Darin Snyder

Partner

Darin Snyder is a partner in O’Melveny’s San Francisco Office and Chair of the Firm’s Intellectual Property and Technology Practice within the Firm's Adversarial Department.  Darin is also past-managing partner of the Firm’s San Francisco office.  He has extensive experience in major civil and criminal litigation and consulting matters, with an emphasis on intellectual property and technology-intensive business sectors.  Darin has wide-ranging experience in all phases of business litigation, including trial and other evidentiary hearings and appeals.  The Legal 500 has repeatedly recognized Darin, in particular, for his excellence in trade secret litigation, quoting clients who call him "'[o]ne of the West Coast’s biggest names in the area.’" Darin has also been recognized repeatedly by Law & Politics Media Inc. as a Northern California “Super Lawyer.”

Illustrative Professional Experience

Representative Trade Secret and Technology Litigation

• Represents various subsidiaries of a global media company in defending against claims by the second largest US direct broadcast satellite TV provider for alleged copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), and related claims.  The underlying technology involves the software and hardware used to create “smartcards” that decrypt subscription digital television broadcasts.  The action was tried to a jury in the Central District of California over a period of five weeks.  Although plaintiffs sought over $1 billion in damages, the jury awarded only $45.69 in actual damages and only $1000.00 in statutory damages.  Also represents the client in a similar action brought by a Spanish satellite cable provider.  Previously represented these clients in similar litigation in the Northern District of California and in a related criminal investigation conducted by the U.S. Attorney’s office.  The civil action was dismissed pursuant to a very favorable settlement for our clients, and the U.S. Attorney’s office ultimately declined to file charges. 
• Represents a leading innovator in high-performance analog and mixed-signal devices for the digital media and communications markets, and successfully defeated a motion for a preliminary injunction, in a trade secret misappropriation and copyright infringement lawsuit pending in the Northern District of California involving High-Definition Multimedia Interface (“HDMI”) chips that comply with the specification for the transmission of digital data.
• Represents a major technology innovator and global leader in semiconductors for wired and wireless communications in several civil and criminal matters involving the alleged theft of trade secrets.  Represented the client in a case involving hundreds of millions of dollars of client technology by an international ring of former and then current client employees. In cooperation with the FBI and the US Attorney’s office, the matter was investigated, the client obtained a temporary restraining order and a preliminary injunction protecting its property and, ultimately, a grand jury returned a criminal indictment against one of the defendants, charging him with multiple counts of misappropriating trade secrets.
• Represented a leading provider of Client Relationship Management (CRM) software in various litigations in state and federal court against a competitor involving alleged theft of trade secrets, false advertising, and unfair competition, including a six-week trade secret misappropriation trial against a competitor that had stolen technical and business trade secrets from the client related to CRM software.  The trial resulted in a permanent injunction and an award of several million dollars in favor of the client.
• Represented one of the world’s leading manufacturers of audio and video technology products and several subsidiaries in litigation regarding the use of sound enhancement technology in various consumer products.  While a motion for summary judgment was pending, the matter was favorably settled.
• Represented provider of recording software for storing music, video, photos, and other data on recordable compact discs in litigation involving software for making custom CDs. After being hired only weeks before trial to serve as lead counsel, the matter was favorably resolved after the court’s rulings on motions in limine.
• Represented a global provider of Internet content delivery services in trade secret litigation brought by a competitor involving content delivery networks over the Internet.  Also represented the client in pursuing claims for anti-competitive behavior and false advertising by the competitor. Successfully defended the client against the competitor’s request for a preliminary injunction that threatened to shut down the company and in a related criminal investigation conducted by the U.S. Attorney's office in San Francisco.  The litigation was resolved as part of an acquisition on terms very favorable to the client, and no criminal charges were filed.
• Represented the world’s largest Internet portal in various intellectual property matters, including pre-litigation patent and trade secret matters and various licensing disputes.
• Represented leading provider of electronic design automation (EDA) software and its predecessor in an action involving allegations of copyright infringement and trade secret misappropriation by the client and anti-competitive behavior and stock manipulation by the competitor.  Also previously represented the company in a contemporaneous criminal prosecution by the Santa Clara District Attorney’s Office.
• Represented provider of EDA software used in creating standard cells for semiconductors in prosecuting claims arising from breach of a software development and technology transfer agreement for dynamic enhancement of standard cell libraries and improvement of integrated circuit design and performance using such libraries.  After the court upheld the company’s contract, fraud, and other tort claims, the matter was settled on terms favorable to our client.
• Represented provider of software on demand for managing inter-company supply-chain processes in prosecuting claims arising from breach of a technology transfer and software development agreement related to the Client Relationship Management software.  The matter was settled on terms extremely favorable to the client.
• Represented a Japanese electronic games and movie producer in litigation over the use of certain trademarks.  The matter was resolved favorably to the client.

