Arnold & Porter LLP - Beth H. Parker

Back to Biography Main »

Beth H. Parker

Partner

San Francisco

tel: +1 415.356.3051
fax: +1 415.356.3099

Beth.Parker@aporter.com

Download vCard

Practice Focus

Beth is a partner in Arnold & Porter's San Francisco office. A civil litigator, she focuses on intellectual property, complex commercial, antitrust, constitutional, and civil rights matters. She has regularly litigated cases involving patent invalidity and infringement; unfair competition; copyright, trademark, service mark, and trade dress infringement; trade disparagement; privacy and First Amendment rights; antitrust issues; misappropriation of trade secrets and employees; false advertising and violation of constitutional rights. She has extensive experience in temporary restraining orders and preliminary injunction cases. She has tried cases in both state and federal court, most recently three-week jury and three-week bench trials in the Northern District, and a two-week jury trial in the Central District of California. She has handled numerous appeals in state and federal courts, including the Federal Circuit and United States Supreme Court.

In addition to litigation, Beth has negotiated and drafted licenses, agreements and policies involving intellectual properties and privacy; handled trademark clearance, registrations, cancellation and opposition proceedings in the Patent and Trademark Office; obtained domain name transfers through ICANN; handled UDRP proceedings; and advised clients on a wide spectrum of intellectual property, antitrust and unfair competition issues. She serves as a mediator and early neutral evaluator for the United States District Court of the Northern District of California in patent, trademark, copyright, and unfair competition cases.

Representative Matters

Antitrust / Intellectual Property

Prevailed in representation of electronic payments company in antitrust and trademark infringement action, which sought US$600 million (pre-trebling) in damages. Dismissed all of plaintiff's claims on summary judgment, and defeated plaintiff's summary judgment motions. Defeated request for injunctive relief. Visa USA, Inc. v. First Data Corp., 2006 US Dist. LEXIS 32891 (N.D.Cal. 2006); 2006 US Dist. LEXIS 18482 (N.D.Cal. 2006); 369 F. Supp. 2d 1121 (N.D. Cal. 2005); 2004 US Dist. LEXIS 22475 (N.D. Cal. 2004); 241 F. Supp. 2d 1100 (N.D. Cal. 2003)
Represented electronic data company in case alleging, violation of Cartwright Act, breach of contract, unfair competition, Franchise Act violations, misappropriation of trade secrets, and implied copyright license. Successfully defeated temporary restraining order and preliminary injunction. Case reversed after majority of claims dismissed on summary judgment. Wrapsidy v. Nielsen Media Research, Santa Clara Superior Court

Patent

Lead trial counsel in patent infringement case involving design patents for light infringing diodes. Eliminated virtually all damage claims on summary judgment
Defended leading internet retailer against claims of patent infringement involving :30 sound clips; case settled after majority of claims invalidated on summary judgment. Intouch Group Inc. v. Amazon.com, Northern District of California
Prosecuted patent infringement action involving transgenic mice used to research Alzheimer's disease on behalf of pharmaceutical company. Patent upheld on appeal after district court found it invalid on summary judgment. Elan Pharmaceuticals, Inc. v. Mayo Foundation, 304 F.3d 1221, 314 F.3d 1299, 346 F.3d 1051 (Fed. Cir. 2003)
Prosecuted software patent infringement action regarding 1-click® e-commerce ordering system on behalf of leading on-line retainer. Leading Federal Circuit case establishing standards for preliminary injunctions. Amazon.com, Inc. v. Barnesandnoble.com Inc., 239 F.3d 1343 (Fed. Cir. 2001)

Misappropriations of trade secrets

Defended medical device company and its executives against claims of misappropriation of trade secrets, employee raiding, breach of contract and unfair competition; case settled after majority of plaintiff's claims dismissed. AccuImage Diagnostics Corp v. TeraRecon, Inc., 260 F. Supp. 2d 941 (N.D. Cal. 2003)
Prosecuted action for patent infringement, breach of contract and misappropriation of trade secrets for leading game developer. Case successfully settled shortly after complaint filed. Wizards of the Coast v. Nintendo, Western District of Washington

Copyright / Trademark / Trade Dress

Prosecuted major building developer for infringing copyright of neighboring developer's architectural plans. Case settled for substantial amount with established infringement on summary judgment
Defended toy manufacturer against claims of trade dress and trademark infringement. Mattel, Inc. v. Artin, USA, Central District of California
Defended clothing retailer and manufacturer against copyright infringement claims. Case dismissed for nominal sum. Yellow River v. Title 9 Sports, Southern District of New York

