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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

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Thomas Garten

Of Counsel

San Francisco +1 415 591 7052

  • About
  • Representative Matters
  • Credentials
  • About

    Tom Garten represents global technology companies in complex litigation matters, with an emphasis on patent infringement and trade secret disputes in federal courts and Section 337 investigations before the U.S. International Trade Commission (ITC). With 15 years of experience handling intellectual property litigation matters, Tom brings a depth and breadth of experience to his practice.

    Tom is called upon frequently to manage complex discovery, engage in technical patent analysis, and develop winning strategies with respect to the determination of damages awards. He has examined witnesses at trial, argued at patent claim construction and dispositive motion hearings, and first-chaired dozens of depositions.

    Through his pro bono practice, Tom has advised East Palo Alto tenants facing eviction, assisted survivors of domestic violence in obtaining restraining orders, and represented an Iraq War veteran in obtaining combat-related service pay. Tom also served as lead counsel in a criminal jury trial in partnership with the Marin County Public Defender’s Office.

    In 2018, the Daily Journal recognized Tom as a “California Lawyer Attorney of the Year,” an award conferred on lawyers that have made a “significant impact on public policy, the law, the profession, or a particular practice area.” Covington, alongside the ACLU of Southern California and Public Advocates, received this honor for securing a $150 million settlement providing funds to be distributed across 50 of the highest need middle and high schools in Los Angeles.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented Xperi Corporation in an ITC investigation involving semiconductor fabrication and packaging technologies. Following a hearing, the ALJ determined that more than 2,100 Broadcom semiconductor devices infringed Xperi’s semiconductor fabrication patent.
    • Defended Texas Instruments in a patent infringement action filed in the Eastern District of Texas involving IEEE 802.11 wireless network devices and FRAND-related defenses and counterclaims.
    • Represented Samsung in an ITC investigation and hearing involving digital content sharing patents. In a sweeping victory for Samsung, the ALJ determined that Samsung does not infringe the asserted patents, most of the asserted claims are invalid, and the complainant failed to satisfy the domestic industry requirement.
    • Represented Texas Instruments in a patent infringement action filed in the District of Delaware and subsequent appeal involving systems-on-a-chip. On the eve of trial, the Court granted summary judgment of non-infringement as to nearly every claim. The Federal Circuit affirmed the judgment on appeal.
    • Counseled Samsung in a patent infringement action filed in the Eastern District of Texas involving GPS technology.

    • Represented Fujitsu in a patent infringement action and jury trial in the Northern District of California involving IEEE 802.11 wireless network devices.
    • Defended eBay and PayPal in a patent infringement action filed in the Eastern District of Virginia involving encryption technologies.
    • Advised Samsung in a patent infringement action filed in the Central District of California involving video decompression and filtering technology.
    • Represented Samsung in an ITC investigation and hearing involving patents concerning interrupt control circuitry and inter-processor communications.
    • Represented inventor Ronald A. Katz in a multidistrict patent infringement litigation against nearly 100 defendants involving interactive telephone, computer telephony and related services.
    • Defended Ariba in a patent infringement action and trial in the District of Massachusetts relating to automated negotiation and auction software.

    Areas of Expertise

  • Credentials
    Education
    • Santa Clara University School of Law, J.D., 2006
        • cum laude
        • Order of the Coif
        • Honors Moot Court
    • University of California, San Diego, B.A., 2000
        • Political Science
        • cum laude
    Bar Admissions
    • California
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court, Eastern District of Texas
    • U.S. District Court, Western District of Texas
    • U.S. District Court, Northern District of California
    • U.S. District Court, Central District of California
    • U.S. District Court, Southern District of California
    Pro Bono
    • Representation of petitioners in action seeking to compel LAUSD to increase and improve services for low-income students, foster youth, and English language learners, as required by California’s Local Control Funding Formula. Community Coalition of South Los Angeles v. Los Angeles Unified School District et al. (Los Angeles County).
    • Representation of Alabama death row inmate in post-conviction proceedings.
    • Served as lead counsel in 3-day misdemeanor criminal jury trial in Marin County.
    • Community Legal Services in East Palo Alto Unlawful Detainer Settlement Clinic: Advise tenants facing eviction on settlement options, and negotiate settlements with landlords.
    • Assisted survivor of domestic violence in obtaining a two-year restraining order, including support payments and custody over minor children.
    • LCCR Second Chance Legal Clinic: Assist clients who are working to overcome barriers to employment and housing due to past arrest and conviction records.
    • Successfully represented an Iraq War veteran in obtaining Combat-Related Service pay.
    • Represented a tenant in litigation regarding the interpretation and application of the East Palo Alto Rent Stabilization Ordinance. Woodland Park Management, LLC v. City of East Palo Alto, et al. (San Mateo County).
    • Assisted the Lawyers’ Committee for Civil Rights in a lawsuit against the City of Modesto to enforce the California Voting Rights Act. The lawsuit alleged that the City’s at-large council elections disenfranchised Latino voters. The matter concluded with a favorable settlement. Sanchez v. City of Modesto (Stanislaus County).
    Accolades
    Previous Experience
    • Judicial Extern for the Hon. Jeremy D. Fogel, U.S. District Court, Northern District of California (2005)

    Areas of Expertise

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