Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
James Hannah is a patent litigator based in Silicon Valley. He tries cases for high-tech companies across the country. Clients turn to Mr. Hannah for his ability to explain complicated technology in a simple and understandable manner. For plaintiffs, he has obtained hundreds of millions of dollars from judgments and settlements. For defendants, Mr. Hannah has obtained a variety of wins for his clients. These defensive victories include walkaway dismissals, jury verdicts of non-infringement and global settlements with no payment exchanged. At trial, Mr. Hannah has received accolades for his courtroom performance. Clients, judges and opposing counsel have commended Mr. Hannah for delivering “effective” and “flawless” examinations of trial witnesses. As a result, he is often called upon to cross-examine industry-leading, seasoned expert witnesses in high-stakes litigations.Mr. Hannah’s representative cases include: Catch a Wave Technologies v. Sirius XM — Mr. Hannah represented Sirius XM in a patent infringement case involving the transmission and demodulation of satellite signals. Mr. Hannah and his team implemented a multi-prong attack in their successful defense of Sirius XM. After eliciting testimony during fact discovery that allowed a key piece of prior art into the case, Mr. Hannah obtained an admission from the plaintiff’s expert during cross-examination that the asserted patent was invalid. The case settled on favorable terms shortly thereafter. Finjan v. Secure Computing — Mr. Hannah represented Finjan in a hotly contested case involving fierce market competitors where both companies asserted claims of patent infringement. In a sweeping victory, Mr. Hannah and his team obtained a jury verdict of willful infringement resulting in a $40 million judgment and a permanent injunction prohibiting any further manufacturing or sales of the accused products. For the cross-claims against his client, the jury found no liability for any of the asserted patents. The verdict was later affirmed by the Federal Circuit. The case is known as the “zenith in the wining of Beauregard claims” based on arguments presented at trial and on appeal and is heavily cited in the legal industry. Ultra Clean Technology v. Celerity — Mr. Hannah represented Ultra Clean Technology against claims of patent infringement in a declaratory judgment action. The case involved eight patents covering various aspects of semiconductor manufacturing equipment. During the case, Mr. Hannah and his team obtained a dismissal of one patent during discovery, a holding of no liability for five patents during summary judgment, a successful design around for one patent, and a jury verdict of non-infringement for the remaining patent.Mr. Hannah has substantial experience in USPTO proceedings and has obtained excellent results when used strategically with corresponding district court litigations. In Mesh Comm v. Trilliant, he obtained a complete dismissal of a patent infringement case after a cancellation of all claims during reexamination. In Symantec Corporation v. M86 Security, he obtained an indefinite stay of a district court proceeding after the USPTO required the patentee to substantially amend the asserted claims. Ultimately, he obtained a walk-away dismissal of the district court proceeding for his client. With the recent rise of inter-partes review filings, a number of clients have selected Mr. Hannah as their lead counsel to represent them before the USPTO Board. In addition to patent litigation, Mr. Hannah regularly provides intellectual property counseling services for clients. He also maintains an active patent, trademark and copyright procurement practice. As a partner in Kramer Levin’s patent and trademark practice, he was recently honored when U.S. News & World Report ranked the IP group in the top tier nationally. Corporate INTL also honored Mr. Hannah and his team, naming them the “IP Litigation Law Firm of the Year in California” for two consecutive years. Mr. Hannah is an active member of the intellectual property community and is frequently asked to provide CLE lectures for academic and industry leaders. He has also been a guest lecturer in the Federal Litigation class at Stanford University School of Law for over five years.