Anne M. Cappella is a partner in Weil's Silicon Valley office, where she focuses on patent counseling and litigation involving complex technologies.
Ms. Cappella has a uniquely diverse intellectual property counseling practice, which includes advising clients on pre-litigation patent strategies, technical aspects of patent licensing arrangements, patent acquisitions through auctions and patent aggregators, and intellectual property due diligence in the context of M&A transactions.
Ms. Cappella also has extensive experience representing clients in complex multi-patent and multi-district litigations as well as trade secret actions. She advises on matters in federal courts and arbitration proceedings, and has particularly deep experience with matters before the U.S. International Trade Commission. She has a strong focus on high-stakes matters and regularly handles patent litigations where over $1 billion is at stake. Representative clients include Samsung, Microsoft, Cisco, Intel, Amkor, Broadcom and Matsushita, among others.
Ms. Cappella’s strong technical background—she holds a B.S. in electrical engineering with minors in computer science and mathematics and has prior work experience as an engineer and consultant for IBM—allows her to advise on areas of technology as diverse as cellular communications, memories, computer graphics, semiconductor processing and packaging, wireless and broadband communications, and integrated circuit design. She often handles the most technical aspects of patent litigations, including performing technical analysis to ensure solid claim construction, infringement, and validity arguments; overseeing technical experts and interacting with company engineers; and managing reexamination and post-grant strategy and proceedings.
- Representing a leading public technology company in a patent infringement case related to image compression technology. The case is currently on appeal after the patent claim was found invalid due to inter partes review.
- University of Minnesota v. T-Mobile – Representing T-Mobile in a patent infringement action involving error correction and encoding for wireless communications. The case is stayed pending inter partes review.
- Successfully represented a leading public technology company as the technical lead in three separate consumer class action complaints in California federal court.
- Certain Wireless Devices, Inv. No. 337-TA-745 – Represented respondent in an ITC investigation involving Motorola patents relating to WiFi, GPS, proximity sensor, data synchronization, and cellular data modulation technologies. Patents found invalid or not infringed.
- Tessera v. Amkor arbitration – Represented Amkor in an arbitration with Tessera involving numerous semiconductor packaging patents.
- Certain Wireless Devices, Inv. No. 337-TA-703 – Represented respondent in a 337 investigation involving Kodak patent relating to digital camera technology. The Kodak patent was found invalid.
- Certain Wireless Devices, Inv. No. 337-TA-663 – Represented Samsung Telecommunications in an ITC investigation involving Kodak patents relating to digital camera technology.
- Certain Cellular Phones, Inv. No. 337-TA-617 – Represented Samsung Telecommunications in an ITC investigation involving IDC relating to cellular technologies.
- Rambus, Inc. v. Samsung Electronics Co., Ltd. – Represented Samsung in patent infringement actions involving memory technologies.
- American Video Graphics v. Microsoft Corporation, et al. – Represented Microsoft in patent infringement actions involving videogame software and graphics technology.
- Broadcom v. Agere – Represented Broadcom in a multi-jurisdiction litigation involving 15 patents relating to networking, multiple wireless and broadband technologies, and integrated circuit design.
- Annapragada adv. Lam Research – Represented defendant in trade secret action involving semiconductor etch processes.
- Siege Industries, Inc. v. Clark Manufacturing – Represented Clark Manufacturing in jury trial of patent infringement and trade secret action involving computer control technology.
- KLA Instruments v. Orbot Instruments – Represented Applied Materials in patent infringement action involving reticle inspection technology.
- Coinstar, Inc. v. CoinBank Automated Systems, Inc. – Represented Coinstar in patent infringement action involving coin cleaning technology.
- Semiconductor Packaging Materials Co. v. Sumitomo Metal Electronics Devices Inc. – Represented Sumitomo in patent infringement action involving semiconductor packaging technology, patent invalidated by re-examination proceeding.
- Automated Business Companies v. OKIDATA – Represented OKIDATA in multi-defendant patent infringement action involving facsimile technology.
- Quality Semiconductor, Inc. v. Pericom Semiconductor Corp. – Represented Pericom Semiconductor in patent infringement action involving integrated circuit switch technology.
Ms. Cappella is widely regarded as a leader in the field. In 2014 and 2017, Ms. Cappella was named to the Daily Journal’s list of the Top Women Lawyers in California. The publication, which recognizes the 100 most accomplished women lawyers in the state, noted that “Cappella uses her background as an electrical engineer and a love for complicated technology to help her clients fend off patent infringement claims.” She has also been included in The Recorder’s list of the top Women Leaders in Law and was named a “2016 Women of Influence” by the Silicon Valley Business Journal.
Ms. Cappella is actively involved in a number of initiatives aimed at bettering the careers of women lawyers. She is the Silicon Valley Office leader of Women@Weil, a firm affinity group that focuses on supporting women lawyers through mentoring, networking, recruiting, retention, advancement, pro bono initiatives, business development and community outreach. Ms. Cappella is a formal mentor to several senior women associates, a frequent participant in Weil’s Mentors Across Borders program, and a regular participant in women law student and women engineer mentoring programs.