Constitutional / Privacy

Prevailed in challenge to first federal ban on abortion since Roe v. Wade. After three week trial, trial court found Act unconstitutional on three separate grounds, unanimously affirmed by Ninth Circuit, although reversed by the US Supreme Court. Planned Parenthood Fed'n v. Ashcroft, 320 F. Supp. 2d 957 (N.D. Cal. 2004), aff'd 435 F.3d 1163 (9th Cir.), Supreme Court (2006)
Obtained writ of mandate preventing disclosure of identities, home addresses, and phone numbers of Planned Parenthood staff and volunteers to anti-choice protestors. Planned Parenthood Golden Gate v. Foti, 83 Cal. App. 4th 347 (2000)
Obtained permanent injunctions, post trial (in federal and state court), against anti-choice protestors for invading clinic, harassing doctors, and violating patients' constitutional privacy rights. Planned Parenthood of San Mateo County v. Holy Angels Church, 765 F.Supp. 617 (N.D.Cal. 1991); Planned Parenthood v. Operation Rescue, 50 Cal. App. 4th 290 (1996), cert. denied, 522 U.S. 811 (1997)

Representative Matters

Antitrust / Intellectual Property

Prevailed in representation of electronic payments company in antitrust and trademark infringement action, which sought US$600 million (pre-trebling) in damages. Dismissed all of plaintiff's claims on summary judgment, and defeated plaintiff's summary judgment motions. Defeated request for injunctive relief. Visa USA, Inc. v. First Data Corp., 2006 US Dist. LEXIS 32891 (N.D.Cal. 2006); 2006 US Dist. LEXIS 18482 (N.D.Cal. 2006); 369 F. Supp. 2d 1121 (N.D. Cal. 2005); 2004 US Dist. LEXIS 22475 (N.D. Cal. 2004); 241 F. Supp. 2d 1100 (N.D. Cal. 2003)
Represented electronic data company in case alleging, violation of Cartwright Act, breach of contract, unfair competition, Franchise Act violations, misappropriation of trade secrets, and implied copyright license. Successfully defeated temporary restraining order and preliminary injunction. Case reversed after majority of claims dismissed on summary judgment. Wrapsidy v. Nielsen Media Research, Santa Clara Superior Court

Patent

Lead trial counsel in patent infringement case involving design patents for light infringing diodes. Eliminated virtually all damage claims on summary judgment
Defended leading internet retailer against claims of patent infringement involving :30 sound clips; case settled after majority of claims invalidated on summary judgment. Intouch Group Inc. v. Amazon.com, Northern District of California
Prosecuted patent infringement action involving transgenic mice used to research Alzheimer's disease on behalf of pharmaceutical company. Patent upheld on appeal after district court found it invalid on summary judgment. Elan Pharmaceuticals, Inc. v. Mayo Foundation, 304 F.3d 1221, 314 F.3d 1299, 346 F.3d 1051 (Fed. Cir. 2003)
Prosecuted software patent infringement action regarding 1-click® e-commerce ordering system on behalf of leading on-line retainer. Leading Federal Circuit case establishing standards for preliminary injunctions. Amazon.com, Inc. v. Barnesandnoble.com Inc., 239 F.3d 1343 (Fed. Cir. 2001)

Misappropriations of trade secrets

Defended medical device company and its executives against claims of misappropriation of trade secrets, employee raiding, breach of contract and unfair competition; case settled after majority of plaintiff's claims dismissed. AccuImage Diagnostics Corp v. TeraRecon, Inc., 260 F. Supp. 2d 941 (N.D. Cal. 2003)
Prosecuted action for patent infringement, breach of contract and misappropriation of trade secrets for leading game developer. Case successfully settled shortly after complaint filed. Wizards of the Coast v. Nintendo, Western District of Washington

Copyright / Trademark / Trade Dress

Prosecuted major building developer for infringing copyright of neighboring developer's architectural plans. Case settled for substantial amount with established infringement on summary judgment
Defended toy manufacturer against claims of trade dress and trademark infringement. Mattel, Inc. v. Artin, USA, Central District of California
Defended clothing retailer and manufacturer against copyright infringement claims. Case dismissed for nominal sum. Yellow River v. Title 9 Sports, Southern District of New York

