| VIRGINIA K. DEMARCHI |
 |
|
| Emphasis |
 |
|
Patent Litigation |
|
|
Intellectual Property Litigation |
|
|
| Profile |
Ms. DeMarchi represents technology clients in patent litigation and in litigation involving other forms of intellectual property.
Ms. DeMarchi has acted as trial counsel in five federal district court trials and has argued appeals to the Federal Circuit and the Ninth Circuit.
|
|
| Education |
Harvard Law School, J.D., cum laude, 1993 Stanford University, A.B., Humanities, with distinction and Honors, 1990
|
|
| Admitted to Practice |
Member of the State Bar of California and admitted to practice in the federal and state courts in California, the Court of Federal Claims, and the Courts of Appeals for the Federal Circuit and the Ninth Circuit. |
|
| Additional Information |
Before joining Fenwick & West, Ms. DeMarchi worked as a trial attorney in the Civil Division of the U.S. Department of Justice in Washington, D.C. She served as a judicial law clerk to the Honorable Steven J. McAuliffe, U.S. District Court for the District of New Hampshire following law school.
Ms. DeMarchi serves on the board of the non-profit Law Foundation of Silicon Valley.
Publications/Presentations
Navigating Contractual Indemnity Obligations for Claims of Patent Infringement, ABA IP Litigation Newsletter (January 2010).
Selected Legal Issues for Cloud Computing, CTUAA Annual Conference (December 2009).
Injunctions After eBay v. MercExchange, abridged version published in Daily Journal "Focus" column (July 27, 2007).
Recent Developments in the Law of Business Damages, Bridgeport Continuing Legal Education (June 2006).
Can Expert Witnesses Be Sued? California Litigation, vol. 14, no. 3 (2001).
Significant Litigation Matters
Patent Cases
Parallel Networks, Inc. v. FriendFinder Networks, Inc. Ms. DeMarchi defended a client in a patent infringement trial in the United States District Court for the Eastern District of Texas, where she helped the client obtain a defense damages verdict of less than $1.3 million in the face of the plaintiff’s demand of $62 million. The patents-in-suit concerned web page delivery.
Adobe Systems, Inc. v. Macromedia, Inc. Ms. DeMarchi was part of a team representing Macromedia in two patent infringement actions adverse to Adobe, involving patents for sound and graphics editing software. Ms. DeMarchi was responsible for developing and preparing Macromedia's affirmative and defensive damages positions. Macromedia obtained a net recovery from Adobe as a result of back-to-back jury trials in Delaware.
O2 Micro International v. Monolithic Power Systems. Ms. DeMarchi represented O2 Micro in the company's efforts to obtain discovery in the U.S. for use in foreign patent proceedings pursuant to 28 U.S.C. §1782, including the successful defeat of an appellate challenge in the Ninth Circuit. The case concerns issues addressed in the Supreme Court's recent decision in Intel v. AMD.
Other Intellectual Property Cases
Joby, Inc. v. Tocad America, Inc. Ms. DeMarchi represented Joby in a trade dress infringement action to protect its unique product design. Joby's motion for a preliminary injunction was resolved by stipulation and the matter settled thereafter.
CollegeNET, Inc. v. XAP Corporation. Ms. DeMarchi represented XAP in its defense against claims of patent infringement and false advertising, and second-chaired two trials on the false advertising claim. The case remains pending.
Atmel Corporation v. Information Storage Devices, Inc. Ms. DeMarchi represented ISD in this action by Atmel for patent infringement, trade secret misappropriation and breach of contract relating to semiconductor technology. Ms. DeMarchi was responsible for ISD's defense to the trade secret misappropriation and breach of contract claims, including all phases of fact and expert discovery and motion practice. She also obtained a ruling disqualifying one of Atmel's experts for failing to satisfy the Daubert/Kumho Tire standard. The decision is published at Atmel Corp. v. Information Storage Devices, 189 F.R.D. 410 (N.D.Cal. 1999).
|
|
| Representative Clients |
|
|
FriendFinder Networks, Inc. |
|
|
Goodmail Systems, Inc. |
|
|
Hewlett-Packard Company |
|
|
Joby Photo, Inc. |
|
|
Magna Entertainment Corporation |
|
|
National Products, Inc. |
|
|
Netflix, Inc. |
|
|
Novozymes North America, Inc. |
|
|
Savi Technology, Inc. |
|
|
XAP Corporation |
|
|
|
 |
|
|
|
