Adam R. Alper, P.C.

Lead counsel for TriZetto and its parent company, Cognizant Technology Solutions, in a trade secret misappropriation, unfair competition and breach of contract matter case against Syntel, involving healthcare software systems. In the first in-person civil jury trial held in the Southern District of New York since the beginning of the COVID-19 pandemic, where all lawyer presentations and witness testimony were presented from inside a plexiglass enclosure in a specially modified courtroom, with jurors, lawyers and the presiding judge wearing masks, the Kirkland team secured a complete victory following a week-long jury trial in favor of TriZetto, which included an award of $855 million in damages. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Lead counsel for Motorola Solutions in trade secret misappropriation and copyright infringement case against multi-billion dollar competitor in connection with global dispute over critical wireless technologies. After three-and-a-half month trial, the jury returned a verdict in less than two hours in favor of Motorola on all counts, awarding $765M in compensatory and punitive damages, which was the total amount requested by Motorola. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Lead counsel for Samsung in defense of a multi-patent case brought by Demaray LLC on what it alleged to be foundational patents in the semiconductor manufacturing industry. Demaray targeted Samsung’s worldwide sales of computer chips, seeking $4 billion in damages. After a trial in the Western District of Texas, Waco Division, the jury rendered a complete victory for Samsung, finding no infringement of all asserted claims on all accused products. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Lead counsel for Apcon, Inc. in defense of a six-patent network technologies case brought by industry-leader, Gigamon, Inc. Accusing every one of Apcon’s products of infringing Gigamon’s allegedly foundational patents, and seeking to shut down Apcon, the claims at issue implicated hundreds of millions of dollars in sales. After a trial in the Eastern District of Texas, the jury rendered a complete victory for Apcon, returning a verdict of no infringement of any of the patents, and invalidating every one of the asserted patent claims. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Lead counsel for EagleView Technologies in a five-patent infringement case against a competitor in connection with decade-long dispute. The jury returned verdict a in less than one hour in favor of EagleView on all counts, finding willful infringement and awarding $125M in damages, which was the total amount requested by EagleView. The award was subsequently trebled to $375M. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.

Lead counsel in a significant jury trial win for LivePerson, Inc. in its trade secret misappropriation lawsuit against [24]7.ai, Inc. After a four-week trial, the jury sided with LivePerson on every one of its claims and awarded over $30 million in compensatory and punitive damages for trade secret misappropriation and unfair competition, finding also that [24]7’s conduct was willful and malicious.

Lead counsel for Cisco Systems, Inc. against multi-billion dollar network technologies competitor in multiple patent infringement lawsuits before the International Trade Commission and U.S. district courts. After multiple trial victories in Cisco’s favor, the dispute was settled with a public payment to Cisco of $400 million.

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 six different patents and invalidating a majority of the asserted claims. 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.

Latham & Watkins LLP, Menlo Park, CA

• Associate, 2000–2004

Thelen Reid & Priest LLP, San Francisco, CA

• Associate, Commercial Litigation, 1998–2000
• Summer Associate, Summer 1997