Quinn emanuel trial lawyers

Pak, Sean S.

Sean S. Pak

Partner

  Biography

Sean is Co-Chair of the firm’s National Intellectual Property Litigation Practice and Co-Managing Partner of the San Francisco office.  Sean is a trial lawyer with extensive experience in litigating patents, trade secrets, copyrights and other intellectual property in “bet the company” cases on behalf of both plaintiffs and defendants.  As noted in Chambers USA 2019, “he has all of the trial skills you’d hope for, an unusually deep technical background and is one of the best at jumping into the subject matter and coming up with creative solutions.”

Sean was co-lead counsel for Qualcomm in its global dispute against Apple.  In January 2017, Apple launched an offensive litigation campaign against Qualcomm, alleging in multiple lawsuits that Qualcomm’s licensing practices were anticompetitive and seeking declaratory judgment of non-infringement of several Qualcomm patents.  Along with its litigation assault, Apple also convinced its contract manufacturers to stop paying Qualcomm any licensing fees.  Our firm worked with Qualcomm to put together a cross-border counter-offensive against Apple.  This litigation counterattack for Qualcomm spanned more than nine lawsuits in five different tribunals across multiple continents.  Leveraging its extensive portfolio, which covers a range of key technologies for mobile devices including graphics processing, data networking and processing, image enhancement, and power management, Qualcomm quickly demonstrated through its tactical patent cases the breadth and value of its patents.  Qualcomm’s success in litigation established the financial and practical significance of its inventive technology, underscoring the fairness of its licenses. 

The in-court demonstration of Apple’s infringement resulted in three significant showings of the portfolio’s strength.  A Southern California jury verdict awarded a royalty of $1.41/unit on Apple’s infringing products and two separate ITC Investigations resulted in findings of infringement.  The second ITC case resulted in an impending exclusion order that would affect all of the newest and future iPhones after Apple’s extensive public interest arguments based on 5G and competition were soundly rejected by the ALJ.  Sean was one of two lead attorneys for Qualcomm in each of these matters, handling numerous witness examinations and arguments during trial.  These results helped drive the successful settlement of the parties’ global dispute before any of Apple’s offensive claims were ever heard by a jury, resulting in billions of dollars of chip sales and licensing revenues for Qualcomm. 

Sean was the lead trial counsel for Varian Medical Systems in a global patent litigation dispute against its primary competitor Elekta involving numerous patents on cancer treatment technologies across numerous jurisdictions including the International Trade Commission, District of Delaware, Northern District of California, Germany and United Kingdom.  Sean and his team were able to obtain a highly favorable settlement for Varian, after an ITC victory on behalf of Varian in which Elekta was found to infringe multiple, valid patents owned by Varian. 

Sean was one of two lead counsel for plaintiff Viasat in a complex patent and contract breach case against Space Systems/Loral involving broadband satellites, which resulted in a jury verdict of $283 million for ViaSat in the Southern District of California.  In 2014, Sean won “Milestone Case of the Year” at the Managing IP North America Awards for his Viasat jury verdict.  Sean also won Top Verdict of 2014 by The National Law Journal, Top 10 Plaintiff Verdict by Dollar by the Daily Journal, and Top California Verdict of 2014 by The Recorder, achieving the highest dollar amount across all categories.

Sean also obtained a complete defense verdict as trial counsel in a multi-patent jury trial in Delaware on behalf of Symantec, defeating a claim for damages exceeding $1 billion.  Sean was also trial counsel on behalf of defendant Samsung Electronics in the second “smartphone” patent trial brought by Apple in the Northern District of California, in which all Apple patents defended by Sean and his team were found to be not infringed and Apple received less than six percent of its damages claim on the remaining patents defended by the Firm.

At the International Trade Commission, Sean has served as trial counsel for respondent HTC in the ITC investigation (337-TA-710) initiated by Apple, and trial counsel for respondents NVIDIA, Broadcom, STMicroelectronics, MediaTek, Cisco, and Motorola in the ITC investigation (337-TA-753) initiated by Rambus.  In both cases involving billions of dollars in product sales, the ITC Commission found no violation for all claims defended by the Firm.  In addition to trial victories, Sean has secured dispositive summary judgment victories for his clients in various venues, including the Eastern District of Texas,  the Northern District of California, the District of Delaware and the Western District of Washington.

