Tod Gamlen has been practicing business and technology litigation for over 25 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 part 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 all 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
Successfully handled appeal of action on behalf of minority shareholders in software company which decision sets forth remedies courts are to consider in breach of fiduciary cases, Meister v. Mensinger, 230 Cal. App. 4th 381 (2014)
Represented a producer of terminal emulation software in an action for copyright infringement, which led to a successful jury verdict and Ninth Circuit appeal, Wall Data v. Los Angeles County Sheriff's Department, 447 F.3d 769 (9th Cir. 2006).
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, E.&J. Gallo Winery v. Andina Licores, SA, 446 F.3d 984 (9th Cir. 2006).
Successfully defended a major international producer of video games against a claim of identity misappropriation, Kirby v. Sega of America, 144 Cal. App. 4th 47 (2006).
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, Cybor Corp v. FAS Technololgies Inc, 138 F.3rd 1448 (Fed Cir. 1998).
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
- Federal Bar Association
- Association of Business Trial Lawyers
- Santa Clara County Bar Association
- American Bar Association - Sections on Litigation, Antitrust, Business Law and Intellectual Property
- Judge Pro-Tem (Santa Clara County)
- San Francisco Bar Association
- California State Bar Association
- 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)
- U.S. Court of Appeals, Ninth Circuit~United States (1978)
- California~United States (1978)
- U.S. District Court, Northern District of California~United States (1978)
- Georgetown University Law Center (1978)
- Stanford University (1973)
- San Francisco