Adam R. Alper, P.C. - Partner

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Adam R. Alper, P.C.

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San Francisco
Phone: +1 415-439-1876
Fax: +1 415-439-1500
Overview News

Professional Profile

Adam Alper is a member of Kirkland & Ellis' intellectual property litigation group in Kirkland's San Francisco office, with a primary focus on patent disputes. In particular, Adam has significant experience representing clients in high-stakes patent litigation involving major entities in the semiconductor, telecommunications, computer hardware and pharmaceutical industries. Adam also has significant experience with trade secret disputes in high-tech industries. He has also litigated copyright issues, primarily for architectural clients.

Recently, Adam was recognized in the The Recorder’s Litigation Department of the Year Awards as a “Ground Breaker” for his work on a matter that concluded with a nationally-reported trial victory. Adam was also recognized in The National Law Journal’s 2015 IP Hot List for his key role in a precedent-setting patent litigation case involving claims on Wi-Fi technology. Adam was named one of America's Leading Lawyers for Business in 2009-2012 and 2015-2018 in the area of Intellectual Property by Chambers & Partners, which commented that he is “a terrific trial attorney on his feet who stands out for his dedication and commitment to cases.” He has also been named one of the Daily Journal’s Top 75 IP Litigators in California in 2012, 2014, 2016, 2017 and 2018 and has been recognized in the The Legal 500 United States for his patent litigation work.”

Adam has litigated numerous telecommunications technologies and standards including Internet protocols, wireless protocols (e.g., (802.11 (Wi-Fi), cellular, 802.16 (WiMAX), Bluetooth), VoIP protocols and data over cable protocols. Adam has also litigated issues involving the design, manufacture and testing of semiconductor processors, memories and FPGAs (field programmable gate arrays). He has also litigated issues relating to computer hardware and software architecture, including CAD hardware and software and the design and manufacture of liquid crystal displays. Adam has also litigated issues relating to circuit-switched computer networks (at the chip, board and system levels), and online billing technologies. His experience in biotechnical fields has involved recombinant DNA, cardiological devices and testing equipment, and pharmaceutical development, testing and manufacture. He has also litigated mechanical and consumer devices, including spill-proof cups and feminine hygiene products.

Adam has substantial experience litigating standardized technologies, including in several recent nationally-reported trials. Each of these matters involved numerous parties and complicated technical and damages issues. Of note, Adam represented numerous major Wi-Fi equipment manufacturers and their customers in In re Innovatio IP Ventures LLC Patent Litigation, which, after two trials, resulted in significant court orders setting guidelines and methodologies for determining patent essentiality and RAND royalty rates.

Adam has tried numerous patent cases to verdict. Adam's representative clients include Cisco Systems, Intel, Motorola Solutions, and Yahoo!, among others.

Representative Matters

Led defense for Energy Labs Inc. in a jury trial against Nortek Air Solutions in which the jury’s verdict was a complete victory for Kirkland’s client, finding no infringement of any of the asserted claims from six different patents and a majority of asserted claims invalid. This was a bet-the-company litigation against a much larger competitor who sought an injunction against Energy Labs. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Defense jury trial victory for major national cable operator in patent case brought by a patent holding company in the Eastern District of Texas. Represented other major national cable operators in follow-on case brought by same plaintiff which settled after trial victory. Plaintiff alleged infringement by certain standards-certified (DOCSIS) cable modems.

Defended world's leading supplier of Internet routing and switching products against patent infringement charges in the Eastern District of Texas. Obtained certain favorable rulings from the Court and developed counterclaims for damages against plaintiff, a patent holding company. Matter settled shortly before trial, after the Court denied plaintiff's motion to dismiss our client's counterclaims and while plaintiff's motion to delay its own trial date was pending.

Lead counsel for global Internet company in a multipatent litigation brought in the District of Maryland involving 13 major Internet, technology and telecommunications companies named as defendants. Argued key constructions at claim construction hearing, and won every claim term argued, leading to summary judgment of non-infringement on all asserted claims.

Represented plaintiff in patent infringement action brought in Eastern District of Texas involving LCD technology. Defendant stipulated to infringement after Markman order issued.

Lead counsel for leading electronic design automation tools supplier in patent action brought by patent holding company in Eastern District of Texas. Obtained early dismissal of case from Eastern District of Texas; won summary judgment disposing of case in corresponding declaratory judgment action pending in Northern District of California.

Lead counsel for major Silicon Valley Internet company in defense of trade secret action involving Internet billing technology. After successful motions led to limiting of plaintiff's alleged trade secrets, matter settled on confidential terms.

Defended consumer products company in patent dispute involving children's sippy cups. Responsible for Markman proceedings, including briefing and expert reports. Court invalidated asserted patent on Markman for indefiniteness. Federal Circuit reversed on indefiniteness issue but remaining claim construction resulted in summary judgment of non-infringement.

Prior Experience

Latham & Watkins LLP, Menlo Park, CA
Associate, 2000 to 2004

Thelen Reid & Priest LLP, San Francisco, CA
Associate, Commercial Litigation, 1998 to 2000; Summer Associate, Summer 1997


Supreme Court of the State of California

U.S. District Court for the Northern District of California

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Central District of California

U.S. District Court for the Western District of Wisconsin

U.S. Court Of Appeals For The Third Circuit (Philadelphia, PA)

U.S. District Court, Eastern District Of Texas (Pro Hac Vice)

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