According to the 2016 IAM Patent 1000: The World’s Leading Patent Professionals guide, “Sean Pak’s star is in rapid ascendance thanks to major victories, such as his $283 million jury verdict for satellite designer and developer ViaSat in a dispute with a contractor.”  In the 2014 version of the same guide, Sean was described as “the complete package, combining a great understanding of the finer technical elements to a case with superb trial craft and courtroom presence.  He has a calm disposition, but can be aggressive when he needs to be.”  In 2013, Sean was named an Intellectual Property Rising Star under the age of 40 nationwide by Law360.  In the 2008 Legal 500 USA guide, Sean was recognized for his patent litigation work.  Also in 2008, The Times of London named Sean a “Future Star of America” and cited his “intellectual prowess, industry expertise, and people skills.”

Sean received his J.D., cum laude, from Harvard Law School, and B.S. and M.Eng. in Electrical Engineering and Computer Science from MIT, and has engineering experience at Intel Corporation and the MIT Artificial Intelligence Laboratory.

  Representative Clients

  • Google
  • Samsung
  • Slack
  • Varian Medical Systems
  • Viasat
  • Qualcomm
  • Hyundai / Kia
  • Symantec
  • TSMC
  • NVIDIA
  • MediaTek
  • Alcatel-Lucent
  • Sony
  • NTT Docomo
  • SoundHound
  • Cisco

  Notable Representations

Represented Qualcomm as co-lead trial counsel against Apple in numerous ITC and district court actions brought by Qualcomm.  A Southern California jury verdict awarded a royalty of $1.41/unit on Apple’s infringing products and two separate ITC Investigations resulted in findings of infringement.  The second ITC case resulted in an impending exclusion order that would affect all of the newest and future iPhones after Apple’s extensive public interest arguments based on 5G and competition were soundly rejected by the ALJ.  Sean was one of two lead attorneys for Qualcomm in each of these matters, handling numerous witness examinations and arguments during trial.  These results helped drive the successful settlement of the parties’ global dispute before any of Apple’s offensive claims were ever heard by a jury, resulting in billions of dollars of chip sales and licensing revenues for Qualcomm.  (https://timesofsandiego.com/business/2019/03/15/ qualcomm-stock-rises-after-victory-in-patent-suit-against-apple/)

Represented Varian Medical Systems as lead trial counsel against Elekta in a complex litigation involving multiple patents on radiation oncology systems before the International Trade Commission, District of Delaware, Northern District of California, Germany and United Kingdom.  Presented opening arguments and conducted cross and direct examinations of experts and fact witnesses at trial.  Obtained an initial determination from the ITC that all patents asserted by the firm on behalf of Varian were valid and infringed by Elekta.  (http://www.ipwatchdog.com/2016/11/15/tic-recommends-exclusion-order-radiotherapy-cancer-treatment/id=74701/)

Represented plaintiff Viasat as co-lead counsel against defendants Space Systems/Loral (“SS/L”) and Loral Space & Communications in a complex patent and breach of contract lawsuit  in the Southern District of California involving high-speed satellite technology capable of providing broadband services to consumers and businesses.  Viasat asserted that its patented and proprietary satellite technology was misappropriated by defendants to build a competing satellite, in violation of Viasat’s patent rights and confidentiality agreements.  After a three-week jury trial, obtained a jury verdict of $283 million for ViaSat.  Jury found that SS/L infringed all asserted patent claims and breached its contractual obligations to Viasat.  (https://www.law360.com/articles/531777/jury-awards-viasat-283m-in-satellite-patent-row)

Represented Symantec as trial counsel in a patent action filed by Finjan in the District of Delaware involving two patents relating to network security and antivirus software.  Finjan was seeking over $1 billion in past damages and running royalties against most of Symantec’s antivirus offerings.  Following a three-week jury trial, obtained a complete defense verdict, with a finding of non-infringement and invalidity for all asserted claims.  Conducted cross and direct examinations of technical experts and examined other witnesses at trial.  Finjan had previously prevailed on the same patents in the same venue against another defendant.  (http://www.bloomberg.com/news/2012-12-20/symantec-wins-federal-jury-verdict-over-finjan-patent-claims.html)

