Tod Gamlen has been practicing business and technology litigation for over 20 years. He is highly experienced in all phases of litigation, and has acted as lead counsel in several key cases involving intellectual property and international law. Mr. Gamlen is head of the E-Discovery compliance efforts of the North America Litigation Practice Group, and is a member of the North America Pro Bono Appellate Practice Program.
Mr. Gamlen represents industry clients on cases regarding dispute resolution, particularly for failed business combinations, fiduciary duties, shareholder disputes, copyright and trademark issues, unfair competition and unfair business practices. He is seasoned in various phases of litigation, including discovery, trials and appeals in federal and state courts, as well as arbitration and other forms of alternative dispute resolution. Mr. Gamlen also headed various precedent-setting cases in the areas of intellectual property and international law.
Representative Legal Matters
- Represented a producer of terminal emulation software in an action for copyright infringement, which led to a successful jury verdict and Ninth Circuit appeal.
- Successfully represented a leading wine producer in a case that established the standards in the Ninth Circuit for when a federal district court should issue an "antisuit" injunction.
- Successfully defended a major international producer of video games against a claim of identity misappropriation.
- Defended a manufacturer of equipment used in semiconductor fabrication accused of infringing the patent on a device for use in wafer fabrication, including the appeal before the Federal Circuit.
- Successfully defended a producer of sophisticated gold mining equipment in an international arbitration before the ICC.
- Successfully defended a major Japanese company against claims of breach of fiduciary duty relating to a failed business combination.
Professional Associations and Memberships
- Association of Business Trial Lawyers
- Judge Pro-Tem (Santa Clara County)
- San Francisco Bar Association
- Santa Clara County Bar Association
- California State Bar Association
- Federal Bar Association
- American Bar Association - Sections on Litigation, Antitrust, Business Law and Intellectual Property
U.S. Supreme Court~United States (2006)
U.S. Court of Appeals, Federal Circuit~United States (1995)
U.S. District Court, Central District of California~United States (1991)
U.S. District Court, Southern District of California~United States (1986)
U.S. District Court, Eastern District of California~United States (1984)
California~United States (1978)
U.S. Court of Appeals, Ninth Circuit~United States (1978)
U.S. District Court, Northern District of California~United States (1978)
Georgetown University Law Center
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