Rohit K. Singla is a litigation partner focusing on antitrust and intellectual property disputes in high technology industries. He has represented clients in a wide range of technologies, including software, entertainment, videogames, pharmaceuticals and medical devices. In terms of antitrust, he has represented clients in cases involving monopolization, horizontal and vertical conspiracies, sham petitioning, resale price maintenance and Robinson-Patman Act violations. In terms of intellectual property, Mr. Singla has significant experience with not only patent litigation, but also copyright, DMCA and trade secret claims. Mr. Singla has developed a particular specialty in the intersection of antitrust and intellectual property, such as antitrust challenges to so-called “reverse payment” patent settlements, claims of sham patent litigation, technological tying and intellectual property defenses to antitrust claims.
An experienced trial lawyer, Mr. Singla has served as first or second chair trial counsel in antitrust, patent and copyright cases. His trial victory in the RealNetworks litigation, which involved DMCA, copyright and antitrust claims relating to the encryption used to protect DVDs, was recognized by the Daily Journal as one of the highest impact verdicts in California in 2009.
Mr. Singla also has an active appellate practice, having argued appeals in the Ninth, Eleventh and Federal Circuits. As lead appellate counsel, he persuaded the Federal Circuit to accept TheraSense v. Becton Dickinson, for en banc review to reconsider the law of inequitable conduct. The Federal Circuit’s 2011 opinion in TheraSense has been widely recognized as one of the most important patent-law decisions of the past few years.
Mr. Singla has handled the following representative matters:
- In re Student Athlete Litigation (N.D.Cal., ongoing): defend NCAA in nationwide class action against antitrust and intellectual property claims relating to NCAA rules that allegedly preclude collegiate basketball and football athletes from being paid for the alleged use of their name, image and likeness.
- In re Androgel Antitrust Litig. (nationwide MDL, ongoing): represent AbbVie, Inc., to defend against nationwide class action claims of sham patent litigation and antitrust challenges to patent settlements.
- In re Skelaxin Antitrust Litig. (nationwide MDL, ongoing): represent Takeda Pharmaceuticals, Inc., against nationwide class claims of sham FDA petitioning, sham patent litigation, and anticompetitive intellectual property licensing.
- Leegin Creative Leather Products (E.D.Tenn., E.D.Tex., Kansas, ongoing): national antitrust counsel defending against class action challenges to alleged resale price maintenance agreements; obtained dismissals in Tennessee, Texas, and Kansas trial and appellate courts.
- TheraSense v. Becton, Dickinson (Fed. Cir. 2011): lead appellate counsel in obtaining en banc review of the inequitable conduct doctrine.
- RealNetworks v. DVD CCA (N.D.Cal. 2008-2010): One of two lead trial counsel for the six major movie studios in obtaining an eight-month TRO and then a preliminary injunction against DVD ripping software after a lengthy bench trial; the case involved copyright, Digital Millennium Copyright Act (DMCA), contract, and antitrust claims.
- Datel Holdings v. Microsoft Corp. (N.D. Cal., 2009-2012): represented Microsoft in wide-ranging antitrust and intellectual property litigation concerning technological measures in the Xbox 360 videogame console designed to preclude unauthorized accessories. The litigation included DMCA, copyright, trade secret, patent, design patent, trademark, and Kodak “aftermarket” antitrust claims.
- MultiMetrixs LLC v. Applied Materials (Fed. Cir., 2007-2010): lead trial and appellate counsel for Applied Materials in patent suit relating to optical sensors used in semiconductor manufacturing; obtained a confession of forgery and inequitable conduct at trial and a resulting award of all attorneys’ fees; appeal to the Federal Circuit resulted in affirmance within two days of oral arguments.
- In re Terazosin Hydrochloride Antitrust Litig. (nationwide MDL, 2000-2009): one of three lead counsel for Abbott Laboratories in nationwide antitrust class action challenges to patent settlements and patent litigation; prevailed in lengthy jury trial and obtained numerous ground-breaking appellate victories in 9th and 11th Circuits, establishing standards for patent settlements, decertifying direct purchaser class, and invalidating class action opt-outs.
- Yahoo! Inc. (2005): representation of the Board of Yahoo! Inc. with respect to antitrust issues arising from proposed transactions with Microsoft and Google.
Mr. Singla has an active pro bono practice that has included a labor arbitration on behalf of an alternative high school in Oakland, a series of immigration appeals on behalf of an innocent target of post-9/11 antiterrorism investigations, a Ninth Circuit appeal in a prisoner civil rights case, asylum cases involving transgender issues, and various civil rights matters. He is Chair of the Board of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and a member of the Board of Governors of Public Advocates.
Mr. Singla received a B.S. with honors in Computer Science and an M.A. in International Policy Studies from Stanford University, where he was the first undergraduate to be awarded a teaching fellowship in the Computer Science department and spent four years as a teaching fellow. Mr. Singla then spent two years with McKinsey & Company’s Knowledge Management group in New York.
He received his law degree, magna cum laude, from Harvard Law School in 1998. After clerking for Judge Alfred T. Goodwin of the U. S. Court of Appeals for the Ninth Circuit in Pasadena, Mr. Singla spent a year as a research fellow at Stanford Law School’s Law, Science & Technology Program. He joined Munger Tolles in 2000, and was elected to the firm’s partnership in 2004.