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Halo v. Pulse: Impact of the Supreme Court’s Decision on Patent Opinion Letters


Speaker(s): Darren E. Donnelly, Rajiv P. Patel
Recorded on: Jul. 27, 2016
PLI Program #: 189808

Darren Donnelly's practice focuses on patent and other intellectual property litigation and counseling with emphasis in data management, technical computing, telecommunications, and Internet technologies.

In addition to preparing and prosecuting patent applications in the U.S. and abroad, Mr. Donnelly has counseled companies on patent portfolio development and management, patent licensing strategies and patent enforcement strategies.

Mr. Donnelly served as trial counsel for Amazon.com in Cordance Corp. v. Amazon.com, winning a defense verdict before a Delaware jury that found two of three patents not infringed and the one remaining patent invalid.

Mr. Donnelly served as trial counsel for Informatica in Informatica Corp. v. Business Objects, winning a $25 million jury award in its patent suit against Business Objects.

Mr. Donnelly represented Cryptography Research, Inc. (“CRI”) in Cryptography Research v. VISA, a watershed case for the secure smart card industry, where CRI asserted eight fundamental patents covering differential power analysis countermeasure against Visa International. VISA settled on terms very favorable to CRI.

Mr. Donnelly represented Netflix in Lycos v. Netflix et al. where, after transferring the case from a “rocket docket” to a more favorable venue, he convinced the court to stage the case to allow accelerated — and ultimately successful — summary judgment of non-infringement with minimal discovery. Mr. Donnelly has subsequently represented Netflix in other several other matters all to favorable resolution.

For over a decade, Mr. Donnelly has represented Amazon.com and its affiliates in several patent infringement cases, including against Barnesandnoble.com, where he helped enforce via preliminary injunction, Amazon.com’s 1-click® patent.


Rajiv Patel chairs the firm’s Patent Group. With clients, he also often serves in the role of defacto in-house patent counsel. In this role he helps companies develop and manage patent strategy, portfolio development, and patent prosecution. He also guides them in patent transaction and patent pre-litigation counseling and strategy. Further in this role he has helped companies strategically manage their patent budgets. Rajiv also has served as a temporary in-house patent counsel for a Fortune-500 electronics company where he oversaw their 1000+ asset patent portfolio, while managing outside counsel and annual budget.

Rajiv’s areas of expertise include complex software that include data analytics, financial transactions, image processing, and networked security. He also has experience with electrics, and semiconductors, consumer electronics, mechanical technologies, and medical software and devices.

Rajiv also is active with advising companies on patent disputes. He has led numerous ex parte and inter parte reexaminations, as well as inter parte review (IPR) proceedings representing third-parties and patent owners. Rajiv also has worked on district court patent litigation matters, including advising on Patent Office / District Court cross forum strategies. Amongst his experiences has been defense of Amazon’s one-click patent in reexamination.

Rajiv was a former Adjunct Professor of Law at the University of California, Hastings College of the Law and is a program chair for Practising Law Institute patent programs such as Advanced Patent Prosecution Seminar and Post Grant Proceedings Seminar.

Rajiv has been recognized as a Northern California "Super Lawyer" in the area of Intellectual Property each year since 2006. Intellectual Asset Management magazine named him to the IAM Patent 1000: The World’s Leading Patent PractitionersThe Daily Journal has named Rajiv as one of the "Top Intellectual Property Attorneys" in California.

In his spare time Rajiv enjoys the hiking, backpacking, and camping with his family. He also follows his favorite childhood sports teams – New York Giants, New York Mets, and the Rutgers Scarlet Knights as well as his kids’ favorite teams – San Francisco Giants, San Jose Sharks and Golden State Warriors.