Daily Journal Names O’Melveny’s Nissly, Samuels, Simmons to the 2014 Top Intellectual Property Lawyers List



Julie Fei
O’Melveny & Myers LLP

LOS ANGELES ─ April 9, 2014 ─
O’Melveny & Myers LLP partners Kenneth Nissly, Mark Samuels, and Luann Simmons have been named to Daily Journal’s Top Intellectual Property Lawyers list for 2014. The Daily Journal’s annual list culls the best legal talent from hundreds of submissions, honoring attorneys who “have helped to advance technological innovation and change the law during the past year, handling work critical to the future of the entertainment, medical, and technology industries.”

Nissly is recognized for his work on the lengthy battle for client SK Hynix in a 13-year patent dispute with Rambus Inc. According to the article, the case came to an end in June 2013, with a highly publicized US$240 million, five-year licensing agreement that settled all claims. The court also granted a US$250 million sanction against Rambus Inc. based on Rambus’s spoliation of evidence, one of the largest sanctions awards in U.S. history. Nissly is a partner in O'Melveny's Silicon Valley office.

The feature on Samuels details his “major victory” for client Top Victory Electronics (“TPV”) in the Eastern District of Texas in a patent infringement battle with Hitachi Consumer Electronics Co. Ltd. Hitachi asserted patents related to digital television technology and sought more than US$55 million in damages plus a substantial per unit royalty on TPV’s future sales and enhanced damages for alleged willful infringement. After trial in April 2013, the Texas jury found that TPV did not infringe and that two of Hitachi’s patents were invalid, resulting in a complete victory for TPV. Samuels is a partner in O'Melveny's Los Angeles office, the Vice-Chair of the Firm, and the Chair of the Compensation Committee.

Simmons is spotlighted for helping clients find efficient ways to combat patent troll cases, including parallel proceedings with the US Patent and Trademark office, filing for early summary judgment motions, and negotiating directly with “other side.” “Some of [our clients] are going to get 200-plus of these [patent troll] cases a year,” Simmons said in the article. “There is no way they can pay to litigate these in the same way you litigate a competitor case. So we have to find ways to handle these cases efficiently and economically and get out quicker.” Simmons is managing partner of O'Melveny's San Francisco office.

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