Constitutional / Privacy

Prevailed in challenge to first federal ban on abortion since Roe v. Wade. After three week trial, trial court found Act unconstitutional on three separate grounds, unanimously affirmed by Ninth Circuit, although reversed by the US Supreme Court. Planned Parenthood Fed'n v. Ashcroft, 320 F. Supp. 2d 957 (N.D. Cal. 2004), aff'd 435 F.3d 1163 (9th Cir.), Supreme Court (2006)
Obtained writ of mandate preventing disclosure of identities, home addresses, and phone numbers of Planned Parenthood staff and volunteers to anti-choice protestors. Planned Parenthood Golden Gate v. Foti, 83 Cal. App. 4th 347 (2000)
Obtained permanent injunctions, post trial (in federal and state court), against anti-choice protestors for invading clinic, harassing doctors, and violating patients' constitutional privacy rights. Planned Parenthood of San Mateo County v. Holy Angels Church, 765 F.Supp. 617 (N.D.Cal. 1991); Planned Parenthood v. Operation Rescue, 50 Cal. App. 4th 290 (1996), cert. denied, 522 U.S. 811 (1997)

Awards

Visionary Award, Planned Parenthood: Shasta-Diablo Action Fund, 2007

California Lawyer of the Year, Pro Bono, 2005

Pro Bono NLJ Award, The National Law Journal, 2004

Harvard Legal Aid Bureau, Distinguished Alumni Award, Harvard Law School, 2004

Annual Gala Honoree, Planned Parenthood Golden Gate, 2004

Key to Choice Award, Planned Parenthood Golden Gate, 2001

Fay Stender Outstanding Service Award, California Women Lawyers, 2000

President's Pro Bono Service Award (District Four), State Bar of California, 1992

Rankings

Northern California Super Lawyers 2004-2009 for Intellectual Property Litigation, Civil Rights/First Amendment, and Alternative Dispute Resolution

One of the "Top 75 Women Litigators in California" by LA and San Francisco Daily Journals, 2005

Professional and Community Activities

Professional Activity

Mediator and Early Neutral Evaluator, US District Court, Northern District of California
Director, Association of Business Trial Lawyers (past)
Work/Life Balance Subcommittee, Bar Association of San Francisco
Director, San Francisco Bar Association (past)
President, San Francisco Women Lawyers Alliance (past)
Lawyer Representative, US District Court Northern District of California, Ninth Circuit Judicial Conference (past)

Community Activity

Chair, Board of Directors, Coro Center for Civic Leadership
Vice-Chair, Board of Directors, Equal Rights Advocates
Director, Dwight Hall Center for Public Service and Social Justice, Yale University
Vice-Chair, Board of Directors, Performing Arts Services (past)
Chair, Women's Leadership Alliance (past)

Articles

Beth H. Parker. "Top Level Domain Names: Dot Anything Goes." (PDF: 541 kB) The Computer & Internet Lawyer September 2009.

Beth H. Parker and Zachary B. Allen. "Counsel Beware - Sanctions for Failure to Disclose Can Be Severe: Lessons from Rambus and Arista." (PDF: 422 kB) Privacy & Data Security Law Journal April 2009.

Beth H. Parker. "Non-Compete Agreements and Protection of Trade Secrets Abroad." BASF (October 2006).

Beth H. Parker. "Intellectual Property Roundtable." Contributor, California Lawyer (July 2006).

Beth H. Parker. "Injunctive Relief in IP Litigation: Trends, Standards and Issues." Intellectual Property Law MCLE (2006).

Beth H. Parker. "Pre-Litigation Matters." ABA Practical Tips on Trademark Litigation (2002).

Beth H. Parker. "Mediating the Patent Case." ABA Practice Tips on Trademark Litigation (2002).

Beth H. Parker. "Sexual Harassment." ABA Employment Discrimination Law: 2000 Cumulative Supplement, 3rd ed. (2000).

Presentations

Beth H. Parker. "Mediating Intellectual Property Cases." ABA Convention, San Francisco, CA, August 2010.

Beth H. Parker. "E-Discovery: Reducing Volume Without Risking Sanctions." U.S. District Court, Northern District of California Practice Program, San Francisco, CA, August 2010.

Monty Agarwal, James S. Blackburn, Sean Morris, Beth H. Parker, John C. Ulin, Suzanne V. Wilson and Ryan M. Nishimoto. "IP/Technology: 2010 Midyear Update." Arnold & Porter LLP, Palo Alto, CA, June 8, 2010.

Beth H. Parker. ""E-Discovery: Best Practices." U.S. District Court, Northern District of California Practice Program, San Jose, CA, October 2009.

