Matthew Poppe

Partner at Rimon, P.C.

Matthew Poppe

Matthew Poppe

Partner at Rimon, P.C.

Biography

Matt Poppe is a partner in the Intellectual Property and Commercial Litigation groups. His litigation experience spans a wide range of patent, other intellectual property, and commercial cases. Key clients include Varian Medical Systems, EMC (now part of Dell), eBay, Baidu, and Brocade. He has also represented a variety of Asiabased clients in U.S. litigation arising out of troubled business relationships.

In patent litigation, Matt focuses on technologies related to computer networks, data storage, software, medical devices, and semiconductors. In other IP cases, Matt has substantial experience with trade secret, copyright, and trademark litigation. Outside of IP, Matt has handled breach of contract, fraud, consumer class action, and many other types of commercial claims.

Matt has firstchair trial experience in both patent and commercial cases. Most recently, Matt was a core member of the trial team in EMC v. Pure Storage, a patent case in the District of Delaware involving data storage technology. The jury awarded $14 million to Matt’s client, EMC, and the case (and another) later settled for an even higher amount. Matt has also briefed and argued appeals, including to the Federal Circuit.

Matt is an active member of the Intellectual Property Owners Association and regularly speaks and writes on issues related to intellectual property law and litigation.

Last year, Matt served as President of the Santa Clara County Bar Association. He has spent a decade on the Board of Directors of the Silicon Valley Campaign for Legal Services, which conducts fundraising and coordinates events related to legal aid. He contributes pro bono time each year to clients in domestic violence, landlord/tenant, immigration, and consumer disputes.

Matt has been listed as a Northern California Super Lawyer since 2012. He was also named a BTI Client Service AllStar in 2017.



REPRESENTATIVE MATTERS

Patent

* EMC Corporation. Matt has represented EMC in patent cases related to data storage technology, including a recent case against competitor Pure Storage in the District of Delaware.
* Varian Medical Systems. Matt has represented Varian in patent cases related to imaging systems for radiation therapy.
* Brocade Communications Systems. Matt has represented Brocade and its subsidiary, Foundry Networks, in multipatent suits against Nortel, Alcatel, and Enterasys related to computer networking technologies.
* Nanya Technology Corp. Matt represented Nanya in ITC and district court proceedings commenced by Elpida Memory, Inc. The matter settled after a full hearing on the merits. The six patentsinsuit related to DRAM technology.
* Nikko Materials USA. Matt represented Nikko and its subsidiary, JJA, in a patent case related to copper foil laminate technology used in manufacturing multilayer printed circuit boards. Nikko/JJA won a jury verdict of willful infringement on their patent while the patent counterclaims were dismissed on summary judgment.

Trade Secret

* Intel Corp. Matt defended Intel against claims that it misappropriated trade secrets allegedly contained in commercial software Intel had purchased from a third party. The trial court dismissed Silvaco's claims on summary judgment and the decision was affirmed on appeal. Silvaco Data Systems v. Intel Corp., 184 Cal. App. 4th 210 (2010).
* Applied Materials. Matt represented Applied in connection with United States v. McDowell, a criminal case in which the defendants were convicted of crimes relating to misappropriation of Applied's trade secrets related to semiconductor manufacturing equipment.
* Matrix Pharmaceuticals. Matt represented Matrix in a trade secret action filed by Collagen Corp., which alleged misappropriation of a process for manufacturing collagen for pharmaceutical purposes.

Copyright/Trademark

* Varian Medical Systems. Matt represents Varian in a copyright case filed by an artist claiming infringement of her copyrights in drawings licensed by Varian for use in its marketing activities.
* Vigour Pak and Vigour Plastic. Matt represented Taiwanese manufacturers of paper and plastic restaurant products in a trademark case filed by their former U.S. distributor named Lollicup.
* Acxiom Corp. Matt was a member of the team that filed a trademark case on behalf of Acxiom against Axiom, Inc., resulting in a judgment for Acxiom and a permanent injunction against Axiom after a trial in the District of Delaware.

Commercial/Contract

* LIBO Cosmetics. Matt is defending Chinese/Taiwanese cosmetics packaging manufacturers against claims brought by a former U.S. sales representative claiming millions of dollars in underpaid commissions on his sales to Revlon.
* Flextronics. Matt represented Flextronics in an arbitration and related state court action in which each side charged the other with breaches of a design services agreement related to the development of medical monitoring technology.
* Vigour Pak and Vigour Plastic. Matt represented these Taiwanese companies in a contract dispute against their former U.S. distributor, Lollicup, which claimed exclusive distribution rights based on an alleged oral contract.
* ShihMing Hsieh. Matt handled two related cases involving a dispute between family members and business partners related to the operation of a golf course. Matt inherited the cases after adverse judgments had been entered against his clients. Matt obtained appellate reversals in each case, with one resulting in a published decision. Ho v. Hsieh, 181 Cal. App. 4th 337 (2010). Matt continued as lead counsel during bench trials on remand.
* Outrigger Systems, Inc. Matt represented Outrigger and its founders against Ion Beam Applications, Inc. in a case involving disputed ownership of software that Outrigger had developed.
* Pacific Bell Wireless. Matt represented PBW (later called Cingular Wireless, and now AT&T) in a license dispute arising out of a defective billing system provided by LHS. PBW defeated LHS’s claims at an arbitration hearing and obtained a multimillion dollar award on its counterclaim.