Representative Patent Litigation

• Represented the world’s largest provider of syndicated consumer research to the telecom and mobile media markets in asserting patent infringement claims against a competitor involving technology used in the mobile-telecommunications industry to measure wireless device and network usage and performance metrics.
• Represented three inventors in defending against a complex, multi-million dollar challenge to the ownership of patented technology for a multiple file format digital camera.  Shortly after trial began, the plaintiff agreed to drop its claims against the inventors and take a license.
• Represented a leading manufacturer of IC solutions for the worldwide analog, Ethernet and high bandwidth markets in asserting patent infringement and trade secret misappropriation claims relating to semiconductor design.  The case settled on favorable terms after the defendant agreed to take a license.
• Represented a medical device company and related entities in defending against six separate actions involving software and technology used to design and manufacture transparent orthodontic braces, including an International Trade Commission patent and trade secret investigation, a patent infringement suit in the US District Court, Western District of Wisconsin, and trade secret, trademark infringement and unfair competition actions in California federal and state courts.  The litigation was resolved through a global settlement that included a significant cash payment to the client.
• Represented a foreign manufacturer of bicycle parts and its domestic distributor in two cases against a competitor alleging patent infringement and unfair business practices involving twist shifters for bicycle derailleur systems.  Following a claim interpretation that assured victory for the client, one of the cases was administratively closed after appeal, and both cases were later settled and dismissed.
• Represented a leading provider of electronic design automation (EDA) software and its predecessor in successfully defending against patent infringement claims relating to a computer tool used by a designer of an integrated circuit layout to extract information about unwanted elements.  The parties resolved the dispute amicably, with a business solution involving a product integration plan and cross-licensing agreements.
• Represented a software provider in defending a patent infringement lawsuit involving subresolution assist features for optical lithography masks.  The case settled favorably for the client.
• Represented a Japanese chemical company in enforcing its U.S. patent on de-inking chemicals in both U.S. federal district court and in arbitration before the Japan Commercial Arbitration Association.

Professional Activities

Admitted to Practice,  U.S. District Court, Central, Northern, Eastern, and Southern Districts of California, District of Colorado; U.S. Court of Appeals, Ninth and Federal Circuits; U.S. Court of Appeals for Veteran Claims; California Supreme Court; U.S. Supreme Court
Board Member,  Bar Association of San Francisco (2004-2007); The Legal Aid Society of San Francisco - Employment Law Center
Former Co-Chair,  ABA, Intellectual Property Committee, Trade Secrets Sub-committee, Litigation Section
Speaker,  selected speaking engagements include: “Recent Intellectual Property Developments,” State Bar of California Section Education Institute (January 2007); “Staying Safe at Any Speed: Best Practices for Protecting Intellectual Property in an Age of Employee Mobility,” California Association of Corporate Counsel (October 2005); “Pre & Early Stage Patent Litigation,” Law Seminars International (October 2005); “Effective Corporate Intellectual Property Programs,” Law Seminars International (December 2004)
Co-Author,  "Designing Around the Supreme Court?  The Federal Circuit nods to the Court's design patent test and keeps going," Legal Times (October 13, 2008); "The Identification Issue," National Law Journal (August 2008); "Statute of Limitations and Trade Secret Claims:  Some Answers and Some Questions," Intellectual Property & Technology Law Journal (August 2008); “Putting the Cat Back in the Bag:  Injunctions and Other Equitable Remedies for Trade Secret Misappropriation,” ABA Intellectual Property Litigation Newsletter (Winter 2005)