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.
Mr. Singla’s antitrust work includes representing clients in cases involving monopolization, horizontal and vertical conspiracies, sham petitioning, resale price maintenance and Robinson-Patman Act violations. He also has significant intellectual property experience in a range of areas including patent litigation, copyright, Digital Millennium Copyright Act (DMCA) and trade secret claims.
Mr. Singla often advises on matters lying at 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 several antitrust, patent and copyright cases. His trial victory on behalf of six major movie studios against RealNetworks in a lawsuit involving 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 for AbbVie Inc., 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’s representative matters include:
- NCAA as trial counsel in a nationwide class action asserting 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.
- AbbVie, Inc. as lead counsel in defense of claims by the Federal Trade Commission and a nationwide class action asserting antitrust challenges to patent settlements. FTC v. Actavis; In re Androgel Antitrust Litig.
- Takeda Pharmaceuticals, Inc. as lead counsel in obtaining denial of class certification to two proposed classes of indirect purchasers alleging that Takeda’s conduct in licensing and enforcing patents delayed entry into the market of a generic version of the muscle relaxant Skelaxin.
- Brighton Collectibles (formerly Leegin Creative Leather Products) as 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.
- 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.
- Applied Materials as lead trial and appellate counsel in a 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.
- Abbott Laboratories as one of three lead counsel 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 Ninth and Eleventh Circuits, establishing standards for patent settlements, decertifying direct-purchaser class, and invalidating class action opt-outs.
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 a member the board of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and 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.
After receiving his law degree, magna cum laude, from Harvard Law School, Mr. Singla clerked for Judge Alfred T. Goodwin of the U. S. Court of Appeals for the Ninth Circuit in Pasadena and served as a research fellow at Stanford Law School’s Law, Science & Technology Program.