Rebecca L. Carson

Carson wasn’t afraid to face one of the toughest litigators in the technology industry.

Finjan Holdings Inc. filed a patent claim against Carson’s client, Juniper Networks Inc. Both parties were told to select the strongest argument and present it before a jury. That scenario heavily favored the experienced plaintiff, according to the Irell & Manella defense team.

“I knew that Finjan would put up a good fight, but I also knew from my initial analysis of the case that we had a lot of good defenses and I was really excited that Juniper wanted to stand up and fight,” she said.

Carson said she had never argued a “patent showdown” like this before, and the unique situation forced the defense team to focus on what mattered most to the case. Her argument secured a unanimous jury verdict of no infringement in December. Finjan Inc. v. Juniper Networks Inc., 17-CV5659 (N.D. Cal. filed Sept. 29, 2017).

“I think a lot of attorneys in firms assume that these big patent cases are going to settle before they get to trial and it impacts the way they litigate cases,” Carson said. “Having lots of trial experience helps me keep the big picture in mind and to be more strategic about what issues to focus on throughout the life of the case, which I think helps lead to a better result for the client.”

Juniper deputy general counsel Meredith McKenzie said Carson is always looking to collaborate and incorporate good ideas into her work.

“Rebecca is incredibly smart, articulate and always well prepared. She has a knack for taking complicated technical issues and explaining them so anyone could understand,” McKenzie said in an email.

In another case, Carson had to represent Zoll Medical Corp. after the company had already been found liable for infringing patents owned by electronics titan Koninklijke Philips.

“We really tried to focus on Zoll’s story and to focus on its own innovations and hard work,” Carson said.

In a case that originally sought $217 million in damages, Zoll ended up owing $10.4 million to Philips. Around $3 million was cancelled out because of a successful argument of Zoll’s infringement counterclaims against Philips.

“We were really able to present an authentic story and an authentic case to the jury,” Carson added. “I think that really is what helped seal the victory for them at trial.”

— Nicole Tyau