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Michael K. Plimack

Partner

San Francisco +1 415 591 7002

  • About
  • Representative Matters
  • Credentials
  • About

    Mike Plimack is a co-chair of Covington’s patent litigation practice group, serving as the lead on case teams and client relationships. He has tried and won high-stakes patent cases in multiple fora, including the U.S. International Trade Commission (ITC), representing both complainants and respondents. Mike has also litigated and tried cases in district court, including securing a complete defense verdict in a fourteen-day Delaware patent trial after the jury deliberated for only 90 minutes.

    For over 30 years, Mike has represented the world’s leading technology companies in patent and trade secrets matters, including Samsung, Hewlett-Packard, Microsoft, Seagate, Huawei, and SK Innovation. He has also litigated cases for patent licensors, including Ron Katz and Xperi (formerly Tessera). These cases involve the full range of software, semiconductor, mobile device, electronics, and other technology products.

    Mike has briefed and argued appeals before the U.S. Court of Appeals for the Federal Circuit, and prosecuted several criminal jury trials while on assignment to the San Francisco District Attorney's Office.

    On a personal note, Mike rowed competitively for four years in college, and he meditates and speaks on mindfulness practices.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    International Trade Commission

    • Defended Samsung in this multi-patent investigation involving mobile phones, tablets, televisions, Blu-Ray players and home theater systems. Obtained a complete defense victory after a trial on the merits before an Administrative Law Judge and a petition for review to the Commission. Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, Inv. No. 337-TA-882.
    • Defended Samsung in this multi-patent case involving mobile phones and tablets. Shortly before trial, won a motion for summary determination that the complainant lacked standing to assert a critical patent, terminating the case in part. The litigation settled shortly thereafter. Certain Communications or Computing Devices and Components Thereof, Inv. No. 337-TA-925.
    • Brought an offensive patent case for Tessera (now Xperi) against Broadcom and its customers relating to semiconductor technologies. Following a trial on the merits, obtained a victory on the key asserted patent against a broad range of Broadcom products. The parties then settled, with Broadcom entering into a multi-year patent license agreement with Tessera. Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, Inv. No. 337-TA-1010.

    District Court

    • Represented defendant Superconductor Technologies in this patent infringement case involving cryogenically-cooled receivers used in mobile radio systems. After a two-week trial, the jury returned a complete defense verdict, including a finding that the inventor committed inequitable conduct in obtaining the patent. ISCO International, Inc. v. Conductus, Inc. and Superconductor Technologies, Inc., C.A. No. 04-487 (GMS)(D. Del).
    • Represented plaintiff Ronald A. Katz Technology Licensing in this multidistrict patent infringement litigation against nearly 100 defendants involving interactive telephone, computer telephony and related services. Ronald A. Katz Technology Licensing, L.P. Litigation, 2:07-ml-01816-RGK-FFM (D. Del.).

    Patent Infringement Litigation/Information Technology and Electrical

    • MedioStream v. Microsoft Corporation, et al., 11-02525 RS (N.D. Cal.).  Represented Microsoft in this patent infringement case relating to multimedia technology.
    • Acqis LLC v Appro International, Inc. et al., 6:09cv148 (E.D. Tex.).  Represented Hewlett-Packard in this patent infringement case concerning computer blade servers.
    • Nomadix, Inc. v. Hewlett-Packard Company, et al., 09cv8441 (C.D. Cal.).  Represented Hewlett-Packard in this patent infringement case that relates to network gateway devices.
    • Lochner Technologies LLC v. Dell Inc., et al. 2:09cv177 (E.D. Tex.).  Represented Hewlett-Packard in this patent infringement case involving modular computer systems.
    • Arendi S.A.R.L. v. Samsung Electronics Co., Ltd., et al., 1:12cv1598 (D. Del.).  Represented Samsung in this patent infringement suit brought by Arendi involving computer programs.
    • NovelPoint Tracking LLC v. Samsung Electronics America Inc., 2:12cv747 (E.D. Tex.).  Represented Samsung in this patent infringement suit brought by NovelPoint involving GPS technology.
    • Advanced Micro Devices v. Samsung Electronics Co., Ltd., 3:08-CV-0986-SI (N.D. Cal.).  Represented Samsung in this patent infringement case involving semiconductor circuitry and fabrication.
    • Saxon Innovations Corp. v. Nokia, et al., 6:07-CV-490-LED (E.D. Tex.).  Represented Samsung in this patent infringement case involving electronic circuitry.
    • Barry W. Thomas v. Samsung Electronics America, Inc., et al., 3:05-CV-510-K, (W.D. N.C.).  Represented Samsung in this patent infringement case involving cellular telephones.
    • Seagate Technology LLC v. STEC, Inc., 5:08-CV-01950 JW (HRL) (N.D. Cal.).  Represented Seagate in this patent infringement case involving solid state drives.
    • IDT Corporation v. Ronald A. Katz Technology Licensing, L.P., 04-00208 WJM-RJH (D. N.J.).  Represented Ronald A. Katz Technology Licensing in this patent infringement litigation concerning prepaid card products and services.
    • In the Matter of Certain Programmable Logic Devices And Products Containing Same, ITC Investigation No. 337-TA-453.  Represented Altera in this investigation involving patents concerning programmable logic devices.
    • Centillion Data Systems Inc. v. MCI WorldCom Inc., et al., IP98-C-1754 (S.D. Ind.).  Represented MCI WorldCom in this case involving two billing system software patents.
    • ActivCard S.A. v. VASCO Data Security International, Inc., C.A. No. 02-189 (MPT) (D. Del.).  Represented ActivCard in this patent infringement case involving authentication and encryption technology.
    • Harris Corporation v. Atmel Corporation, 98-98-A (E.D. Va.).  Represented Atmel in this patent infringement action.  The eight patents in suit relate to semiconductor circuits and processing technologies.
    • Atmel Corporation v. Agere Systems, Inc., C-03-04632 JCS (N.D. Cal.).  Represented Atmel in this patent infringement case involving digital signal processing chips.
    • Atmel Corporation v. ISD, C95-01987 SC (JL) (N.D. Cal.).  Represented Atmel in this patent infringement and trade secret misappropriation action involving the use of semiconductors in voice recording devices.
    • Atmel Corporation v. SST, C96-00039 SC (N.D. Cal.).  Represented Atmel in this patent infringement action.  The patents relate to circuits and memory cell designs for flash memory and EEPROMs.
    • In the Matter of Certain EPROM, EEPROM, Flash Memory and Flash Microcontroller Semiconductor Devices and Products Containing Same; ITC Investigation No. 337-TA-395.  Represented Atmel in this patent infringement action involving semiconductor circuitry and processing.

