Michael A. Jacobs

Jacobs has spent much of the past year representing two technology giants in battles against Google Inc.'s Android operating system, taking a lead role for Oracle Corp. in its patent and copyright infringement lawsuit against Google for infringing the Java programming language.

And he also has worked on behalf of Apple Inc. in its patent infringement complaint against Samsung Electronics Co. Ltd. for allegedly copying the design of the iPhone and iPad.

But despite the long hours he puts in for such high-profile cases, Jacobs has still found time to score some impressive wins in what he describes as a very diverse practice. In December, Circuit Judge William C. Bryson - sitting in district court - dismissed a patent infringement complaint filed by eTool Development Inc. against National Semiconductor Corp., now a subsidiary of Dallas-based Texas Instruments Inc.

The plaintiff said National Semiconductor's online design tools, used to configure electronic circuits, infringed its patent, but Bryson ruled that eTool - which sought $37 million in damages - did not present sufficient evidence of infringement to justify a trial. ETool Development Inc. v. National Semiconductor Corp., 08-196 (E.D. Tex., May 9, 2008).

"I am representing defendants against non-practicing entities that have deliberately designed their patents to target my clients' products," Jacobs said.

Earlier in the year, Jacobs completed a hard-fought victory for client Novell Inc., successfully defending on appeal a 2010 jury verdict that the company is the rightful owner of the copyrights to the UNIX operating system against claims by SCO Group Inc.

In a case watched closely by open source developers, Jacobs' efforts saved his client between $115 million and $200 million in damages. But it took more than seven years.

"This is a dispute that proved the adage that litigation is a marathon, even if it had its sprint-like moments," he said.

Of his efforts on behalf of Oracle and Apple in those pending cases, Jacobs said he takes pride in the way he and the other lawyers work together as a team. "Given the pace and challenges of modern litigation, there really isn't a lot of room for dysfunctionality," he said.

- CRAIG ANDERSON

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