Mehrnaz Boroumand Smith

Mehrnaz Boroumand Smith handles IP and complex commercial litigation for tech and consumer companies, including GoPro, Apple, Oracle, Sony, AT&T and William Sonoma. She also helps her clients enforce trademarks and, these days, advises them on the risks and promises of artificial intelligence, particularly in regard to copyright and the right of publicity.

Last year, she and her team finally brought a successful conclusion to seven years of patent, copyright and trademark litigation for the popular action camera-maker, GoPro, Inc.

The opponent was 360Heros Inc., which makes mounts that allow GoPro cameras to shoot 360-degree footage. The litigation began in April 2016 when Boroumand Smith sued the smaller company for infringing GoPro trademarks and copyrights -- including using photos of a GoPro employee in advertising.

Armed with "really strong evidence of copying," she won a summary judgment on the copyright claim. And on the trademark claim, she obtained sanctions for spoliation of evidence, leading to settlement. GoPro, Inc. v. 360Heros Inc., 291 F. Supp. 3d 1060 (N.D. Cal. dec'd, Nov. 28, 2017).

At about the same time, the mount-maker sued GoPro in Delaware for patent infringement -- allegations the California court had dismissed for lack of standing. Boroumand Smith and her team won summary judgments declaring that two of the three accused products did not infringe 360Heros' patent. Then, they won a Daubert motion excluding evidence from the plaintiff's damages expert. Finally, last April, a jury ruled the third GoPro mount also did not infringe the patent. 360Heros Inc. v. GoPro, Inc., 1:17-cv-01302 (D. Del., filed Sept. 13, 2017).

"Justice comes after a while in big lawsuits and in federal court," Boroumand Smith said. "We had a fantastic client in GoPro in that they believed that they were on the right side of this, and they didn't give up just because it was taking a long time."

Another regular client is Anritsu Corp., a San Jose and Japanese company that makes devices to test communication equipment. She won dismissals with prejudice in a pair of patent infringement cases for the company recently. For instance, in 2021 she blocked one dealing with radio access network controllers, obtaining a walk-away settlement. Decatur Licensing LLC v. Anritsu Co., 2:21-cv-00286 (E.D. Tex., filed July 28, 2021).

Boroumand Smith also has an active pro bono practice. Calling on her legal and Farsi-speaking skills, she recently obtained a U-visa and asylum for an Afghan refugee living in Atlanta.

She is also part of the team suing a school district to stop systemic discrimination against black and disabled students. B.Y. v Antelope Valley Union H.S. District, 22STCP01869 (L.A. Super. Ct., filed May 30, 2023).

-- Don DeBenedictis