False Advertising

* Acer, Inc. Matt represented Acer in a class action false advertising case filed in the Southern District of Florida relating to notebook computers. The case was brought to a speedy, satisfactory conclusion.
* Pacific Bell Wireless. Matt successfully defended PBW against two consumer class actions, once via demurrer and once by successfully opposing certification of the class. Each favorable ruling was upheld on appeal.



PUBLICATIONS

* “Piracy Pays (The IP Owner),” The Licensing Journal (Nov./Dec. 2016) (coauthor).
* "President's Message" monthly column for the Santa Clara County Bar Association, Daily Journal (2016).
* Periodic contributions, Orrick NorCal IP Blog (20162017) and Orrick Trade Secrets Watch Blog (20132017).
* "Judge v. Jury on Claim Construction," The Recorder, July 12, 2013 (coauthor)
* "Courts Fumble With Broader 'Obviousness' Test," Daily Journal, June 26, 2013 (coauthor).
* “New Employees and the Risks Posed by the Assignor Estoppel Doctrine,” Mealey’s Litigation Report: Patents, Vol. 13, Issue #23, May 2006.
* "Guarding Trade Secrets," Employment Law Yearbook, PLI Press, 2001 and 2002 eds. (coauthor).
* "Defining the Scope of the Equal Protection Clause with Respect to Welfare Waiting Periods," 61 University of Chicago Law Review, 291, 1994.



SPEAKING ENGAGEMENTS

* Patent Trolls in the Video Game Industry, Berkeley Center of Law and Technology, September 11, 2014.
* "Fraud Issues Relating to Intellectual Property, Licensing and Brand Protection," FEISilicon Valley Chapter, Knowledge Synergized 2014, June 20, 2014.
* "Incorporating the Trade Secrets of Another Into a Patent Application," IPO Trade Secrets Committee, June 3, 2014.
* "From Trolls to the Target Breach: Evolving Tactics Used by Plaintiffs' Attorneys in Video Game Patent Litigation and Data Privacy Suits," Entertainment Soft

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Partner at King & Spalding LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Sullivan & Cromwell LLP

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Chief Executive Officer at VERITAS Software Corp.

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Senior Vice President, General Counsel & Secretary at Juniper Networks, Inc.

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Corporate Vice President & Deputy General Counsel at Intel Corp.

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Judge at United States Court of Appeals for the Ninth Circuit

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Director at Silicon Valley Campaign for Legal Services

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Partner at Ropes & Gray LLP

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Former Partner at Ropes & Gray LLP

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Matthew Poppe
Partner at Rimon, P.C.
Education
JD with High Honors, Order of the Coif
Class of 1994

University of Chicago Law School is the graduate school of law at the University of Chicago. It was founded in 1902 by a coalition of donors led by John D. Rockefeller, and is consistently one of the highest-rated law schools in the United States. The U.S. News & World Report ranks it fourth among U.S. law schools, and it is noted particularly for its influence on the economic analysis of law.

BA in International Relations & Economics with Distinction
Class of 1990

Stanford University, located between San Francisco and San Jose in the heart of California's Silicon Valley, is one of the world's leading teaching and research universities. Since its opening in 1891, Stanford has been dedicated to finding solutions to big challenges and to preparing students for leadership in a complex world.

Memberships
Member
Current

TO SERVE THE LEGAL PROFESSION AND THE GENERAL WELFARE OF THE PEOPLE OF SANTA CLARA COUNTY.

Member
Current

State Bar is currently governed by a 23-member Board of Trustees.State Bar of California is by far the largest state bar in the country. Nearly 179,000 State Bar members actively practice law in California, while the rest retain their licenses as inactive members.State Bar of California is the only state bar in the nation with independent professional judges dedicated to ruling on attorney discipline cases. The independent State Bar Court hears the charges and has the power to recommend that the California Supreme Court suspend or disbar those attorneys found to have committed acts of professional misconduct or convicted of serious crimes. For lesser offenses, it may issue public or private reprovals.

