex tort and contract actions, including those involving claims of fraud, unfair competition and RICO violations. Mr. Proctor has represented Samsung in its design patent and trade dress “smartphone wars” with Apple, Mattel in intellectual property battles with MGA, Snapchat in defending against partnership claims brought by an alleged co-founder, and other entities and individuals in prominent disputes nationwide.

Mr. Proctor’s recent successes include: obtaining (and defending on appeal) a trade-dress injunction halting sales of competing product, prior to trial; defeating requests for permanent injunctions, despite verdicts and judgments of liability; obtaining vacatur of a nine-figure judgment on appeal; and obtaining orders rejecting purported nine-figure fraud claims on summary judgment.

Before joining Quinn Emanuel, Mr. Proctor graduated in the top 2% of his class from New York University School of Law, and clerked for the Hon. Charles P. Sifton, Chief Judge of the Eastern District of New York. Mr. Proctor has been voted a Southern California Rising Star.

  Representative Clients

  • Mr. Proctor's current and past clients include Mattel, Samsung, Snapchat, DreamWorks Animation, Knowledge Universe, ConAgra, DirecTV, Schwab, American Rena, Franchise Pictures, Shell Oil Company, and other companies and individuals.

  Notable Representations

  • Obtained prohibitory and mandatory preliminary injunction requiring competitor of American Rena to cease all sales of infringing products, to turn over all such products and to post a website notice of its infringement, and successfully defended this injunction on appeal to the Ninth Circuit Court of Appeals.
  • Representing Samsung in design patent and trade dress matters involving smartphone and tablet computer technology. Results to date include defeating Apple’s repeated requests for injunctions against Samsung product sales in litigation in the Northern District of California.
  • Obtained order from Ninth Circuit vacating verdicts of liability for alleged trade-secret misappropriation and damages award of more than $170 million.
  • Defeated antitrust claims purportedly worth more than a billion dollars on motion to dismiss.
  • For DreamWorks Animation, obtained favorable settlement of copyright infringement claims relating to film Megamind after deposing plaintiff.
  • Obtained multi-year stay shortly after retention in franchise dispute, forcing a highly favorable settlement providing for judgment of injunctive and declaratory relief and dismissal of price discrimination counterclaims.
  • Defeated purported UCL class action seeking to invalidate employee inventions agreements on motion to dismiss.
  • For ConAgra, obtained dismissal with prejudice of UCL and CLRA false advertising putative class action related to food products, on the pleadings and without the need for discovery.
  • Obtained defense judgment on the pleadings, before discovery, in fraud and unfair competition action brought by franchisee against Shell Oil Company relating to the terms of the parties' franchise agreement.
  • Obtained pre-trial dismissal of eight claims, and defense judgment after five week jury trial on the one remaining claim, in a case brought by a dozen retail gasoline dealers against Shell Oil Company raising a variety of fraud, contract and antitrust (price discrimination, predatory pricing, etc.) claims.
  • After substituting in as counsel one month before trial, obtained pretrial order striking damages claims and jury demand in price discrimination action brought by gasoline dealers against Shell Oil Company.
  • Obtained favorable settlement on behalf of insurance company on the eve of punitive damages trial after substituting for prior counsel, despite prior determination that client had denied insurance coverage in bad faith.
  • Obtained favorable settlement, including nearly entire sum demanded, on behalf of a private investor immediately after filing complaint alleging fraud and securities violations.
  • Obtained dismissal of Ninth Circuit appeal on motion, avoiding the need for merits briefing.
  • In a published decision publicized in the legal press, obtained permanent civil rights injunction under 42 U.S.C. § 1983 against ongoing Establishment Clause violations by the State of California.
  • Obtained extremely rare order releasing life prisoner, who was non-violent and had been a model prisoner for more than 20 years, on parole after 28 years' incarceration.
  • Obtained extremely rare order from California Supreme Court vacating death sentence on habeas review based on Brady violations and other misconduct.

  Practice Areas

  • Antitrust & Competition
  • Intellectual Property Litigation
  • Media & Entertainment Litigation
  • Appellate Practice
  • Copyright Litigation

  Education

  • New York University School of Law
  • (J.D., magna cum laude, 2000)
    • New York University Law Review:
      • Articles Editor
    • Butler Scholar (awarded to top 2.5 percent of class)
    • Order of the Coif

  • University of California, Berkeley
    (B.A., 1996)

  Admissions

The State Bar of California; United States District Court: Central District of California, Southern District of California, Northern District of California, Eastern District of California; United States Court of Appeals: Ninth Circuit, Federal Circuit

  Prior Associations

  • Law Clerk to the Hon. Charles P. Sifton:
    • United States District Court for the Eastern District of New York, 2000-2001

Publications and Lectures

  • "Using The Spending Power To Circumvent City Of Boerne v. Flores: Why The Court Should Require Constitutional Consistency In Its Unconstitutional Conditions Analysis," 75 N.Y.U. L. Rev. 469 (2000)