Experience

Below are representative samples of recent victories that the Willenken Firm has obtained for its clients:

  • Secured affirmance by the Ninth Circuit of winning result in trademark trial on behalf of firm client, ISWest.

  • Represented various companies in Anti-Cybersquatting Consumer Protection Act ("ACPA") cases throughout the country.

  • Obtained favorable arbitration award on behalf of leading cell phone provider.

  • On behalf of Ticketmaster, compelled arbitration of a class action lawsuit as required by Ticketmaster's online terms of service.

  • Obtained a highly favorable confidential settlement for several Asian entities—including one of China’s largest manufacturers of computer hard disk drives (HDDs)—in a lawsuit brought by a German company alleging the infringement of eleven (11) U.S. patents related to HDD spindle motors and integrated base plates.

  • On behalf of Coyote Ugly, obtained a consent judgment and permanent injunction against a restaurant engaging in trademark infringement of our client’s famous mark. 

  • On behalf of Microsoft, defeated class certification in a putative consumer class action alleging violation of the Song-Beverly Credit Card Act based upon the alleged illegal collection of personally identifiable information (“PII”) from consumers in brick-and-mortar stores – even in the wake of scores of retailers settling these claims on a class-wide basis across California.

  • Defended computer manufacturer in prosecution for alleged bid-rigging in the procurement of government telecommunications contracts.

  • Defended one of the world’s largest petroleum energy firms in a contract action against a major residential developer over alleged failure to remediate sub-surface benzene and hydrocarbon soil contamination.

  • Defended Procter & Gamble in a putative class action, in which the plaintiff alleged product liability, warranty, and violation of the Consumer Legal Remedies Act (“CLRA”).

  • Defended major electric utility against claims by developer that utility wrongfully prohibited access to industrial park through area impressed by transmission line easement.

  • Defended a national retail chain in a nationwide class action alleging false product warranty claims.

  • Successfully defended Procter & Gamble in a trademark infringement action stemming from its popular People’s Choice Award Show.  P&G prevailed on summary judgment, and the Ninth Circuit affirmed.

  • Defended a pharmaceutical chain in a class action alleging false advertising regarding the advertised immunity benefits of health supplements.

  • Defended a leading technology company from a multi-million breach of contract claim by a former employee.  After prevailing in a first bench trial, secured favorable settlement in the midst of a second bench trial before the Honorable Steven Wilson in the Central District of California.

  • Helped get three cases dismissed against one of the country’s largest rental car corporations.

  • Obtained complete dismissal of commercial tenant’s breach of contract case against luxury hotel chain by securing possession and a substantial judgment in a parallel unlawful detainer action against the tenant.

  • On behalf on a Fortune 500 investor owned utility, obtained the stay (and later the dismissal) of a class action complaint related to purported dangers in a meter boxes.

  • On behalf of major hospitality company, obtain a dismissal of a class action complaint after the filing of Rule 12(b)(6) motion.

  • On behalf of a Fortune 500 investor owned utility, obtain the dismissal of class action related to a dispute over a credit determination.

  • On behalf of an ICANN-accredited domain name registrar, obtained dismissal of a trademark infringement lawsuit at the pleading stage.

  • Appearing before the United States Court of Appeals for the Federal Court in a dispute regarding the nexus between the patent exhaustion doctrine and the Declaratory Judgment Act.

  • On behalf of a major national retailer, obtained a favorable individual settlement with a putative class action plaintiff.

  • On behalf of software company, obtain a favorable settlement of a patent infringement and  trade secret suits  brought to enforce the company’s intellectual property rights.

  • On behalf of a leading technology company, obtained a very favorable settlement from a major motion picture studio during a pre-litigation mediation in a contract dispute action.

  • On behalf of an award-winning technology company, secured a highly favorable settlement in a class action case involving the California Auction Act and convinced trial court to reduce Plaintiff counsel’s request for attorneys’ fees by approximately eighty-percent of the amount requested.

  • On behalf of a Southern California utility company, obtained a favorable settlement in a patent lawsuit involving 21 patents having over 1,000 claims.

  • On behalf of the world’s largest contract manufacturer of electronic components, secured highly favorable settlement shortly after pretrial conference in a patent licensing.

  • Represented leading technology company in suit against former chief engineer and other former employees for theft of trade secrets.  Obtained highly favorable settlement on the eve of taking first deposition in the matter.

  • Obtained favorable settlements for national banking and lending institution in actions brought by consumer and corporate debtors.

  • Defended a Taiwanese corporation in a federal antitrust investigation concerning an international price-fixing cartel.

  • On behalf of NBTY Manufacturing LLC, a subsidiary of NBTY, the nation's preeminent dietary supplement manufacturer, obtained summary judgment in federal court on a breach of contract lawsuit. 

  • Secured affirmance by the Ninth Circuit of a high seven-figure stipulated judgment in a patent indemnity action.

  • Defended through trial one of Southern California shopping center developers accused by property owner in adjacent industrial park of land uses conflicting with industrial park easement rights.

  • On behalf of a Fortune 500 company obtained a multimillion dollar settlement in a breach of contract dispute with another Fortune 500 company.

  • Defended a national retail chain in a nationwide class action alleging false product warranty claims.

  • On behalf of a Fortune 500  retail company, obtained a nuisance value settlement in a real estate matter—the settlement was less than 5% of Plaintiff’s initial demand.

