Perry Goldberg is a partner with Irell & Manella LLP, where he has been a successful litigator for his entire career spanning more than 17 years.  He graduated in the top 1% of his class from the Wharton School of the University of Pennsylvania, completing his degree after just three years.  Mr. Goldberg then attended Harvard Law School, where he served as Editor of the Harvard Journal of Law & Technology.  While at Harvard, Mr. Goldberg wrote Mergers and the Federal Antitrust Laws: A Research Guide for Practitioners, which was published in book form by legal publisher William S. Hein & Co. in 1992.  Mr. Goldberg graduated from Harvard Law School, with honors, in 1993, and joined Irell that fall.

From 2008-2010, Mr. Goldberg served on the Board of Directors of the Los Angeles Intellectual Property Law Association. He was selected by Los Angeles Magazine for inclusion in Southern California "Rising Stars" in 2004 and subsequently was listed multiple times as a Southern California "Super Lawyer."  Mr. Goldberg also has Martindale-Hubbell's Preeminent AV Peer Review Rating.

Representative Matters

Mr. Goldberg’s practice focuses on intellectual property litigation, with an emphasis on patent litigation. He has been involved in several notable cases, including:

Net2Phone v. eBay and Skype (D.N.J.); eBay v. IDT and Net2Phone (W.D. Ark.), patent infringement lawsuits related to internet communications, including VoIP (voice over internet protocol) and calling card technology in which Irell represented eBay and Skype.  Net2Phone first filed suit in New Jersey.  eBay subsequently filed suit in Arkansas against Net2Phone and its parent IDT.  Although filed two years later, eBay's case in Arkansas was scheduled for trial well before Net2Phone's case in New Jersey.  Mr. Goldberg deposed the founder and CEO of Net2Phone and IDT, and successfully prevented the deposition of eBay's then-CEO, Meg Whitman.  Both cases settled in August 2010 shortly before trial was scheduled to begin in eBay's case.

TiVo v. EchoStar, a patent infringement case in which Irell represents TiVo, the developer of the first commercially available digital video recorder (DVR).  Mr. Goldberg has helped TiVo navigate the complicated DVR patent space since January 2000, and has been actively involved in all aspects of this case from pre-filing through EchoStar's latest appeal.  Among other things, Mr. Goldberg took and defended key depositions (including twice deposing EchoStar's CEO), and questioned witnesses during the original jury trial and subsequent bench trial.  The jury verdict, judgment, and subsequent orders (including contempt) in this high-profile case total more than $400 million to date.

Pause Technology v. TiVo, a patent infringement case in which Irell's client, TiVo, obtained summary judgment of non-infringement, which was affirmed on appeal by the Federal Circuit. Mr. Goldberg successfully handled the argument in the district court as well as on appeal.

Stac Electronics v. Microsoft, a patent infringement case in which Irell’s client, Stac Electronics, won a jury verdict of $120 million, as well as a worldwide injunction against various Microsoft operating systems. The case quickly settled after the injunction was granted.

Matthew Bender & Company v. West Publishing (the “star pagination case”), a copyright infringement case in which Irell’s client, Matthew Bender & Company, obtained summary judgment that the page numbers of West Publishing’s National Reporter System are not copyrightable. That judgment was affirmed on appeal.

Xerox v. Hewlett-Packard Company, a patent infringement case in which Irell’s client, Hewlett-Packard Company, obtained summary judgment of non-infringement. Shortly thereafter, the parties settled that case, as well as all other patent infringement cases pending between the two companies.

Mr. Goldberg has also been involved in several other complex intellectual property matters, including cases relating to internet telephony, plasma televisions, pharmaceuticals, advertising, and other products and services. In addition, Mr. Goldberg has experience in a wide range of general litigation matters in state and federal court, including breach of contract, intentional interference, malicious prosecution, fraudulent transfer and various other types of cases.

Publications

Mr. Goldberg is the co-author (with Morgan Chu) of numerous articles pertaining to intellectual property litigation and strategy, as well as an article entitled “E-mail And The Attorney Client Privilege In California,” which was published in California Litigation. Mr. Goldberg is also the author of Mergers and the Federal Antitrust Laws: A Research Guide for Practitioners (William S. Hein, 1992).

Bar & Court Admissions

• 1993, California
• U.S. District Court, Central, Northern and Southern Districts of California
• U.S. Court of Appeals, Federal and Ninth Circuits