R. Scott Feldmann's practice is devoted to intellectual property, especially applied to content, software, computers and the Internet. He has litigated and won cases involving rights to Digital Signal Processing communications chips, MPEG technology and complex software programs. He has successfully obtained temporary restraining orders in both federal and state court on matters involving copyright infringement, misappropriation of trade secrets, trademark infringement, trade libel, breach of fiduciary duty and unfair competition. He has tried and won patent and commercial dispute cases.

Mr. Feldmann was previously a management consultant with A.T. Kearney, Inc., advising Fortune 500 companies on strategic investments.

Mr. Feldmann was also a Captain in the U.S. Air Force, where he was a test director of electronic warfare and space programs. He was awarded the Commendation Medal, and two Achievement Medals.

Mr. Feldmann was selected by his peers for inclusion in The Best Lawyers in America in the field of intellectual property law for 2007, 2008, 2009 and 2010. Mr. Feldmann was also selected as a Southern California Super Lawyer for 2009 and 2010.

Representative Cases

Patent

• TiVo Inc. v. EchoStar Communications Corp. (E.D. Tex. 2006, 2009). Special counsel representing plaintiff at trial, resulting in $74 million jury award for willful infringement of "multi-media time-warping system" patent. Responsible for conducting "blind" cross-examination of chip company witnesses. For subsequent bench trial regarding alleged contempt, elicited favorable testimony negating design-around claims. Court subsequently found contempt, and awarded further damages of $103 million.
• Digital Spectrum Solutions, Inc. v. Eastman Kodak Corp., et al. (C.D. Cal. 2007). Obtained summary judgment of non-infringement, plus dismissal of 11 other trade secret based torts, and breach of contract claim, through successful motions to dismiss.

Copyright

• Experian Information Solutions, Inc. v. Logic Quest Solutions, Inc., et al. (C.D. Cal. 2003). Represented plaintiff in action for copyright infringement, misappropriation of trade secrets, unfair competition and fraud, arising out of software piracy and kickbacks. Obtained a temporary restraining order, preliminary injunction, summary judgment and permanent injunction.
• PCI Video Products, Inc. v. Video Conferencing Communications, Inc. (D. Or. 1997). Representing plaintiff, obtained temporary restraining order without bond and subsequent permanent injunction for copyright infringement and misappropriation of trade secrets relating to video compression and decompression software.

Trade Secret

• Bendix Commercial Vehicle Systems LLC, et al. v. WABCO Automotive Control Systems, Inc. (E.D. Oh. 2009). Successfully moved to dismiss counterclaim defendant's trade secrets claim upon grounds that claim was not "facially plausible" under Twombly v. Bell Atlantic.
• Premier Ambulatory Systems, Inc. v. John Mazoros (Cal. Sup. 1996). Representing plaintiff, obtained temporary restraining order against disloyal executive for misappropriation of trade secrets.

Trademark

• Filmtown Entertainment, Inc. v. Image Comics, Inc. (Cal. Sup. 2002). Representing defendant, obtained dismissal of action on grounds that 1976 Copyright Act preempted state law claims and Lanham Act "reverse passing off," "credit-deprivation" claim.
• Network Intensive, Inc. v. Compute Intensive, Inc. (Cal. Sup. 1998). Representing defendant, obtained temporary restraining order without bond and subsequent mandatory preliminary injunction regarding alleged trademark infringement in misappropriation of Internet domain name, trade libel and unfair competition.

Commercial Litigation

• Newhope Corporation, et al. v. Yamaha Electronics Corporation USA (Cal. Sup. 2006). Representing defendant in commercial dispute, obtained summary judgment against co-plaintiff, and nonsuit against lead plaintiff. Court awarded Yamaha more than 99% of attorneys' fees requested, finding that fees were "reasonable." Affirmed upon appeal.
• Virtual Ambiance, Inc. v. Smith Micro Software, Inc. (Cal. Sup. 2001). After successfully moving to dismiss most claims, obtained ex parte terminating sanction six days prior to trial in a dispute over technology rights. Obtained monetary sanctions in parallel federal court action.

Press
Dow Jones Newswire, "Companies Try to Protect Brands While Being Facebook Hip," September 17, 2007 (quoted)
New York Times, "Who Owns the Concept if No One Signs the Papers?," August 12, 2007 (quoted)
Fortune, "eBay's Worst Nightmare," May 26, 2003 (quoted)
Forbes, "Hollywood Makes A Scapegoat Out of SONICBlue," July 8, 2002 (sourced)
The Wall Street Journal, "The Spy Next Door," February 1, 2002 (mentioned as expert)

Education
Vanderbilt University, B.E., 1982 - cum laude
Air Force Institute of Technology, M.S.E.E., 1984
University of Southern California, M.S.S.M., 1988
University of California, Berkeley, School of Law, J.D., 1993

Affiliations
Admitted to practice: California, Federal Circuit and multiple federal courts
Chair, Trade Secrets Committee, Orange County Patent Law Association
Vice-Chair, Copyright Anti-Circumvention Committee, Intellectual Property Owners Association

Pro Bono
CBS News, "Getting Paid for Good Grades," (October 20, 2006) (profiled)
"Cash for Grades," Los Angeles Times (August 15, 2006). Author: R. Scott Feldmann.

