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Biography
Morgan's practice focuses on IP and complex commercial litigation. He has represented clients in multiple sectors and in a wide array of patent, Lanham Act, copyright, trade secret and Internet matters, including "cyber trespass" and "cyber squatting." Morgan recently served as an expert witness in an International Arbitration involving alleged copyright infringement. He has also lead a variety of complex litigation matters for technology and consumer goods companies, independent power producers and the public sector. In addition to litigation, Morgan also regularly counsels clients regarding intellectual property, alternative dispute resolution and commercial matters.
Morgan recently completed his term on the Board of Governors for the Northern California Chapter of the Association of Business Trial Lawyers (ABTL). He has served as a faculty member at the National Institute of Trial Advocacy (NITA) Western Regional Program. Morgan also served as a pro bond prosecutor in the Alameda County District Attorneys' Office where he tried four jury cases. Morgan has been named multiple times by Law & Politics magazine to the "Northern California Super Lawyers" list for intellectual Property Litigators.
Notable Representations
Represented Claimant Electronics and Telecommunications Research Institute of South Korea (ETRI) in an International Chamber of Commerce arbitration involving breach of a joint development agreement for digital wireless technology. Obtained a $200 million-plus award against a large wireless communications company.
Represented Plaintiff Sunbelt Automated Systems in a patent infringement case in which he obtained a multi-million dollar jury verdict, including an award of enhanced damages and attorneys` fees.
Represented Defendant Stryker Corporation as co-counsel in a patent infringement jury trial in which we obtained a defense jury verdict of patent invalidity.
Represented Defendant Supress Products LLC in a patent infringement action involving acoustical building materials. Obtained a judgment of dismissal with prejudice and a broad covenant not to sue.
Represented Plaintiff 3Dfx in a patent infringement action against nVidia. After obtaining favorable Markman rulings and moving for summary judgment, nVidia purchased the assets of 3Dfx, including the asserted patents.
Represented Defendant STB in alleged patent infringement action venued in United States District Court for the Northern District of Illinois. Obtained a judgment of non-infringement which was affirmed by the Federal Circuit.
Represented Defendants MRV Communications and Lantronix in an alleged patent infringement action venued in the United States District Court for the Eastern District of New York involving Fast Ethernet standards for Local Area Network patents. Obtained a judgment of non-infringement which was affirmed by the Federal Circuit.
Represented Informatica in a copyright infringement and breach of license agreement action.
Served as lead counsel in multiple Markman hearings.
Represented the Oakland-Alameda County Coliseum in anti-trust litigation involving the Oakland Raiders and the National Football League.
Represented Oakland-Alameda County Coliseum in an action for breach of contract against its food services provider Volume Services.
Served as lead counsel for the plaintiff in a breach of contract action involving the sale of a hotel. Obtained a seven figure jury verdict for our client.
Represented The North Face in multiple trade dress and trademark infringement matters.
Represented The Coca-Cola Company in a counterfeit action against one of its former beverage distributors, Obtained a TRD and seizure order. After confirming the TRO with a preliminary injunction, the case resolved favorably.
Obtained a preliminary injunction on behalf of our client, Juris, in their counterclaim for trademark infringement based an plaintiff/counterclaimant defendant's use of a confusingly similar Internet domain name. This case was the first to hold that a domain name could infringe a registered trademark under a traditional likelihood of confusion analysis. The Ninth Circuit has cited, and referred to, the Juris case with approval as the first in the "Internet trilogy" of trademark decisions.
Represented Defendant FareChase in an action of alleged "cyber trespass" filed by American Airlines in state court in Fort Worth, TX.