Perry M. Goldberg
Goldberg Lowenstein & Weatherwax LLP
Perry M. Goldberg
Harvard Law School
11400 West Olympic Blvd., Suite 400
Perry Goldberg is a founding partner of Goldberg, Lowenstein & Weatherwax LLP.
Mr. Goldberg was previously a partner for many years with Irell & Manella LLP.
He graduated in three years from the University of Pennsylvania (Wharton School of Business), receiving a B.S. in economics, summa cum laude, in 1990, graduating in the top 1% of his class.
Mr. Goldberg graduated cum laude from Harvard Law School in 1993, where he served as Editor of the Harvard Journal of Law & Technology.
Mr. Goldberg recently served on the Board of Directors of the Los Angeles Intellectual Property Law Association.
has been selected by Los Angeles Magazine numerous times, including in its most recent survey, as a Southern California "Super Lawyer."
practice focuses on intellectual property litigation, with an emphasis on patent litigation.
has been involved in several notable cases, including:
v. EchoStar Communications, Inc., a patent infringement case in which Mr. Goldberg
, the developer of the first commercially available digital video recorder (DVR).
(DISH) for infringement of a patent covering TiVo's
core DVR technology.
After a two-week trial, the jury unanimously found all of TiVo's
asserted claims to be valid and infringed by all of EchoStar's
The jury also found, by clear and convincing evidence, that the infringement was willful.
also prevailed in a subsequent bench trial on EchoStar's equitable defenses.
Mr. Goldberg took and defended key depositions in the case, including taking the deposition of EchoStar's CEO.
also examined multiple witnesses at trial on direct and cross.
The Federal Circuit affirmed the Judgment, including the full damages award and the injunction.
Following additional proceedings in which EchoStar
was held in contempt, the case ultimately settled with EchoStar
paying TiVo $500 million on top of the more than $100 million that EchoStar paid in connection with the original judgment.
Pause Technology v. TiVo Inc.
, a patent infringement case in which Mr. Goldberg's
, obtained summary judgment of non-infringement, which was affirmed on appeal by the Federal Circuit.
handled the argument in the district court as well as on appeal.
Stac Electronics v. Microsoft, a patent infringement case in which Mr. Goldberg was a member of the team representing Stac Electronics.
Stac won a jury verdict of $120 million, as well as a worldwide injunction against various Microsoft operating systems.
The case quickly settled after the injunction was granted.
Matthew Bender & Company v. West Publishing (the "star pagination case"), a copyright infringement case in which Mr. Goldberg represented Matthew Bender & Company, helping the client obtain summary judgment that the page numbers of West Publishing's National Reporter System are not copyrightable.
Mr. Goldberg deposed the corporate representative of West, obtaining a key admission that led to summary judgment.
That judgment was affirmed on appeal.
Xerox v. Hewlett-Packard Company
, a patent infringement case in which Mr. Goldberg
represented Hewlett-Packard Company
, helping H-P obtain summary judgment of non-infringement in connection with a motion drafted by Mr. Goldberg
Shortly thereafter, the parties settled that case, as well as all other patent infringement cases pending between the two companies.
also has been involved in several other complex intellectual property matters, including cases relating to internet telephony, plasma televisions, pharmaceuticals, advertising, and other products and services.
In addition, Mr. Goldberg has experience in a wide range of general litigation matters in state and federal court, including breach of contract, intentional interference, malicious prosecution, fraudulent transfer and various other types of case.
is the co-author of numerous articles pertaining to intellectual property litigation and strategy, as well as an article entitled "E-mail And The Attorney Client Privilege In California," which was published in California Litigation.
is also the author of Mergers and the Federal Antitrust Laws: A Research Guide for Practitioners (William S. Hein, 1992).