Represented respondents Broadcom, NVIDIA, STMicroelectronics, MediaTek, Freescale, Cisco, and Motorola as trial counsel in an ITC investigation (337-TA-753) initiated by Rambus involving six patents covering memory controller and chip-to-chip interface technologies.  Examined inventors and other witnesses at trial.  Staff attorney recommended no violation for all patents.  Obtained a complete defense victory.  The ITC Commission issued a final determination of no violation for all patents based on invalidity and unenforceability due to willful spoliation of evidence.  Tens of billions of dollars in product sales were at risk and ultimately protected as a result of this victory.  (http://www.computerworld.com/s/article/9229679/Rambus_loses_US_ITC_case_plans_appeal)

Represented defendant Samsung Electronics and third-party Google as trial counsel in the second “smartphone” patent case brought by Apple in the Northern District of California, involving multiple Apple patents covering various techniques for universal search, background synchronization, slide-to-unlock, auto correct and linking of data structures.  Responsible during litigation and at trial for all Apple patents on universal search and background synchronization techniques, and successfully defended against all asserted claims from those patents, resulting in a jury verdict of non-infringement.  Conducted cross and direct examinations of technical experts and examined other witnesses at trial.  Apple received less than six percent of its damages claim on the remaining patents defended by the Firm  (http://www.usatoday.com/ story/news/usanow/2014/05/02/ apple-samsung-patent-trial-verdict-federal-jury/8150593/)

Represented respondent HTC and third party Google as trial counsel in an ITC investigation (337-TA-710) initiated by Apple involving ten patents covering object-oriented operating systems, real-time processing, user interface and networking technologies.  Five patents were dismissed prior to trial, and one additional patent was dismissed during trial.  Examined experts, inventors and other witnesses at trial.  Staff attorney recommended no violation for all patents.  Obtained final determination of no violation for three patents asserted by Apple at trial.  All patent claims defended by the firm were determined to be not infringed and invalid.  HTC’s market capitalization increased by over $2 billion in two days following the final determination.

Represented plaintiff STMicroelectronics as trial counsel against its competitor, InvenSense, in multiple patent lawsuits at the ITC, the Northern District of California and the Eastern District of Texas.  Asserted twelve different patents against InvenSense, and defended against five InvenSense patents, related to various design and manufacturing technologies for MEMS-based gyroscopes and accelerometers used in smartphones, tablets and other devices.  After obtaining claim construction victories at the ITC, and after securing a transfer of the ED Texas case brought by InvenSense to the ND California, the litigation settled after one day of trial at the ITC, resulting in a successful patent license royalty agreement for STMicroelectronics.

Represented respondent HTC as trial counsel in an ITC investigation (337-TA-797) initiated by Apple involving five patents covering multi-finger gestures, sensor-based rotation of user interface, and touch panel sensor design.  One of the patents was dismissed by Apple prior to trial, following Markman hearing.  Examined multiple experts, inventors and other witnesses at trial.  Shortly before the initial determination was due, Apple settled with HTC, resulting in a 10-year cross license with HTC reporting no material financial impact on its business.  This was the first major settlement involving Apple’s claims against Android-based smartphone and tablet manufacturers.

Represented respondents Funai and MediaTek as trial counsel in an ITC investigation (337-TA-837) initiated by LSI involving multiple patents asserted against MPEG and WiFi products.  Examined multiple experts and other witnesses at trial.  Obtained final determination of no violation for all patent claims defended at trial.

Represented respondent MediaTek as trial counsel in an ITC investigation (337-TA-786) initiated by Freescale involving multiple patents asserted against DTV and DSP products.  Examined multiple witnesses at trial.  Obtained final determination of no violation for all patent claims defended at trial.

