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Aug. 3, 2022

Akshay Deoras

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(38) Kirkland & Ellis LLP

Akshay Deoras

SAN FRANCISCO - Akshay S. Deoras is a Kirkland & Ellis LLP partner who has had major roles in recent consequential cases as a key member of the firm's California IP litigation team. His technical background--he has a magna cum laude B.S. in electrical engineering--aids him in conducting direct- and cross-examinations of expert witnesses at major trials.

"I took electrical engineering as an undergraduate, but then realized I didn't want to be stuck in a lab all day," Deoras said. "I wanted human interaction. I ran into a lawyer at one job and realized I could combine careers. I could go talk to jurors in cases with a technology bent."

Deoras was named a Harlan Fiske Stone Scholar for superior academic achievement at Columbia University Law School.

In March 2022, he and Kirkland team members Adam R. Alper and Michael W. De Vries won a $40 million jury award for client Comet Technologies USA Inc. in a competitor-versus-competitor trade secret case that involved the development and ownership of nextgeneration semiconductor manufacturing technology. Half of the award was for punitive damages. Comet Technologies USA Inc. v. XP Power LLC, 5:20-cv-06408 (N.D. Cal., filed Sept. 11, 2020).

At the trial, Deoras conducted the direct examination of a significant Comet engineer who led the development of several of the asserted trade secrets, plus another direct exam of Comet's technical expert on liability.

"Those witness examinations were crucial to understanding why the trade secrets at issue were so important," Deoras said. "They probably took up a quarter of the trial. Both of my engineering witnesses were very detailed, somewhat in the weeds, and I was worried there was too much for the jury to understand. But you could see the jury was 100% focused and their eyes lit up at the explanations. And they could tell that our liability expert wasn't just a hired gun. We got through to them."

Deoras' team's post-trial motion for an injunction is pending. Last year he served successfully as trial counsel for defendant Apcon, Inc. in a six-patent showdown lawsuit by competitor Gigamon Inc., which demanded millions of dollars in damages and an injunction that would have closed Apcon down. After replacing previous defense counsel during fact discovery, Deoras and the Kirkland team shifted case strategy and presented winning invalidity theories. Gigamon Inc. v. Apcon Inc, 2:19-cv-00300 (E.D. Texas, filed Aug. 30, 2019).

"I cross-examined the plaintiff's experts, and it was a lot to pack into a limited amount of time," Deoras said. "As usual, I worked closely with Adam Alper to make sure we scored complimentary points and made a cohesive case."

Teamwork is essential, Deoras said. "We trust each other and have each other's back. I definitely enjoy working with this trial team."

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