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Cheng, Jodie

Jodie Cheng

Of Counsel

jodiecheng@quinnemanuel.com
Direct Tel: +1 415 875 6468, Direct Fax: +1 415 875 6700
San Francisco
Tel: +1 415 875 6600 Fax: +1 415 875 6700

Jodie is an intellectual property litigator focusing on complex disputes and counseling relating to trade secrets, patents, copyrights, and trademarks.  She assists clients in a range of IP matters, from pre-litigation counseling through trial, as well as strategic IP portfolio advice, risk assessment, and due diligence. 

As a trial attorney, Jodie has tried cases across a variety of technologies, including multilayer network and Ethernet systems, cybersecurity, email filtering, cellular baseband, GPUs, computer forensics, joint prostheses, surgical devices, biologics, and mechanical ventilation systems.  Jodie also has significant experience with patent disputes in Section 337 investigations before the U.S. International Trade Commission (ITC)—from Institution to Initial Determination, Commission Review through Enforcement Proceeding, and affirming victories at the Federal Circuit.

Most recently, Jodie tried one of the first trade secret disputes brought solely under the federal Defend Trade Secrets Act (DTSA), on behalf of leading cybersecurity company, Proofpoint, Inc. and its subsidiary, Cloudmark LLC.  The dispute involved misappropriation of trade secrets and infringement of copyrights by Vade Secure and its Chief Technical Officer, Olivier Lemarie, who had taken trade secrets and confidential source code with him after he left Cloudmark.  Jodie conducted direct and cross examinations of several fact and expert witnesses, including in-trial voir dire of Vade Secure’s expert witness.  Following a four-week trial, the jury returned a verdict in Proofpoint and Cloudmark’s favor, finding that Vade Secure had willfully and maliciously misappropriated 15 different trade secrets and infringed the asserted copyrights.  The jury awarded approximately $14M in compensatory damages.  These results earned the trial team accolades from legal industry organizations, including The American Lawyer.

Jodie has also served as trial counsel for Qualcomm against Apple in two separate ITC investigations that resulted in findings that Apple had infringed Qualcomm’s patents.  In a separate California case, Jodie drove technical analysis and uncovered facts leading to the court granting Qualcomm’s motion to add claims that Apple had misappropriated over 30 of Qualcomm’s technical trade secrets and an expected $5 billion in damages.  These results helped drive the successful settlement of the parties’ global dispute, resulting in billions of dollars of chip sales and licensing revenues for Qualcomm.

Before joining Quinn Emanuel in 2021, Jodie served as trial counsel on several cases on behalf of plaintiffs and defendants; and represented dozens of clients, from multiple Fortune 25 companies to individual inventors and small businesses.  She tried her first jury trial, including conducting cross examinations of seasoned expert witnesses, as a second-year associate and has continued to deliver victories for her clients today.

Jodie also has experience examining patent applications relating to business cryptography, e-commerce, and business methods, at the U.S. Patent & Trademark Office.

  • Represented leading cybersecurity company, Proofpoint, Inc. and its subsidiary, Cloudmark LLC in a case involving trade secret misappropriation and copyright infringement, against Vade Secure and its Chief Technical Officer, Olivier Lemarie, who had taken trade secrets and confidential source code with him after he left Cloudmark.  Following a four-week trial, the jury returned a verdict in Proofpoint and Cloudmark’s favor, finding that Vade Secure had willfully and maliciously misappropriated 15 different trade secrets and infringed the asserted copyrights.  The jury awarded approximately $14M in compensatory damages.  These results earned the trial team accolades from the legal industry, including The American Lawyer.
  • Represented Qualcomm against Apple in two separate ITC investigations that resulted in findings that Apple had infringed Qualcomm’s patents. In a separate case in California Superior Court, Jodie drove technical analysis and uncovered facts resulting in the court granting Qualcomm’s motion to add claims that over 30 technical trade secrets had been misappropriated under California trade secret law (CUTSA).  These results helped drive the successful settlement of the parties’ global dispute, resulting in billions of dollars of chip sales and licensing revenues for Qualcomm.
  • Represented Facebook against allegations of trade secret misappropriation brought by BladeRoom, leading to a positive result for Facebook. (Prior association)
  • Represented Cisco against Arista in several patent infringement investigations and proceedings before the ITC, leading to findings in all investigations that Arista violated Section 337 by infringing Cisco’s patents. These findings were upheld on Commission review, in Enforcement, and at the Federal Circuit.  (Prior association)
  • Represented Energy Labs against allegations of patent infringement brought by Nortek Air Solutions. The jury returned a verdict that Energy Labs did not infringe any of Nortek’s patents, and noted that Nortek should be awarded “0” damages.  (Prior association)
  • Represented Medtronic in global patent disputes against NuVasive involving spinal medical devices, biologics, and bone graft substitutes. (Prior association)
  • Represented the National Football League against allegations of copyright infringement and violation of California Unfair Competition Law (UCL), leading to complete dismissal of claims, which was affirmed at the Ninth Circuit. (Prior association)
  • Represented General Motors in litigation involving ignition switch recalls. (Prior association)

 

 

  • The George Washington University Law School
    (J.D.)
    • George Washington Scholar
    • American Intellectual Property Law Association Quarterly Journal:
      • Executive Managing Editor
  • Brown University
    (Bachelors, Biology)
    (Bachelors, Economics)

 

 

  • The State Bar of California 
  • JWC Law Firm:
    • Founder & Principal
  • Kirkland & Ellis LLP:
    • Associate