    Patent Infringement Litigation/Life Sciences

    • Depomed, Inc. v. Bristol-Myers Squibb Company, C02-0336 WHA (N.D. Cal.) and Depomed, Inc. v. IVAX Corporation, et al., 06-0100-CRB (N.D. Cal.).  Represented Depomed in these patent infringement cases involving oral drug delivery systems.
    • Affymetrix, Inc. v. Multilyte, Ltd., C03-3779 WHA (N.D. Cal.).  Represented Multilyte in this patent infringement case involving microarray technology.
    • BioGenex v. BioTek Solutions, C96-20151 EAI (N.D. Cal.).  Represented BioTek Solutions in this patent infringement action involving a method for restoring the antigenicity of formalin-fixed tissue, used in connection with cancer and other tests.

    Trade Secret and Copyright Litigation

    • Silvaco Data Systems v. Hewlett-Packard Company, et al., 1-05-CV-053615 (Super. Ct., Santa Clara County).  Represented Hewlett-Packard in this trade secret case involving electronic design automation (EDA) technology.
    • Atari Games Corporation and Tengen, Inc. v. Nintendo of America Inc. and Nintendo Co., Ltd., C-89-4805 FMS, C-89-0027 FMS, [Consolidated] (N.D. Cal.).  Represented Atari Games in this litigation involving three home video game patents, trademarks and the copyright protection of computer software.  Obtained the first published appellate decision holding that a computer program may be copied in order to analyze its functionality.  Implemented reverse engineering and "clean room" procedures to develop alternative computer code.
    • Performix v. Mercury Interactive Corporation, 95-1150 (E.D. Va.).  Represented Mercury Interactive in this copyright and trade secret litigation concerning automated software testing tools.
    • Roland Corporation v. DREAM, et al., CV-96-6455 (C.D. Cal.).  Represented defendants in this copyright infringement action involving musical tones generated by an electronic musical instrument.
    • American Dental Association v. Delta Dental Plan of California, C93-3700-CAL ENE (N.D. Cal.).  Represented Delta Dental in this case involving a claim of copyright infringement concerning the Code of Dental Procedures and Nomenclature published by the ADA.

    Areas of Expertise

  • Credentials
    Education
    • University of California, Berkeley School of Law, J.D., 1986
        • California Law Review, Senior Articles Editor
        • Order of the Coif
    • Brown University, A.B., 1983
        • with honors
        • magna cum laude
        • Phi Beta Kappa
        • Law and Society
    Bar Admissions
    • California
    Judicial Clerkship
    • Hon. James R. Browning, U.S. Court of Appeals, Ninth Circuit
    Pro Bono
    • Served as the senior Covington lawyer in our successful and high-profile litigation against the Los Angeles Unified School District. LAUSD used an improper accounting methodology, in violation of California law, that would have significantly underfunded spending on high-needs students. The case was settled on terms that require LAUSD to spend $150 million over three years at 50 secondary and high schools in the district. Along with others at the firm, Mike received a number of awards for the case: a California Lawyer of the Year award, awards from our co-counsel the ACLU and Public Advocates, and a commendation from the State of California.
    • Working as co-counsel with Xperi’s in-house lawyers to obtain asylum for a family that has immigrated from Honduras
    • Filing an amicus brief for Brady in support of California's law requiring background checks and in-person sales for ammunition purchases
    • Suing San Francisco in separate actions for illegally incarcerating two youths. Both cases were settled with substantial payments to our clients.
    Accolades
    • Recognized by the ACLU of Southern California with the 2018 "Education Equity Award." 
    • Recognized as a "California Lawyer Attorney of the Year" by the Daily Journal (2018).
    • Daily Journal, “Top Intellectual Property Lawyers in California” (2018) 
    • Chambers USA, America's Leading Lawyers for Business, Intellectual Property - Patent (2012-2015)
    • Benchmark Litigation, Local Star - California (2013-2019)
    • Legal 500 US, Recognized for Trade Secrets (2010, 2012-2017); Patent Litigation (2011, 2017)
    • Northern California Super Lawyer, Intellectual Property Litigation (2010-2017)

    Areas of Expertise

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