Represented plaintiff Veritas Operating Corp. (a wholly owned subsidiary of Symantec) against Microsoft in a multi-faceted case involving claims of trade secret misappropriation, patent infringement, copyright infringement, and contract breach in the field of volume management software, storage array network and automated system recovery technologies in US District Court for the Western District of Washington.  Obtained summary judgment of invalidity and non-infringement of Microsoft patent.  Negotiated a successful settlement for Veritas after Markman and summary judgment rulings.

Represented defendant Alcatel-Lucent in a patent case brought by plaintiff Golden Bridge Technology in US District Court for the Eastern District of Texas (Marshall) involving a patent claim against power ramping techniques for establishing a random access channel in a 3G wireless network.  Obtained summary judgment victory of invalidity for all asserted claims, which was upheld by the Federal Circuit on appeal.

Represented defendant Google as lead counsel against Collarity in a patent infringement suit in the District of Delaware involving search engine and user interface technologies.  Obtained a summary judgment of invalidity of all asserted claims for claiming ineligible subject matter under Alice.

Represented defendant MicroStrategy as lead counsel in a patent infringement case brought by plaintiff Vasudevan Software in the Northern District of California involving patents related to multi-dimensional database technologies.  Obtained summary judgment victory of non-infringement and invalidity for all asserted claims.

Represented defendants Samsung, HTC and Google in a patent case brought by Gemalto S.A. in the Eastern District of Texas (Tyler) involving three patents directed to virtual machines and code compilers.  Obtained summary judgment victory of non-infringement for all asserted claims.

  Education

  • Harvard Law School
    (J.D., cum laude, 1999)

  • Massachusetts Institute of Technology
    (M.Eng., Electrical Engineering, Computer Science, 1996)
    (B.S., Electrical Engineering, Computer Science, 1995)

  Admissions

The State Bar of California

  Languages

  • Korean

  Prior Associations

  • Latham & Watkins:
    • Partner, 2008-2009
    • Associate, 2002-2007

  • Intel Corporation:
    • Engineer, 1993-1996
      • Designed advanced microprocessors and implemented technology licensing programs in the areas of microprocessors, integrated chipsets, memory devices, data networking and communication systems

  • MIT Artificial Intelligence Laboratory:
    • Research Associate, 1991-1992

  Awards

  • Ranked in Chambers USA 2018-2019 in Nationwide: International Trade: Intellectual Property (Section 337) and California: Intellectual Property – Patent
  • Honored by Best Lawyers USA in Litigation – Intellectual Property (2018-2020)
  • Repeatedly recognized by Intellectual Asset Management’s (IAM) Patent 1000The World’s Leading Patent Professionals (2012-2014, 2016-2018)
  • Ranked in The Legal 500 USA 2018 in the areas Intellectual Property: Patent Litigation – Full Coverage and Intellectual Property: Patent Litigation – International Trade Commission
  • Named a Tier 1 Recommended Lawyer in The Legal 500 USA 2017 in Intellectual Property: Patent Litigation – Full Coverage
  • Ranked by The Legal 500 USA 2015 as a Recommended Lawyer in Intellectual Property: Patent Litigation – Full Coverage and in Intellectual Property: Patent Litigation – International Trade Commission
  • Recognized as an Intellectual Property Rising Star under the age of 40 nationwide by Law360 in 2013
  • Named a San Francisco Rising Star by Super Lawyers 2013
  • Ranked as a Recommended Lawyer in Patent Litigation: Full Coverage by The Legal 500 USA 2013
  • Recognized as a Rising Star by Super Lawyers 2008 in Northern California
  • Recommended in Patent Litigation by The Legal 500 USA 2008
  • Honored as a “Future Star of America” by The Times of London in 2008

Publications and Lectures

  • "Electronic Commerce, Hackers, and the Search for Legitimacy: A Regulatory Proposal," Berkeley Technology Law Journal, Spring 1999.

Professional Activities

  • Member, American Bar Association
  • Member, Institute of Electrical and Electronics Engineers (IEEE)
  • Member, Association for Computing Machinery (ACM)
  • Member, MIT-Caltech Enterprise Forum
  • Member, MIT Club of Southern California
  • Member, Licensing Executive Society (LES)
  • Member, Korean American Bar Association of Southern California