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Michael Plimack, who serves as co-chair of the firm's patent litigation practice group, is a partner in the firm’s San Francisco office. He has litigated and advised clients on patent, copyright, trademark and trade secret protection. Mr. Plimack has been lead counsel in patent infringement trials in the U.S. District Court and the International Trade Commission. He has briefed and argued appeals before the U.S. Court of Appeals for the Federal Circuit and also has prosecuted several criminal jury trials on assignment to the San Francisco District Attorney's Office.
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.
- Black Hills Media, LLC v. Samsung Electronics Co., Ltd., et al, 2:13cv379 (E.D. Tex.) and Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, 337-TA-882 (USITC). Represented Samsung in this nine-patent district court litigation and related ITC Section 337 investigation involving mobile phones, tablets, televisions, Blu-Ray players and home theater 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.
- ISCO International, Inc. v. Conductus, Inc. and Superconductor Technologies, Inc., C.A. No. 04-487 (GMS)(D. Del). Represented Superconductor Technologies in this patent infringement case involving cryogenically-cooled receivers used in mobile radio systems.
- Ronald A. Katz Technology Licensing, L.P. Litigation, 2:07-ml-01816-RGK-FFM (D. Del.). Represented Ronald A. Katz Technology Licensing in this multidistrict patent infringement litigation against nearly 100 defendants involving interactive telephone, computer telephony and related services.
- 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.
What You Need To Know About Patent Litigation In Germany
July 27, 2018, Law360
Michael Plimack is quoted in Law360 regarding the importance of Germany as a global patent litigation venue. Mr. Plimack says, “Any company that is really thinking about one of these large-scale patent wars will have to look very carefully at Germany.” Because Germany does not allow for the same scope of pretrial discovery as the United States, Mr. Plimack adds, ...
Patent Owners Taking Global View In Enforcement Efforts
July 18, 2018, Law360
Michael Plimack is quoted in Law360 regarding companies in high-stakes patent disputes adopting global enforcement strategies. Mr. Plimack provided insight into why many patent disputes are litigated in German courts. He says, “Because Germany is such a large economy in the world and in Europe, it's not uncommon for battles over things like smartphones, for ...
Michael Plimack Named One of California's Top IP Lawyers
April 20, 2018
SAN FRANCISCO—The Daily Journal has named Covington partner Michael Plimack to its 2018 list of the “Top Intellectual Property Lawyers” in California. Mr. Plimack, co-chair of Covington’s Patent Litigation Practice Group, represents leading technology companies that are faced with complex patent infringement cases. In its profile, the Daily Journal highlighted ...
Top IP Lawyers: Michael Plimack
April 18, 2018, Daily Journal
Michael Plimack was named to the Daily Journal's "Top Intellectual Property Lawyers" in California list. Commenting on recent changes in patent litigation, Plimack says, "Large-scale patent litigation these days is an international affair that requires experience in all the key jurisdictions, which I believe will increasingly include China over time."
March 22, 2018
SAN FRANCISCO—Covington’s Jeffrey Davidson, Thomas Garten, Laura Muschamp, and Michael Plimack have been named among the 2018 “California Lawyer Attorneys of the Year” by the Daily Journal. This annual award recognizes lawyers in the state who have made a “significant impact on public policy, the law, the profession, or a particular practice area.” Mr. Davidson ...
9/18/2014
SAN FRANCISCO, September 18, 2014 — Covington & Burling client Hewlett-Packard Co. scored a win in its patent litigation case against Linex Technologies on September 15 when a federal judge ruled that HP is entitled to an award of attorneys’ fees. In May, U.S. District Judge Claudia Wilken in Oakland ruled in favor of HP and other electronics manufacturers, ...
August 18, 2014
WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...
August 8, 2014
SAN FRANCISCO, August 8, 2014 — Northern California Super Lawyers named Tammy Albarrán one of Northern California’s “Top 50 Women” lawyers and Robert Haslam one of the region’s “Top 100” lawyers. The publication selected 33 Covington & Burling lawyers for its 2014 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who ...
7/16/2014
WASHINGTON, DC, July 16, 2014 — Covington & Burling secured a victory on July 7, 2014 when an administrative law judge of the U.S. International Trade Commission determined that Samsung, LG and Toshiba did not violate Section 337 of the Tariff Act, a U.S. trade law frequently used by patent owners to target imports. Black Hills Media LLC, based in Delaware, ...
8/23/2012
SAN FRANCISCO, August 23, 2012 — Northern California Super Lawyers selected 24 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Northern California based on peer review and the publication’s independent research. Robert Fram and Robert Haslam were named among ...
July 13, 2011
SAN FRANCISCO, July 13, 2011 — Twenty-two Covington & Burling LLP lawyers are recognized in the 2011 edition of Northern California Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers in the state based upon peer review and the publication’s independent research. Fourteen Covington lawyers were named Northern ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Covington Announces Major Expansion of its Patent Litigation Practice and West Coast Presence
10/6/2008
WASHINGTON, DC, October 6, 2008 — Covington & Burling LLP is significantly expanding its national intellectual property litigation practice with the addition of approximately 50 lawyers in California and Washington, DC. Covington is also opening new offices in Silicon Valley, where it already has a large client base, and San Diego, which presents significant ...
- 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 (2013-2018)
- Legal 500 US, Recognized for Trade Secrets (2010, 2012-2017); Patent Litigation (2011, 2017)
- Northern California Super Lawyer, Intellectual Property Litigation (2010-2017)