Morrison & Foerster LLP
San Francisco
Patent litigation
Representing some the world's major technology companies in complicated legal matters isn't easy, but for Shanberg, it's all about "relationships and results."
"I have been fortunate to be surrounded by excellent teams, to partner with clients I enjoy, and to achieve excellent results together," the Morrison & Foerster LLP partner said.
Shanberg, who earned her law degree from the University of Texas in Austin, is now heading the litigation division at her office.
"It has an august history and a bright future," she said.
In addition to a successful trial record, Shanberg's resume lists winning summary judgments, and convincing the 9th U.S. Circuit Court of Appeals and U.S. Court of the Appeal for the Federal Circuit to affirm favorable lower-court rulings.
Last year, she defended internet music service Spotify USA Inc. in a suit filed by MOAEC Technologies LLC. MOAEC LLC v. Spotify USA Inc., 18-CV00377 (D. of Del., filed March 9, 2018).
Serving as lead counsel, she obtained a judgment of patent invalidity relating to a music organizer. In February 2019, Spotify prevailed in the District of Delaware court.
"In a first-of-its-kind hearing, the court heard arguments regarding Section 101 invalidity motions across seven cases," Shanberg explained. "The court then issued a detailed ruling from the bench in lieu of a written opinion. It was a creative experiment in efficient docket management in which I enjoyed participating."
In October, she served as lead counsel before the International Trade Commission, defending Amazon.com Inc. in a five-patent investigation against claims by auto parts manufacturer Walbro LLC. In the Matter of Certain Carburetors and Prodcts Containing Such Carburetors, 337-TA-1123 (ITC, filed June 14, 2018).
The commission affirmed the decision "and the complete victory for Amazon in the investigation," Shanberg said.
"On the eve of trial, we won summary determination of no violation in this five-patent case. The precedent-setting decision found that the complainant failed to establish that it had a domestic industry and represents the first-ever affirmed summary determination on these grounds."
She's currently representing Symantec Corp. in a nine-patent case filed last year and now pending in the Northern District of California. CUPP Cybersecurity LLC v. Symantec Corp., 19-CV00298 (N.D. Cal., filed Jan. 17, 2019). The ongoing case was initially brought in the Northern District of Texas.
On top her of regular legal duties, Shanberg is now serving as a mediator as part of the Northern District of California's Alternative Dispute Resolution panel.
"I love it," she said. "I have learned a different, but complementary, skill set. And I feel like I am really helping litigants and the court."
-- Karen Weil
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