This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Adam Alper

By Pat Broderick | Apr. 19, 2012

Intellectual Property

Apr. 19, 2012

Adam Alper

See more on Adam Alper

Kirkland & Ellis LLP San Francisco



Alper described the patent battle between his clients and Wi-LAN Inc. as "a real dog fight from beginning to end."


"There were more disputes than I could ever imagine," he said.


At issue were multiple litigations related to patent assertions brought by Wi-LAN Inc., a publicly held Canadian company.


Those involved more than 20 global technology companies, including his clients, Intel Corp. and Motorola, more than 20 patents-in-suit and thousands of accused products using multiple standardized wireless technologies, including Wi-Fi, cellular and Bluetooth.


Alper oversaw a team of more than 20 Kirkland partners and associates.


He also took responsibility for the co-defendant group and frequently appeared on its behalf.


The matter settled shortly before trial, after summary judgment was entered against Wi-LAN on a number of patents in the Northern District of California and after Wi-LAN had sought to extend its own trial date in Texas.


Alper said his main strategy was to stay cool and focused.


"We had to be very proactive, making sure that we were on top of everything they were raising and the fires they were lighting," he said. "But in a measured way - not blowing things up in angry letters going back and forth. That's not my style."


Alper added, "If you allow the other side to make you look bad in discovery, it can bleed over into the merits of the case - in a bad way," he added, "and distract from what matters."


Burying an adversary in unnecessary discovery motions is a good way to alienate a judge, he said.


"On the other hand," Alper added, "we were able to capitalize on major problems with our opponents' document practices to apply additional pressure leading up to trial."

- PAT BRODERICK

<!-- Adam Alper -->

#309476

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com