Adrian C. Percer

Biography

Adrian C. Percer
Adrian Percer counsels technology companies in a wide spectrum of intellectual property matters, including patent and ITC litigation, portfolio management, patent acquisitions, dispute counseling, licensing, and freedom to operate. Mr. Percer also regularly assists the firm’s Corporate and IP Transaction Groups with matters requiring IP due diligence. He has represented clients in a wide range of technical disciplines, including software and Internet technologies, e-commerce, security, digital rights management, medical devices, cellular devices, touch screen technologies, and HVAC systems.

Mr. Percer plays an important role in developing the technical aspects of a case or matter, working with technical experts and interfacing with his clients’ engineering teams. Mr. Percer is also active in PTO proceedings and regularly represents and assists clients with post grant proceedings, including IPRs and CBMRs. Mr. Percer is registered to practice before the U.S. Patent & Trademark Office.

Recent Litigation Representations

  • Fontem v. NuMark (C.D. Cal.) – Principal technical lead for NuMark in case concerning 16 patents related to electronic cigarettes. Managing 20+ post grant proceedings. (Case ongoing.)
  • MoneyCat v. PayPal (N.D. Cal.) – Principal technical lead for PayPal in a case concerning electronic payment methods. Managing post grant proceedings for the patents-in-suit. (Secured finding of invalidity at the PTAB, on appeal to Federal Cir.)
  • Advanced Auctions v. eBay (S.D. Cal.) – Principal technical lead for eBay in a case concerning electronic auctions. (Obtained judgment on the pleadings of invalidity of all asserted claims based on lack of patentable subject matter.)
  • XPRT v. eBay et al. (D. Del.) – Principal technical lead for eBay in a case alleging $3B in damages for technology related to electronic auctions and payment systems. Managing post grant proceedings for the patents-in-suit. (Secured finding of invalidity at the PTAB, on appeal to Federal Cir.)
  • Impulse v. Microsoft Corp. et al. (D. Del.) – Principal technical lead for Microsoft, Electronic Arts, Sega, THQ, and Majesco in a patent infringement action involving Kinect and motion-sensing enabled video games. (Secured summary judgement of non-infringement from the Magistrate Judge, on appeal.)
  • Digital Reg of Texas Inc. v. Adobe Systems, Inc. et al. (N.D. Cal.) – Principal technical lead and second-chair for Adobe and Electronic Arts in a patent infringement action relating to digital rights management. (Secured jury verdict of invalidity on all asserted claims and non-infringement of one patent (jury did not reach infringement on second patent), affirmed.)
  • McRo Inc. (dba Planet Blue) v. Namco Bandai Games America, Inc. et al. (C.D. Cal.) – Principal technical lead for Namco Bandai Games America, Inc.; Sega of America, Inc.; Electronic Arts Inc.; Disney Interactive Studios, Inc.; Capcom USA, Inc.; Neversoft Entertainment, Inc.; Treyarch Corporation; Warner Bros. Interactive Entertainment; LucasArts; Activision Blizzard, Inc.; Infinity Ward, Inc.; and Index Digital Media, Inc. in a patent infringement action relating to lip synchronization and facial animation in video games. (Obtained judgment on the pleadings of invalidity of all asserted claims based on lack of patentable subject matter, appeal pending.)
  • In re Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (ITC) – Principal technical lead and second-chair for a large smart phone and computer company in an ITC investigation filed by Elan Microelectronics Corporation seeking an exclusion order barring importation of many of the client's top products. Wrote several software programs to provide visual demonstration of the accused products. (Prevailed completely.)

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