Partner

Send Paul an email:
paul@scklegal.com

Education

  • J.D., Notre Dame Law School, 1986
  • B.A., History, Vanderbilt University, 1982

Bar Admissions

  • California
  • Massachusetts

Overview

Prior to teaming up with Shopoff & Cavallo LLP, Paul was a partner at Townsend and Townsend and Crew LLP where he focused on antitrust, intellectual property, unfair business practice, employment, and general business litigation. He has substantial experience in class actions.

Paul also provides counseling to business clients in the areas of mergers, licensing, vertical distribution, vertical price restraints, trade secret protection, and development of antitrust compliance programs. He has tried cases in both state and federal courts and has represented companies before the Department of Justice and Federal Trade Commission.


Publications and Speaking Engagements

  • Korea Supply v. Lockheed Martin Corp., Latest Word on the Breadth – and Limitations- of Unfair Business Practices Claims under California’s Controversial Unfair Competition Law, Intellectual Property Update, April 2003 (co-authored with Mark T. Jansen).
  • Will History Repeat Itself?, California Broker, March 2003, (describing application of Cal. Bus. and Prof. Code §17200 to life insurance industry).
  • Invited Speaker at Department of Justice/Federal Trade Commission hearings re: Antitrust and Intellectual Property, May 2002.
  • The Lesson of Manufacturers Life: Implied Repeal of State Antitrust Laws Gets Even Tougher, 5 Competition 31 (Summer 1995) (co-authored with G. Crew).

Representative Cases

  • Shum v. Intel Corp. Represented plaintiff in patent inventorship and state law tort appeal and trial. Received favorable ruling from the Federal Circuit and favorable ruling on inventorship/ownership of optoelectric patents claims at trial. Shum v. Intel Corp. 499 F.3d 1272 (Fed. Cir. 2007)
  • Applied Biosystems v. Biosearch. Represented defendant Biosearch before federal district court and Federal Circuit Court of Appeals in biotech patent case. Prevailed in district court and settlement followed argument in the Federal Circuit Court of Appeal.
  • Computer Access Technology Corporation v. Catalyst Enterprises, Inc.  Represented defendant, an electronic testing equipment manufacturer in copyright, trade dress and unfair competition trial. Matter settled after post-trial motions.
  • Ellison Educational Equipment, Inc. v. QuicKutz. Represented plaintiff educational equipment manufacturer in patent inventorship, copyright and trademark matter. Obtained favorable summary judgment ruling and matter settled.
  • Global Cash Access/USA Payments v. Certify and U.S. Bank. Represented plaintiffs and cross-defendants in patent and antitrust matter involving ATM technology.
  • Dole/Ramsay v. Fresh Express. Represented defendant/plaintiff Fresh Express in contract and unfair competition actions involving patent, antitrust and trade secret claims.
  • Lingo, et al. v. Microsoft Corp. Represented California indirect purchasers of Microsoft products in prosecution of antitrust and unfair competition claims.
  • Theme v. News America. Represented plaintiff in Ninth Circuit appeal of antitrust and unfair competition matter concerning the advertising industry. Successfully reversed adverse ruling of district court.
  • Gonzales v. Kaiser Sand & Gravel Co. and Syar Industries. Represented defendant in wrongful termination action and two related antitrust class actions.
  • Hi-Tech v. CAE. Represented defendant developer of patented sawmill equipment against its competitor in an antitrust, trade secret and patent case.
  • NEC Corporation v. Hyundai Electronics Ind., Ltd., et al. Represented defendant in patent infringement matter involving DRAM design and function.
  • The Manufacturers Life Insurance Company, et al. v. Superior Court.  Represented plaintiff companies which provided consulting services in connection with the sale of annuities. Obtained a landmark ruling from the California Supreme Court. Manufacturers Life Ins. Co. v. Superior Court, 10 Cal.4th 257 (1995).
  • Cal West v. Aramark, et al. Represented Cal West, a distributor of newspaper and magazines, which charged national distributors, publishers and retailers with violations of state antitrust and unfair competition law.
  • Berclain America Latina S.A. de C.V. v. Baan, N.V., et al. Represented plaintiffs Latin American software distributors in business/unfair competition action against software manufacturer.
  • Dreyer’s Grand Ice Cream v. Wells’ Dairy, Inc. Represented defendant and cross-plaintiff, Dreyer’s, in breach of contract action.
  • Intergraph v. Intel. Represented plaintiff in antitrust matter involving important intellectual property.
  • Freedom Press v. Wii-Pict. Represented defendant, an agricultural company, against antitrust, trade secret, price discrimination and unfair competition claims.
  • Dowhal v. CDW Corporation. Represented numerous defendant retailers in unfair competition class actions concerning computer printers.
  • Leong v. AT&T Cellular. Represented plaintiff in contract action concerning cellular telephone partnership dispute. Prevailed in state court trial.
  • Bushnell v. Visual Information Service Corp. Represented defendant in breach of contract matter seeking an ownership interest high technology client. Obtained summary judgment in client’s favor.

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