Mr. Bobrow has earned a reputation with clients for managing complex cases efficiently and creatively. He is a hands-on litigator who learns and develops the critical facts, masters the technology and law, and weaves the facts and law into a story that a judge or jury will understand and embrace. Mr. Bobrow has handled cases involving multiple patents, multiple technologies, multiple parties, and multiple jurisdictions (including overseas jurisdictions and the European Patent Office). He is adept at dealing with the tensions and issues that may arise when a client is both asserting its own patent rights and defending against charges of infringement.
Mr. Bobrow has litigated in a wide variety of industries. He has litigated numerous patent matters involving integrated circuits and semiconductor process technology for such clients as Micron Technology and Applied Materials. He has handled patent cases involving numerous medical device technologies (arthroscopic electrosurgical devices, laser-based devices, coronary stents, percutaneous spine treatment devices, and breast biopsy and treatment devices) for such clients as ArthroCare and C.R. Bard. His litigation experience also extends to network communications and protocols, wireless technologies, the World Wide Web, e-commerce, digital signal processing, and database and consumer software for a variety of clients, including Microsoft, Cisco and eBay.
Mr. Bobrow has been recognized in the field of Intellectual Property: Patent by Chambers USA 2007-2016 and Chambers Global 2013-2016, with sources describing him as “a phenomenal practitioner; one of the smartest lawyers you will ever meet” and “probably the finest patent litigator I have ever worked with. He has a keen intellect and a good sense of what will resonate with judges and juries.” He has also been named a leading patent litigation attorney in California by IAM Patent Litigation 250 Magazine 2011 and by IAM Patent 1000 2012-2016. He has also been recognized as an “IP Star” in California by Managing Intellectual Property’s IP Stars 2013 guide, and was selected among the “Top IP Attorneys” in California for 2011 and 2016 by the Daily Journal, a leading legal publication in California. He has been recognized by Benchmark Litigation as a “Local Litigation Star” since 2014. He teaches patent litigation at U.C. Berkeley Law School (Boalt Hall).
Mr. Bobrow has spoken and written on patent law and patent litigation. He graduated in 1986 from Columbia Law School, where he served on the Columbia Law Review. In 1986 and 1987, he clerked for the Honorable Charles P. Sifton (E.D.N.Y.).
- Applied Materials adv. Semitool – as lead counsel, represented defendant in patent infringement action involving copper interconnect technology in the semiconductor industry. First-chaired jury trial; conducted technology tutorial and Markman claim construction hearing.
- ArthroCare v. Smith & Nephew – as lead counsel, represented plaintiff in patent infringement action involving RF electrosurgery technology. First-chaired jury trial that resulted in verdict in favor of plaintiff on three asserted patents. Conducted Markman claim construction hearing. On appeal, Federal Circuit upheld verdict on two of three asserted patents. Following appeal, plaintiff obtained consent judgment against defendant.
- Cisco adv. TiVo – as lead counsel, represented Cisco in patent litigation over DVR technology.
- C.R. Bard adv. Tyco Healthcare – as lead counsel, represented defendant in patent infringement suit involving hernia patch fixation systems. Conducted Markman hearing. Secured summary judgment of no literal infringement on eve of trial.
- eBay adv. Soverain – as lead counsel, representing eBay in ongoing patent infringement lawsuit involving so-called electronic shopping cart technology.
- In the Matter of Certain Memory Devices with Increased Capacitance and Products Containing Same – represented OKI Electric and OKI America in U.S. International Trade Commission proceeding in which complainants alleged that U.S. patent covered accused DRAM devices. Obtained summary determination of invalidity and noninfringement. As lead on appeal, argued and obtained affirmance of ITC decision on appeal before Federal Circuit Court of Appeals. See 126 F.3d 1473 (Fed. Cir. 1997).
- Loredan Biomedical, Inc. adv. Baltimore Therapeutic Equipment Co. – bench trial in favor of defendants in patent infringement action involving biomedical technology; decision affirmed on appeal. See 30 U.S.P.Q.2d 1672 (Fed. Cir. 1994).
- Micron adv. Panavision – as lead counsel, represented defendants in patent infringement action involving CMOS imager technology. Conducted Markman hearing. Secured summary judgment of no infringement.
- Micron adv. Qimonda/Jaffe – as lead counsel for Micron, representing licensee in ongoing suit involving German administrator’s efforts to terminate semiconductor cross-license in bankruptcy. Conducted direct examination of economics expert at bankruptcy hearing.
- Micron v. Rambus – represented plaintiff in complex patent infringement, fraud, equitable estoppel, and antitrust proceedings involving DRAM memory interface technology in the District of Delaware and the Northern District of California. Bench trial in Delaware on Micron’s spoliation and unclean hands defense resulted in judgment that 12 Rambus patents are unenforceable against Micron’s SDRAM and DDR SDRAM products. Served as lead counsel for Micron on bifurcated patent case and co-counsel on bifurcated spoliation and antitrust cases.
- Oracle adv. Crossroads – as lead counsel, representing Oracle in ongoing patent infringement suit involving network storage devices.
- Samsung adv. EON – as lead counsel, represented Samsung in lawsuit over so-called “dual mode” handsets. Conducted Markman hearing.
- Yahoo! et al. adv. Eolas – as lead counsel on bifurcated infringement and damages case, represented Amazon and Yahoo! in patent litigation involving embedding interactive objects, such as video, in webpages.
Bar Admissions and Memberships
- Member, Federal Circuit Court of Appeals, Ninth Circuit Court of Appeals, Northern District of California, Eastern District of California, Central District of California, Eastern District of Texas, Southern District of California, Eastern District of Texas, and Northern District of Indiana
- Member, California and American Bar Associations (Intellectual Property and Litigation Sections)