Publications
"TOP SECRET: New Developments in Trade Secret Law," INTA Proceedings (May 2009). Co-Author: R. Scott Feldmann.

"Preemption in IP Cases," Orange County Lawyer (September 2008). Author: R. Scott Feldmann.

"Virtual, Yet Real, Freedom," Orange County Register (July 27, 2008). Author: R. Scott Feldmann.

"Patent Law Gets Saner," MIT Technology Review (September/October 2007). Author: R. Scott Feldmann.

"Texas Hold 'Em: 10 Tips for Winning Patent Litigation in the Lone Star State," California Lawyer (June 2007). Co-Authors: R. Scott Feldmann and Jeffrey D. Sanok.

"Hollywood 1, Silicon Valley 0," Orange County Register (June 29, 2005). Author: R. Scott Feldmann.

"Evolving Anti-Circumvention Law Under the Digital Millenium Copyright Act," White Paper for Intellectual Property Owners Association, (June 2004). Co-Authors: Scott Feldmann, Rick Franzen and Queena Mewers.

"Rocked & Rolled," California Lawyer (January 2004). Author: R. Scott Feldmann.

"Witness to the Madness,” The Wall Street Journal, op-ed, (April 8, 1996). Author: R. Scott Feldmann.

"X-19A Forward Swept-Wing Flight Control Simulator,” National Aerospace and Electronics Conference Proceedings (April 7, 1984). Author: R. Scott Feldmann.

Speeches & Presentations
"A Practical Guide to Social Media for Lawyers," Martindale-Hubbell Counsel to Counsel Summit (October 7-8, 2009). Presenter: R. Scott Feldmann.

"TOP SECRET: Recent Developments in Trade Secrets Law," Orange County Patent Law Association, Costa Mesa (September 17, 2009). Presenter: R. Scott Feldmann.

"Cutting Edge Issues in Copyright Law," Intellectual Property Owners Association, Chicago (September 15, 2009). Co-Presenters: R. Scott Feldmann and Professor David Nimmer.

"Recent Developments in U.S. Trade Secrets Law," International Trademark Association ("INTA") Annual Meeting, Seattle (May 19, 2009). Presenter: R. Scott Feldmann.

"Effects of Recent Supreme Court Decisions and Proposed Patent Reform on Patent Litigation," Chapman University School of Law (pending). Presenter: R. Scott Feldmann.

"Technology & Entrepreneurship: Dreams, Realities & Opportunities," 6th Annual Systems on Chip Conference, Newport Beach, CA (November 6, 2008). Presenter: R. Scott Feldmann.

"Copyright Issues in Virtual Worlds," Intellectual Property Owners Association Annual Meeting, San Diego (September 22, 2008). Presenter: R. Scott Feldmann.

"Keeping Secrets, A Practical Guide," Corporate Counsel Section, Orange County Bar Association (November 8, 2005). Presenter: R. Scott Feldmann.

"Protecting and Enforcing Trade Secrets," San Diego Bar Association (September 29, 2005). Presenter: R. Scott Feldmann.

"Grokking Grokster: What is the Impact of the Supreme Court's File-Sharing Decision?" Orange County Bar Association (September 19, 2005). Presenter: R. Scott Feldmann.

"What to Do When Your Secrets Are Stolen," Orange County Patent Law Association (April 27, 2005). Presenter: R. Scott Feldmann.

"What to Do When Your Secrets Are Stolen," Association of Corporate Counsel (February 23, 2005). Presenter: R. Scott Feldmann.

"Year in Review: Top IP Cases in 2004," Orange County Bar (January 24, 2005). Presenter: R. Scott Feldmann.

"Evolving Anti-Circumvention Law Under the Digital Millennium Copyright Act," Intellectual Property Owners Association Annual Meeting (September 27, 2004). Co-Presenters: R. Scott Feldmann and Rick Franzen.

"Obtaining & Defending Against Preliminary Injunctions in IP Cases," Orange County Bar (December 15, 2003). Presenter: R. Scott Feldmann.

“Avoiding Liability From Doing Business Online,” IBLS, Global Conference on E-Commerce (September 25, 2003). Presenter: R. Scott Feldmann.

“Legal Issues Impacting Information Security,” UCLA, Wireless Internet (November 7, 2002). Presenter: R. Scott Feldmann.

“Legal Issues Impacting the Development of Wireless Security,” UCLA, Wireless Internet (May 7, 2002). Presenter: R. Scott Feldmann.

“E-Commerce: Cyberkisses, SLAPPed, and Mousetrapped,” American Electronics Association (April 11, 2002). Presenter: R. Scott Feldmann.

“Internet Law: Concerns and Recent Developments,” Orange County Bar (March 23, 2002). Presenter: R. Scott Feldmann.

“E-Commerce: Legal Issues & Concerns,” American Corporate Counsel Association (October 25, 2001). Presenter: R. Scott Feldmann.

"Privacy Law on the Internet," UCLA, Andersen School of Management (October 26, 2000). Presenter: R. Scott Feldmann.

“Internet Law: Making the Rules Up As We Go Along,” Orange County Bar Association (May 18, 1999). Presenter: R. Scott Feldmann.