Douglas E. Lumish

Doug Lumish heads the firm’s intellectual property group and has been recognized by the Daily Journal, Chambers USA and others as one of the nation’s top IP litigators.  Since joining the firm in 2011, Doug and the Kasowitz IP team have won jury trials and summary judgments to defeat more than $1 billion in patent infringement claims against our clients.  A seasoned trial lawyer with extensive experience trying complex patent cases involving diverse technologies, Doug’s practice is noted for winning critical patent cases for industry leading companies:

• As lead trial counsel in Tyler Texas (E.D.Tx.) for Google and YouTube in 2012, achieved a jury verdict of patent invalidity against Eolas and the University of California which asserted two patents alleged by plaintiffs and their counsel, McKool Smith, to cover all modern, interactive web pages. Doug presented opening statements and closing arguments as well as key examinations on behalf of the full defense group, after which the jury invalidated all asserted claims after only 2.5 hours of deliberation. This verdict defeated claims for hundreds of millions in damages as well as for injunctive relief.
• As lead counsel for Hitachi and Shenzen Excelstor in 2011, invalidated a patent asserted by M.I.T. and its licensee MagSil in the District of Delaware, and so defeated a claim for more than $100 million in damages and an injunction after all other defendants in the disk drive space had settled and taken a license to the patent-in-suit.
• As lead trial counsel for Hitachi in 2011, tried to a jury verdict claims by Convolve, Inc. of patent infringement based on acoustic control in disk drives. After initially hanging, the jury in Marshall Texas (E.D.Tx.) reached a compromise verdict that awarded damages of $1.4 million against Hitachi; a small fraction of the damages sought by Convolve and its counsel, Robins Kaplan.
• As lead counsel for Yahoo! in the Eastern District of Texas, obtained summary judgment of invalidity for all but two dependent claims (which were later dropped) in a patent suit brought by Paid Search Engine Tools against Yahoo!’s internet advertising technologies. As appellate counsel, helped Yahoo! secure that victory with a summary affirmance in 2012.
• Obtained partial summary judgment of divided infringement for Yahoo! in the District of Delaware against Girafa, an Israeli software company alleging infringement by the display of thumbnail images on certain Yahoo! web pages.
• Trial counsel for Microsoft which obtained a complete defense jury verdict in the Eastern District of Texas against Acacia which sought hundreds of millions of dollars in damages.
• Trial and appellate counsel for Oracle which prevailed on summary judgment and on appeal before the Federal Circuit against Mangosoft which sought more than $500 million in damages for a patent alleged to cover database clustering technology.
• Featured in Corporate Counsel's Top 10 IP Litigation Wins of 2011 for his representation of Hitachi, named by the Daily Journal in 2011 and 2012 as one of California’s top 75 IP lawyers, recognized in Chambers USA: America’s Leading Lawyers for Business in the field of Intellectual Property: Patent (2007 - 2011), the Legal 500 USA 2009 for Intellectual Property: Patent Litigation, Super Lawyers Magazine, and included on the Silicon Valley Business Journal's 2007 list of “40 people to watch” under 40 years old.
• Co-taught a patent litigation course at Stanford Law School in 2010.
• A frequent speaker and writer on patent litigation matters.