Beth H. Parker. "E-Discovery: Playing with Fire." U.S. District Court, Northern District of California Practice Program, San Francisco, CA, Jun. 2009.

Beth H. Parker. "Document Production Training." Arnold & Porter LLP Associate Training, February 25, 2009.

Beth H. Parker. "Beyond Faith Based Electronic Discovery 'Ethical Issues'." 12th Annual Electronic Discovery and Records Retention Conference, San Francisco, CA, December 10, 2008.

Beth H. Parker. "Mediation." Coro Center for Civic Leadership, San Francisco, CA, November 2008.

Beth H. Parker. "Gender, Reproductive Rights and the Supreme Court." Annual California State Bar Convention, Monterey, CA, September 25, 2008.

Beth H. Parker. "Mediating Patent Litigation." US District Court, San Francisco, CA, June 2007.

Beth H. Parker. "The Federal Abortion Ban and the Supreme Court." University of California, San Francisco, CA, May and June 2007; Hastings Law School, San Francisco, CA, February 2007; Planned Parenthood Shasta-Diablo, Concord, CA, January 2007.

Beth H. Parker. "Teen Safety and Parental Notification Cases." University of California, San Francisco, CA; Planned Parenthood Golden Gate, November 2006.

Beth H. Parker. "Non-compete Agreements and Protection of Trade Secrets Abroad." BASF International Employment Law Conference, San Francisco, CA, October 2006.

Beth H. Parker. "Intellectual Property Litigation Trends and Strategies." MCLE Intellectual Property Law Conference, Boston, MA, June 2006.

Beth H. Parker. "Emerging Issues in Patent Litigation." California Lawyer Roundtable, May 2006.

Beth H. Parker. "The Federal Abortion Ban and the Supreme Court." Boalt Hall School of Law, University of California, Berkeley, CA, April 2006.

Beth H. Parker. "Getting Value From IP Litigation." SF Intellectual Property Law Association, San Francisco, CA, March 2006.

Beth H. Parker. "The Federal Abortion Ban and the Supreme Court." Stanford Law School, Palo Alto, CA, October 2005 and March 2006.

Beth H. Parker. "Mock Trial." ABA Antitrust Spring Conference, Washington, DC, March 2006.

Beth H. Parker. "Getting Value From IP Litigation." PricewaterhouseCoopers Leadership Forum, Scottsdale, AZ, February 2006.

Beth H. Parker. "Getting Value From IP Litigation." Boston, MA 2006.

Beth H. Parker. "Sometimes a Great Motion." US District Court, San Francisco, CA, May 2005.

Beth H. Parker. "Women's Leadership Conference." Conference Board, San Diego, CA, April 2005.

Beth H. Parker. "Anonymity and Privacy Rights in an Online World." 24th Annual Institute on Computer Law, San Francisco, CA, March 2004.

Beth H. Parker. "Reflecting on Recent Developments in Trade Secret Law." 28th Annual Intellectual Property Institute, San Francisco, CA, November 2003.

Beth H. Parker. "Early Neutral Evaluation Roundtable." Alternative Dispute Resolution Unit, US District Court, Northern District of California, June 2003.

Beth H. Parker. "Privacy Problems." NAF Annual Conference, Seattle, WA, April 2003.

Beth H. Parker. "Mobile Employees: Litigation Trends." Law Seminars, San Francisco, CA, March 2003.

Beth H. Parker. "Music on the Internet." Berkeley Center for Law and Technology Society, University of California, Boalt Hall, Berkeley, CA, March 2003.

Beth H. Parker. "Reproductive Rights." Mills College Forum for Action, Oakland, CA, March 2003.

Beth H. Parker. "Pre-Litigation Strategies in Trademark Litigation." Atlanta, GA, May 2002.

Beth H. Parker. "Trade Dress Litigation." California State Bar Education Conference, San Diego, CA, January 2002.

Beth H. Parker. "Privacy on the Internet." Women Corporate Counsel Conference, San Francisco, CA, October 2001.

Beth H. Parker. "Training for Early Neutral Evaluators." Alternative Dispute Resolution Unit, US District Court, Northern District of California, September 2001.

Beth H. Parker. "Pre-Litigation Strategies in Trademark Litigation." ABA Section of Intellectual Property Law, Seattle, WA, June 2001.

Beth H. Parker. "One Click Injunction: Internet Patents and the Case of Irreparable Harm." Barristers Club, San Francisco, CA, November 2000.