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Overview

Simon is a partner in the firm.  Simon represents clients in intellectual property disputes, class actions, and all types of commercial litigation 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 BigLaw 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.  Based on Simon’s success, Dovel & Luner was selected as a finalist for The National Law Journal’s 2020 Elite Trial Lawyers “Law Firm of the Year” award in Consumer Protection.

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 our 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.

Education

  • Harvard Law School, (J.D., magna cum laude, 2012)
  • New York University, (B.A., summa cum laude, Phi Beta Kappa, 2009)

Notable Cases

Co-lead trial counsel in a consumer class action in federal court in Oregon.  The Defendant ViSalus, a multilevel marketing company for dietary supplements, is accused of conducting massive-scale robocalling campaigns in violation of the Telephone Consumer Protection Act.  Dovel & Luner joined the case as trial counsel a few months before trial.  Simon tried the case to verdict in April 2019.  The jury found that the Defendant had violated the TCPA almost two million times, amounting to $925 million dollars in damages.

Lead counsel for RetroVirox in a trade secret misappropriation and breach of contract case.  RetroVirox alleges that researchers at Scripps Research stole RetroVirox’s confidential work on a treatment for Lassa (a hemorrhagic fever similar to Ebola), and published it in violation of several non-disclosure agreements.  The case is set to go to trial in San Diego state court in April 2020.

Lead counsel for FlexStent in a patent infringement case in the Central District of California and a related Inter Partes Review.  FlexStent alleges that Abbott Labs willfully infringed its patent on foundational vascular stent technology by making and selling drug-eluting vascular stents.

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 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 several 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 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.  The case settled on the eve of trial.  An article about the outcome of the case is available here.

Personal Facts

  • Simon met his wife Hana on their first day of college at NYU, in the University Hall dorm.
  • Simon grew up in Milan, Italy.
  • Simon drives a vespa to work most days.

Joining Dovel & Luner

I joined Dovel & Luner because I wanted to be a trial lawyer — not a document reviewer, binder-maker, or memo writer.  I couldn’t have made a better choice.

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