Assad Rajani is a seasoned litigator and trusted advisor representing clients in high-stakes patent, copyright, trade secret, antitrust, and general commercial matters in federal and state courts, arbitration, and the International Trade Commission. Assad represents clients across a variety of industries and technology areas, including artificial intelligence, enterprise software, enterprise network hardware, online gaming, medical devices, pharmaceuticals, biopharmaceuticals, assays and research tools, audio signal processing, LCD and e-ink displays, and telecommunications.
Beyond litigation, Assad counsels clients regarding IP strategy, patent prosecution, technology transactions, and a variety of contracts.
Assad is a tireless advocate for community service. He serves on the Board of Legal Aid of San Mateo County, where he has volunteered since 2008.
Experience
- Anthropic. In defense of copyright infringement claims involving generative AI technology brought by a putative class of books authors.
- Takeda Pharmaceuticals. In defense of antitrust claims involving settlement of Hatch-Waxman litigation involving Amitiza.
- Boston Scientific Corporation. Following a seven-day jury trial, secured a willful infringement verdict and a $158 million damages award against Cook Medical for patents relating to endoscopic clipping.
- Exelixis. Obtained an injunction to protect exclusive IP rights regarding antibody drug conjugates.
- Heraeus. Bringing trade secret misappropriation investigation before the U.S. International Trade Commission against Zimmer Biomet related to Heraeus' bone cements, resulting in a favorable global settlement in which Zimmer Biomet paid Heraeus substantial sum.
- Heraeus. Successfully defended against claims of trade secret misappropriation, false advertising, and tortious interference before the U.S. International Trade Commission.
- Hologic Inc. Successfully enforcing patents relating to endometrial ablation against a direct competitor, garnering Impact Case of the Year (2021). Obtained summary judgment of infringement, assignor estoppel, no invalidity and a jury damages award, which were successfully affirmed following appeals at the Federal Circuit and the Supreme Court.
- Hologic Inc. In defense of a patent infringement suit relating to endometrial ablation devices. Obtained summary judgment of invalidity for prior public use and an order excluding a direct competitor’s infringement theories, which were affirmed on appeal.
- Prothena Biosciences. Breach of contract action against Tufts Medical Center and others regarding Prothena's proprietary amyloid light chain antibody technology.
- Boston Scientific Corporation. Asserting patent infringement against a direct competitor on patents related to Left Atrial Appendage Closure devices.
- Google and Motorola. Defending allegations of patent infringement involving computerized handling of contact information.
- Global biopharmaceutical company. Obtained complete victory following 3-day JAMS arbitration arising out of a royalty dispute based on underlying issues of patent infringement.
- Time Warner. Obtained summary judgment of invalidity in a patent infringement suit involving video-on-demand content.
- Cephalon. ANDA litigation and IPR proceedings involving formulations of bendamustine hydrochloride.
- SSL. In a patent infringement suit involving end-to-end encryption technology, secured a $10 million jury verdict and $5 million enhancement for willful infringement, which were affirmed on appeal.
- AAT Bioquest. Enforcing patents relating to a calcium ion indicator against a direct competitor, securing summary judgment of no invalidity and no inequitable conduct.
- Elan Pharmaceuticals. Patent infringement suit involving Alzheimer’s disease assays and transgenic mice.
- Callidus. Patent infringement suit involving enterprise incentive compensation software and cross assertion of Callidus' patents. Successfully instituted CBM Review of business method patents.
- Amgen. Patent infringement lawsuit against Teva related to granulocyte colony stimulating factor, obtaining favorable settlement.
- Amgen. Patent infringement lawsuit related to erythropoietin against Roche. Favorable jury verdict on infringement and validity and secured a permanent injunction in Amgen's favor.
- Callidus. Obtained favorable settlement in patent infringement, business tort and breach of contract claims against Xactly.
- Symantec. Trade secret misappropriation and breach of contract suit involving storage management software against StorageCraft.
Perspectives
Recognition
Best Lawyers
"Ones to Watch" Intellectual Property Law – CA (2021-2025)
Northern California Super Lawyers
"Rising Star" (2013-2022)
State Bar of California Wiley W. Manuel Award (2016, 2021)
Recognition for pro bono legal services to the poor or disadvantaged and increasing access to justice.
Credentials
Education
- J.D., University of California, Berkeley, School of Law, 2007
- B.A., Syracuse University, 2004, with honors (quadruple major)
Admissions
- California
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Eastern District of Texas
Activities
- Board of Directors, President, Executive Committee, Governance Committee, Investment Committee, Development Committee, Legal Aid of San Mateo County