- University of Virginia School of Law (J.D., 2007); Journal of Social Policy and the Law
- University of San Diego (B.A., Psychology and Communication Studies, 2004), summa cum laude; Phi Beta Kappa
Rebecca Carson is a partner in the Newport Beach office of Irell & Manella LLP, where she is a member of the litigation and intellectual property practice groups.
Ms. Carson was named to Benchmark Litigation’s inaugural Under 40 Hot List in 2016 and has been named a "Rising Star" by Super Lawyers magazine each year since 2013. Her practice encompasses a wide range of commercial litigation matters, with a particular focus on complex intellectual property and general business disputes. She has experience litigating and counseling clients in a variety of industries, including the computer networking, software, semiconductor, medical device, pharmacy, healthcare, and real estate industries.
Ms. Carson is co-hiring partner for the firm's Newport Beach office and an active member of the firm’s Pro Bono Committee. She has devoted a significant amount of time to the community. The Laguna Beach City Council has appointed Ms. Carson to various advisory committees since 2011. For example, she currently serves on the city’s View Restoration Committee, which adjudicates view claims submitted by property owners to restore pre-existing views that are alleged to be significantly impaired by vegetation. Prior to that, she served two terms on the Parking, Transportation & Circulation Committee (including as the elected chairperson of the committee in 2015) and also participated in the inaugural class of Leadership Laguna in 2016. In addition, Ms. Carson has dedicated time to the Public Law Center, including as a board member of PLC Advocates, the junior board for the organization, from 2014-2015 and as a member of the Silent Auction Committee for the Volunteers for Justice Dinner in 2015 and 2016. Ms. Carson is also a member of the Howard T. Markey Intellectual Property Inn of Court.
Ms. Carson received her J.D. from the University of Virginia School of Law, where she served on the articles review board of the Journal of Social Policy and the Law, was a semi-finalist in the annual Lile Moot Court Competition, and was awarded as one of the Best Oral Advocates of her first year class. She earned her B.A. in Psychology and Communication Studies, summa cum laude, from the University of San Diego.
- Brixham Solutions LTD v. Juniper Networks, Inc. (N.D. Cal.): Ms. Carson is representing Juniper in a patent lawsuit in the Northern District of California in which Brixham has asserted a number of patents relating to router technologies. The district court case was stayed after Juniper filed inter partes review petitions regarding the patents-in-suit. The PTAB invalidated each of the asserted claims, and that decision was recently upheld by the Federal Circuit.
- Koninklijke Philips N.V. et al. v. ZOLL Medical Corp. and Koninklijke Philips N.V. et. al. v. ZOLL Lifecor Corp. Ms. Carson is currently representing ZOLL Medical Corp. in two cases pending in the District of Massachusetts and ZOLL Lifecor Corp. in a case pending in the Western District of Pennsylvania, in which both ZOLL entities have been sued for patent infringement relating to external defibrillator technology. After Irell took over the cases from other counsel in the wake of a loss on the liability phase in one of the two Massachusetts cases, ZOLL was able to persuade the Court to stay the damages phase of the case pending the parties’ cross-appeals of the liability verdict and then successfully negotiated a settlement of the other Massachusetts case. The Pennsylvania case is ongoing.
- Unite Here Local 11 v. Anaheim Arena (O.C. Superior Ct.): Ms. Carson represented Anaheim Arena in a lawsuit brought by a union to enforce various provisions of the Janitor Displacement Opportunity Act, which the Union had lobbied to make temporarily applicable to food service employees of entertainment venues. The union voluntarily dismissed the action shortly after Anaheim Arena defeated the union’s request for a preliminary injunction. Ms. Carson also represented Anaheim Arena in a related class action, which was dismissed at the pleading stage.
- Infineon Technologies v. Atmel Corporation (D. Del.): Ms. Carson represented Atmel in a multi-patent lawsuit in the United States District of Delaware in which Infineon and Atmel asserted claims and counterclaims against each other relating to semiconductor technologies. After a successful claim construction hearing, the matter was resolved.
- GraphOn Corporation v. Juniper Networks, Inc. (E.D. Tex./N.D. Cal.): Ms. Carson represented Juniper in two separate patent infringement cases brought by GraphOn involving several firewall-related patents. Juniper successfully moved to transfer the cases from the Eastern District of Texas to the Northern District of California. Subsequently, both cases were stayed pending reexamination of the patents-in-suit by the United States Patent and Trademark Office (PTO). After the PTO cancelled all of the claims asserted against Juniper, the case settled on mutually satisfactory terms.
- Enhanced Security Research/Altitude Capital v. Juniper Networks, Inc. (E.D. Tex./D. Del.): Ms. Carson also represented Juniper in a series of cases involving a patent dispute with Enhanced Security Research (ESR) and Altitude Capital, and secured a successful settlement for Juniper. Under the terms of the public settlement agreement, ESR and Altitude received no monetary payment from Juniper, which was granted a full release, a covenant not to sue, and a license to ESR’s and Altitude’s entire patent portfolios (including the patents-in-suit) in exchange for Juniper’s agreement to walk away from the nearly five-year litigation without continuing to seek attorneys’ fees and to discontinue its participation in the appeal of the pending reexamination proceedings.
- United States v. Mr. and Mrs. V.: Ms. Carson provided pro bono representation for an immigrant family in Los Angeles Immigration Court on an application for cancellation of removal. After an evidentiary hearing that included testimony from the couple and their two children, the judge issued a positive final ruling which allowed the entire family to remain in the United States after three appeals and ten years of litigation in the immigration courts.
- RRLH, Inc. v. Barto (C.D. Cal.): Ms. Carson has counseled RRLH on a number of trademark issues, including the enforcement of a consent judgment that prohibited Barto from infringing RRLH’s trademarks. In response to RRLH’s motion, the court ruled that Barto was in contempt of the consent judgment order and awarded RRLH monetary damages and attorneys’ fees. The damages award—including the award of attorneys’ fees—was upheld by the United States Court of Appeals for the Ninth Circuit.
Publications & Presentations
- "Equitable Estoppel Case Out Of Touch With Reality," Daily Journal, April 17, 2013
- “Ethically Speaking: Rule 502 and Clawback Agreements,” 54 Orange County Lawyer (2012) (co-author, with Lisa Glasser)
- “Ethically Speaking: The Rules of ‘Friending,’” 53 Orange County Lawyer (2011)
- “Encoding Conditions and Personality Effects on a Recognition Task,” poster presentation at the 84th Annual meeting of the Western Psychological Association, Phoenix, Arizona (2004) (co-author, with Vincent Stretch, Annette Taylor, Erin Cipolla, and Vanessa Headley)
Professional & Community Activities
- Leadership Laguna (2016)
- Parking, Transportation & Circulation Committee, Laguna Beach City Council (2012-2015)
- PLC Advocates (2014-2015)
- Howard T. Markey Inn of Court
Bar & Court Admissions
- California, 2007
- Central District of California, 2008
- Northern District of California, 2009
- United States Court of Appeals for the Ninth Circuit, 2009
- United States Court of Appeals for the Federal Circuit, 2010