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Claude M. Stern serves as Co-Chair of the firm’s National Intellectual Property Litigation Practice, the largest practice area within Quinn Emanuel.  In his thirty years of practice, he has developed extensive national experience in all areas of intellectual property and technology litigation.  Mr. Stern has been repeatedly recognized as one of the preeminent and “most recommended” intellectual property trial lawyers and litigators in Silicon Valley, California and the United States, by such publications as Chambers: America's Leading Lawyers for Business (2006, 2007, 2008, 2009 and 2010), Law Dragon, San Francisco Magazine, and San Jose Magazine.  Mr. Stern has consistently been recognized as one of California’s Super Lawyers (2004, 2005, 2006, 2007, 2008, 2009, 2010), and was recently recognized as one of California’s Top 100 Trial Lawyers and the Top 75 Intellectual Property Litigators.  In 2006, Mr. Stern served as President of the Association of Business Trial Lawyers, the most prestigious bench-bar educational organization for trial lawyers in California.

Mr. Stern has represented companies throughout the United States in all forms of intellectual property litigation, including patent infringement, copyright infringement, trademark infringement and trade secret misappropriation suits.  His expertise in the technology sector has also given him enormous success in the defense of technology performance class-action cases, particularly involving allegations of defective software and hardware, and has spoken widely on the subject.

Citrix
Catalina Marketing
Dassault Systemes SolidWorks
Electronic Arts
Google
IAC
Intuit
Kraft Foods
LendingTree
Match.com
Orbotech
Palm
Riverbed Technology
Rovi (formerly Macrovision)
Shell Oil
Skype
Zynga

Represented Zynga in a copyright infringement action brought by its competitor Psycho Monkey regarding Zynga’s wildly popular social networking game Mafia Wars.  The action was dismissed following a successful mediation.

Represented Brøderbund Software in Brøderbund Software, Inc. v. Unison World, Inc., 648 F. Supp. 1127 (N.D. Cal. 1986), the first reported case to recognize and enforce the copyrightability of the user-interface of a non-video game computer program. 

Represented Brøderbund Software and Intuit Inc., two of the largest U.S. consumer software publishers, in IGE, Inc. v. Compuserve, 256 F.3d 1323, 59 U.S.P.Q.2d (BNA) 1401 (Fed. Cir. 2001), reversing in part and affirming in part, 47 U.S.P.Q.2d (BNA) 1797 (S.D.N.Y. 1998), widely recognized as the test case concerning business method patents and claims of ownership to Internet commerce. 

Represented GameTech International in Planet Bingo LLC v. GameTech International,  472 F.3d 1338 (Fed. Cir. 2006), in which, in affirming a judgment in favor of Gametech, the Federal Circuit established a new standard for determining patent infringement under the doctrine of equivalents.

Represented Intuit in David Kramer v. Intuit Inc., 121 Cal. App. 4th 574 (2004), an unfair competition and false advertising case which resulted in the first California Court of Appeal decision addressing the subject of illegal rebates under the California Consumer Legal Remedies Act.

Represented Medo Industries, Inc. and Pennzoil-Quaker State in Mike Farmer, Ashland Inc. v. Medo Industries, Inc. and Pennzoil-Quaker State Company, Civil Action No. CV 01-10248 CIC (CWx 2003),  in a two-patent patent infringement action relating to various after-market automobile products.  Mr. Stern was retained two months before the trial of the action, and obtained summary judgment on all claims asserted.

Represented Electronic Arts and Intuit in Hark Chan and TechSearch LLC, Inc. v. Intuit, Inc. et al., Civil Action No. C-02-2878 (VRW 2003), in a patent infringement action pending in the Northern District of California; the patents at issue have been asserted against some of the largest software publishers in the world.  After a favorable claim construction, the matter settled.

Represented Brøderbund Software and Random House in Robert Mossman v. Brøderbund Software, Inc. and Random House, Inc., 51 U.S.P.Q.2d 1752 (E.D. Mich. 1999), in a patent infringement lawsuit involving the infamous Mossman patent, which had been asserted against many of the largest players in the software publishing industry.  Mr. Stern invalidated the subject patent on summary judgment.

Represented Good Technology in Good Technology, Inc. v. Research in Motion Ltd., Civil Action No. C-02-02348 (MJ),  (N.D. Cal 2001), and Research in Motion Ltd. v. Good Technology, Inc., Civil Action No. 02-556 JJF (Del. Dist.), in patent, copyright and trademark infringement actions in the wireless/email area.

Represents LendingTree in LendingTree LLC v. LowerMyBills, Inc.  3:05-cv- 153M (W.D. N. Carolina), in a patent infringement suit against its competitor LowerMyBills, involving online loan matching technology.

Defended Phoenix American and two of its subsidiaries in Gemisys Corporation v. Phoenix American, et al., 50 U.S.P.Q.2d 1876 (N.D. Cal. 1999),  against charges of copyright infringement, trade secret misappropriation, unfair competition and breach of a license agreement.

Represented Intuit, one the largest financial software publisher in the United States, in Trio v. Intuit (C.D. Cal. 1997),  in a case of copyright infringement where Intuit allegedly incorporated the plaintiff's code into their award winning Quicken family of products.  After defeating the plaintiff's effort to secure a preliminary injunction against Intuit, the case settled favorably to Intuit. 

Represented Corbis in Corbis Corporation v. TemplateMonster.com, Case No. 06-21643-CIV-Altonga/Turnoff (S.D. Fla. 2006), in a copyright infringement enforcement action against Ukrainian and other foreign professional copyright pirates.  Mr. Stern's team secured a TRO and preliminary injunction against all defendants, permanently shutting down several foreign copyright pirate operations, and resulting in a $20 million plus judgment against several of the foreign defendants.  

Lead defense counsel In Martin Cano v. A World of Difference (ADL), 1996 WL 371064 (N.D. Cal. 1996), in a copyright infringement and trademark infringement case brought against The Anti-Defamation League, one of the country’s oldest human rights organizations, in which the plaintiff claimed ownership of certain ADL educational materials.  The federal district court dismissed the plaintiff’s claims.

Represented Intuit in H& R Block, Inc. v. Intuit Inc., (E.D. Mo. 2006), in false advertising and trademark infringement litigation brought by its chief competitor H&R Block.  After defeating H&R Block’s efforts to secure injunctive relief against Intuit and substantial discovery, the case settled favorably to Intuit.

Represented easyJet Airlines and BulletProof in Navitaire v. easyJet Airlines and Bullet Proof Software, 2:03-cv-00428 PGC (D. Utah 2005), 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 very favorably.