Anthony de Alcuaz is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Silicon Valley office, of which Tony is the Partner-In-Charge. Tony’s practice is focused on intellectual property litigation and trials, complex commercial litigation and trials and intellectual property transactions. Tony has been involved in intellectual property disputes since 1978 and has successfully represented companies and individuals in patent, copyright, trademark, trade secret, unfair competition and related intellectual property disputes. Tony has represented both plaintiffs and defendants in state and federal courts throughout the U.S. and in appeals to the Ninth Circuit, Federal Circuit and United States Supreme Court. Tony has been recognized as a leader in Intellectual Property and the legal community, most recently in the 2011 edition of Chambers USA, which ranks U.S. attorneys based on client interviews and peer reviews, in the 2011 edition of PLC Which Lawyer? and in the 2011 edition of The Legal 500 United States for his extensive knowledge of trade secrets cases.
From 1978 to 1980, Tony served as the Deputy District Attorney for Santa Clara County, California, charged with responsibility for technology-related matters. In that capacity, he was responsible for People v. Gopal, a landmark trade secrets case and one of the first cases brought under California’s version of the Uniform Trade Secrets Act. Tony is a member of the bars of California, Texas (inactive), the Ninth Circuit, the Federal Circuit and the U.S. Supreme Court.
Representative Experience
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Since 1980, represented plaintiffs and defendants in patent actions in U.S. trial and appellate courts relating to: semiconductor process, manufacturing and circuitry; gaming equipment and game design; I/O software and hardware; consumer electronics; disk drive media; disk drive controls and head design; mixed signal and ultra low power integrated circuits; engine control systems; resource recovery and pollution controls; internet commerce; search engine and network administration software; medical devices; and other technologies.
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Successfully represented petitioners and respondents in domestic and international arbitrations relating to technology license and contract disputes.
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Represented a provider of hardware and software products in a trade secret and unfair competition action for misappropriation of technical information by a departing employee. Obtained TRO, expedited discovery, stipulated injunction and favorable settlement. Settlement included post settlement technical audit rights.
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Represented a provider of hardware and software products in an unfair competition, breach of contract and copyright dispute with departed employees relating to software. Successfully obtained expedited discovery, preliminary injunction, six figure contempt and discovery sanctions and multi-million dollar monetary settlement.
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Represented a semiconductor equipment manufacturer in a trade secret, copyright and unfair competition action against former employee for misappropriation of technical trade secrets and copyrighted training materials. Successfully obtained preliminary injunction, discovery sanctions and favorable settlement.
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Represented a semiconductor equipment manufacturer in a trade secret, unfair competition and fraud action against an employee for a defalcation scheme. Successfully coordinated the civil action with criminal authorities, including the preparation and execution of a search warrant. Obtained stipulated preliminary injunction and stipulated multi-million dollar judgment. Later successfully tried a court trial in the United States Bankruptcy Court finding that the stipulated judgment was not dischargeable under bankruptcy statutes by the co-defendant spouse of the defalcating employee.
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Represented a lighting manufacturer in a trade secret, unfair competition and patent matter relating to automated stage lighting. Tried a multiple day preliminary injunction hearing in Dallas, Texas. Obtained a finding that the asserted trade secrets were not protectable and denial of the motion for preliminary injunction.
- Represented an internet-based provider of financial services in unfair competition claim relating to internet advertising (banner ads). This action was one of the first actions initiated based upon internet advertisements. Obtained agreement withdrawing the offending advertisements and favorable settlement.
Education
- University of California-Hastings College of Law, J.D., 1975
- University of California-Santa Cruz, B.A., 1972