Member
1992 - 1993

The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Joseph Beale, the first Dean of the Law School, and William Rainey Harper, the first President of the University, had wanted to establish a law review sooner. The reasons for the delay, according to a letter of Professor James Parker Hall, included the small size of the faculty, the work accompanying the organization and early operations of the school, and, most importantly, the cost of publication. By the time 1 U Chi L Rev appeared in 1933, law reviews had already earned an influential place in American jurisprudence. The Supreme Court first cited a law review article in 1917. See Adams v Tanner, 224 US 590, 606, 613 (1917) (Brandeis dissenting), citing The American Labor Legislation Review. Student members of Volume One included Edward Levi, Stanley Kaplan, and Abraham Ribicoff. Authors of articles appearing in Volume One included William O. Douglas, Charles E. Clark, Charles O. Robory, Robert Hutchins, Joseph Beale, and E.W. Hinton. Over the next eight years, the Law Review grew in stature. Contributing authors included Bigelow, Pound, Wigmore, Kalven, and Williston. Student members included Bernard Meltzer, Harry Kalven, Albert Ehrenzweig, and Wally Blum, about whom it is said that, as Editor-in-Chief, he edited the Law Review at Jimmy's, beer in hand. Volume Ten marked the entry of the United States into World War II. A staff of just two students produced the first issue; with the fourth issue, the faculty assumed editorship. Volumes Ten through Thirteen, without much student work, averaged under 500 pages. After the war, the Law Review returned to the students. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students. Prominent former members include Judge Abner Mikva and Provost Geoffrey Stone (both Editors-in-Chief); Judges Frank Easterbrook, Douglas Ginsburg, Danny Boggs, David Tatel, Michael McConnell, and Robert Bork; Senator Amy Klobuchar; and Professors Marvin Chirelstein, Daniel Fischel, Lawrence Friedman, Mary Ann Glendon, Randal Picker, Dale Carpenter, Ward Farnsworth, and M. Todd Henderson. The list of authors published includes Supreme Court Justices Brennan, Clark, Douglas, Frankfurter, Scalia, and Stevens; Judges Bazelon, Breitel, Frank, Friendly, Posner, Wald, Weinstein, Williams, Winter, and Wright; Justice Roger Traynor of the California Supreme Court; and Professors Ackerman, Calabresi, Dworkin, Hart, Llewellyn, Rawls, Wigmore, Williston, and Brainerd Currie, to mention only a few names from the list of illustrious scholars. The Law Review has even published an Article by J. Edgar Hoover.

Career History
Partner
2017 - Current
Partner
Prior - 2017

Orrick, Herrington & Sutcliffe LLP is an international law firm founded in San Francisco, California. Orrick traces its roots back to 1863, making it the oldest continuously operating law firm in San Francisco. The firm is focused on serving companies in the technology, energy & infrastructure and financial sectors and practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.

Boards & Committees
Director
Current

TO RAISE AND DISTRIBUTE FUNDS FOR PROVISION OF LEGAL SERVICES FOR LOW-INCOME AND DISADVANTAGED GROUPS AND FOR LEGAL EDUCATION AND PRO BONO SERVICES IN THE SILICON VALLEY.

Member of the US Patent Law Committee
Current

Intellectual Property Owners Association (IPO), established in 1972, is a trade association for owners of patents, trademarks, copyrights and trade secrets. IPO is the only association in the U.S. that serves all intellectual property owners in all industries and all fields of technology. IPO advocates for effective and affordable IP ownership rights and provides a wide array of services to members, including: supporting member interests relating to legislative and international issues; analyzing current IP issues; information and educational services; and disseminating information to the general public on the importance of intellectual property rights.

Treasurer, Board of Trustees
Current

TO SERVE THE LEGAL PROFESSION AND THE GENERAL WELFARE OF THE PEOPLE OF SANTA CLARA COUNTY.

Non-Profit Donations & Grants

Learn how non-profit organizations benefit from RelSci
$1,000 - $2,499
2008

TO RAISE AND DISTRIBUTE FUNDS FOR PROVISION OF LEGAL SERVICES FOR LOW-INCOME AND DISADVANTAGED GROUPS AND FOR LEGAL EDUCATION AND PRO BONO SERVICES IN THE SILICON VALLEY.

$1,000 - $2,499
2007

TO RAISE AND DISTRIBUTE FUNDS FOR PROVISION OF LEGAL SERVICES FOR LOW-INCOME AND DISADVANTAGED GROUPS AND FOR LEGAL EDUCATION AND PRO BONO SERVICES IN THE SILICON VALLEY.

Political Donations
$500
2011

Former President of United States

$500
2010

The Democratic Senatorial Campaign Committee is the only organization solely dedicated to electing a Democratic Senate. From grassroots organizing to candidate recruitment to providing campaign funds for tight races, the DSCC is working hard all year, every year to elect Democrats – and give President Obama the help he needs on Capitol Hill to move our country forward.

$1,000
2007

Former President of United States

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