Peter E. Gratzinger

Some of Mr. Gratzinger's key representations include: 

• Kite Pharma, Inc., a subsidiary of Gilead Sciences, in winning an intellectual property battle at the Federal Circuit between two prominent start-ups over the cancer treatment Yescarta®.
• Amgen in defending against allegations of patent infringement relating to its bevacizumab (Mvasi®) and trastuzumab (Kanjinti®) biosimilars.
• AbbVie Inc., in successfully preventing the certification of class actions by third-party payers and wholesalers of the drug Niaspan, and in a related case brought by the Orange County District Attorney on behalf of California drug purchasers, alleging “sham” settlements of patent infringement suits to prevent generic drugs from entering the market.
• Google in a multi-patent case in the U.S. District Court for the District of Nevada and six parallel proceedings before the Patent Trial and Appeal Board resulting in a combination of dismissal of claims, non-infringement findings and invalidity findings for each of the 10 patents asserted against numerous Google products, as well as Google services for mobile phones and tablets.
• Lyft, Inc. in multiple actions regarding classification of rideshare drivers and arbitration, including in the California Court of Appeal and the Ninth Circuit.
• PNC Bank, one of the largest banks in the U.S., in limiting the damages awarded in multiple patent infringement lawsuits filed by United Services Automobile Association (USAA) in the Eastern District of Texas relating to its remote check deposit patent portfolio.
• LG Display in its defense against a class action antitrust case stemming from allegations of price-fixing among manufacturers of display panels.
• 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.
• Walt Disney Company and its subsidiary ABC in a copyright and trade secret action brought by CBS alleging that the ABC reality program “The Glass House” infringed on the copyrights to the CBS reality program “Big Brother.” MTO opposed a temporary restraining order seeking to enjoin the program; CBS later dropped its case.

• “After O2 Micro: The Court's Evolving Duty to Map Words to Things,” 32 Santa Clara High Technology Journal 141 (2016)
• “Trade Secrets and Restrictive Covenants,” California Business Litigation handbook (2016)
• “Was the Telescope Obvious? An Inquiry into Simultaneous Invention,” 13 The Columbia Science and Technology Review 71 (2011)
• “Machines and Transformations: The Past, Present, and Future Patentability of Software,” 8 Northwestern Journal of Technology and Intellectual Property 247 (2010)