Simon is a partner in the firm. Simon represents clients in intellectual property disputes, class actions, and all types of commercial litigation in district courts across the country, in appeals, and in International Trade Commission investigations.
Simon joined the firm after graduating magna cum laude from Harvard Law School. In his second month as a lawyer, Simon argued a claim construction hearing (against multiple big law partners) and won on every disputed term. As an associate, Simon took dozens of fact and expert depositions, successfully argued numerous important motions, participated in five jury trials (including one resulting in an $85 million verdict for our client).
In his first year as a partner in the firm, Simon was co-lead trial counsel for the class in a class action trial in federal court under the Telephone Consumer Protection Act. The jury found that the defendant, ViSalus, had violated the TCPA 1,850,440 times, amounting to $925 million dollars in liability.
Here is the transcript of a claim construction hearing in a case involving video transmission technology in the District of Delaware. Simon argued the majority of the disputed terms. The judge ruled in our client’s favor on 12 out of the 14 disputed terms.
Here is an example of a deposition of an invalidity expert that Simon took. The expert had submitted a report opining that Simon’s client’s patent was invalid. At his deposition, Simon got him to admit that many of his opinions were wrong, that he did not understand his own report, and that his report had been drafted by the Defendant’s lawyers.
In his pro bono practice, Simon represents low income tenants in landlord-tenant disputes in collaboration with the Los Angeles Center for Community Law and Action. Simon recently obtained a full dismissal of an eviction action filed against one of his clients. Simon has also participated in the Trial Advocacy Program in collaboration with the Los Angeles City Attorney’s office.
Simon was born and grew up in Milan, Italy. When he is not at work, Simon likes to run, hike, ski, and spend time with his wife Hana and son Giovanni.
- Lead counsel for SpeakWare in a patent infringement case in the Central District of California against Apple, Amazon, Google, Microsoft, and Samsung. The case involves foundational speech-based appliance control technology.
- Co-lead trial counsel in a class action in the District of Oregon. Simon tried the case to verdict. The jury found that the Defendant had violated the TCPA 1,850,440 times, amounting to $925 million dollars in damages.
- Represents RetroVirox in a trade secret misappropriation and breach of contract case against Scripps Research.
- Lead counsel for FlexStent in a patent infringement case in the Central District of California against Abbott Labs. The case involves vascular stent technology.
- Lead counsel for the patent owner in a global IP enforcement campaign related to patented controller technology used in modern video game consoles. The case involves IP in multiple countries including the United States, Germany, and China.
- Represented TracBeam LLC, an investor-owned company that has successfully asserted its patents on wireless location against a number of industry leaders. Our team obtained numerous successful rulings during the Markman and pretrial processes. Confidential settlements were reached on the eve of separate trials in December 2013 and May 2014.
- Represented a Silicon Beach startup technology company as lead counsel in a dispute involving patent infringement, trade secret, and antitrust claims against an industry leader in an International Trade Commission investigation and in the Central District of California. The case settled on confidential terms.
- Represented SimpleAir in a series of patent infringement cases against various providers of push notification platforms including Apple, Microsoft, Blackberry and Google. Obtained numerous favorable settlements and defeated multiple inter partes reviews brought by the defendants. In the case against Google, Simon was part of the trial team that obtained an $85 million verdict for past infringement.
- Represented Mirror Worlds Technologies in a patent infringement case in the Eastern District of Texas against Apple, Microsoft, and computer manufacturers. The case involved document storage, search, and display technology developed by Yale Professor David Gelernter and Dr. Eric Freeman. An article about the outcome of the case is available here.
- Represented Klausner Technologies in a patent infringement case in the Eastern District of Texas involving visual voicemail technology against several phone makers. Simon briefed and argued the Markman hearing (just two months after becoming a lawyer) and prevailed on each of six disputed terms. The case settled on confidential terms shortly after Markman.