  • On behalf of the country’s largest gas distribution utility, obtained a high seven-figure stipulated judgment in a patent indemnity action at the pretrial conference.

  • On behalf of Sears and its subsidiaries, defended a patent lawsuit alleging infringement in connection with the sale of a sporting good product.  The matter settled favorably.

  • Represented leading technology company in lawsuit alleging breach of agreements related to registrar and domain name parking services.

  • Represented one of the largest investor-owned utilities in the country against a class action brought by landowners alleging that the installation of fiber optic cables for general telecommunication purposes exceeded the scope of utility easements.

  • Represented a mobile computer accessory distributor in a patent infringement action in the District of Colorado and in a Section 337 investigation before the International Trade Commission. Both cases were settled very favorably for the firm's client.

  • Represented a national hotel chain against class action suits alleging violations of consumer privacy laws and of state and federal credit reporting acts.

  • Represented an on-line clothing company against false advertising claims regarding custom garments.

  • Represented numerous retailers in connection with various copyright infringement lawsuits involving fabric designs.

  • Represented one of the country’s largest supermarket chains in recovering an unpaid debt.

  • With co-counsel, represented leading technology company in suit against former chief engineer and other former employees for misappropriation of trade secrets. Obtained highly favorable settlement on the eve of taking first deposition in the matter.

  • Currently representing a leading public utilities company in a lawsuit arising out of a leak in a gas pipeline.

  • Before the California Court of Appeal, secured affirmance of trial court's order sustaining demurrer with prejudice in a Song-Beverly class action lawsuit.

  • On behalf of VIZIO, secured dismissal with prejudice in a patent infringement lawsuit in the District of Delaware brought by a non-practicing entity. 

  • On behalf of Ticketmaster, in a Song Beverly class action lawsuit, secured judgment on the pleadings in Ticketmaster’s favor without leave to amend.

  • On behalf of a well-known attorney referral service in Southern California, secured the transfer of various infringing domain names through the Universal Dispute Resolution Process ("UDRP").

  • On behalf of a major hospitality company, obtained a walk away settlement in a major real estate dispute.

  • On behalf of a major oil company, obtained a walk away settlement in a dispute regarding prior contamination.

  • On behalf of a national retailer, obtained a seven figure settlement in a breach of contract case on the eve of a mandatory settlement conference.  See article.

  • On behalf of a national retailer, obtained a seven figure settlement from a gaming conglomerate in a breach of contract dispute.

  • On behalf of a national retailer, obtained a seven figure settlement from a gaming conglomerate in a breach of contract dispute.

  • Selected by international coffee retailer to handle all store lease termination disputes within the State of California.

  • Defended MET-Rx Nutrition, Inc. in a putative nationwide consumer class action where plaintiffs alleged MET-Rx falsely advertised a creatine supplement as containing creatine ethyl ester (CEE) when, in fact, the supplement did not contain CEE.  Secured voluntary dismissal of the lawsuit after focused discovery.

  • On behalf of the world’s leading electronics component contract manufacturer, successfully counterclaimed against an international staffing firm for fraud and procured a dismissal of the entire complaint and a public apology one week before trial.  See article.

  • Obtained dismissal order and won the appeal on behalf of a major hospitality corporation being sued in a contract dispute.

  • Defended KeyBank, N.A. against claims of fraud, breach of contract, and negligence.  KeyBank prevailed on a demurrer, resulting in all of the claims being dismissed with prejudice.

  • Defended Microsoft in a class action lawsuit alleging Microsoft violated the Song-Beverly Credit Card Act, §1747.08 et seq. when it requested his personal identification information ("PII") during the course of an online transaction.  Firm achieved dismissal of the matter at the pleading stage.

  • Represented VIZIO in a patent infringement lawsuit in the Eastern District of Texas brought by a non-practicing entity.  The matter was favorably resolved prior to the first scheduling conference.

  • Represented Walgreen Co. in a patent infringement lawsuit in the Central District of California which settled favorably after the firm filed a request for Inter Partes Review.

  • A local municipality filed suit and placed a $2 billion electrical transmission project in grave jeopardy. The client had to complete the project in a timely manner in order to meet state-mandated requirements regarding renewable power. http://www.willenken.com/media-news-18.html

  • On behalf of KeyBank, N.A., obtained summary judgment in the bank’s favor on claims for alleged violation of the Song-Beverly Consumer Warranty Act.

  • On behalf of NBTY, Inc., the country's largest source of dietary supplements, and two of its subsidiaries, obtained summary judgment in a nationwide consumer class action

  • In a class action lawsuit alleging violation of the Song-Beverly Credit Card Act, filed a demurrer on behalf of defendant which was sustained with prejudice.

  • On behalf of an award-winning technology company, prevailed after a two-week jury trial in a trademark infringement lawsuit.

  • Defended various companies in over two dozen trademark lawsuits across the country.

  • Trial counsel for real estate developer in lawsuit by adjacent landowners seeking preliminary and permanent injunctive relief for breach of contract and tortious interference with competing easements and other property rights.

  • Appeared twice on the merits before the United States Supreme Court.

  • On behalf of a major hospitality chain, prevailed in a three-day AAA arbitration in a contract dispute including obtaining an award of attorneys' fees.

  • On behalf of a major hospitality company, prevailed at trial in a breach of contract dispute.