Clayton Thompson
PartnerClayton Thompson is a technology lawyer with more than 20 years of experience in handling disputes and transactions involving electronic devices, computer hardware and software, industrial machines, vehicle technology, and consumer goods. The majority of Clayton’s practice involves trial work in patent cases concerning cutting-edge technology. Clayton has successfully litigated cases involving both computer hardware related to processor architecture, memory, peripherals and graphics processing, as well as computer software relating to operating systems, networking and encryption. Clayton’s experience includes multiple trials focused on smartphones and the technologies embedded in these devices, including user-interface advances, device orientation and location features, biometrics, cloud-based server support and advanced video capabilities.
Clayton’s practice more broadly involves developing legal solutions for companies in the high-technology sector. Clayton advises clients concerning intellectual property portfolio development, risk management, contracts and licensing, in addition to litigation. Clayton has been a speaker on topics related to patent law, litigation and Intellectual Property licensing. He has also served as a committee chair and member of legal and technical professional societies focused on litigation, intellectual property and computer technologies.
EXPERIENCE
Representative Engagements Include:
- Tristrata v. Adobe Systems – United States District Court for the Northern District of California. Represented Adobe in defense of patents related to cryptographic document access control. The case was resolved in Adobe's favor after affirmance of non-infringement by Federal Circuit
- MAZ Encryption Technologies dispute – United States District Court for the District of Delaware. Represented smartphone manufacturer in case asserting cryptographic and biometric user authentication and access control on mobile devices
- High Tech Computer (HTC) investigations – United States International Trade Communication. Represented smartphone manufacturer in patent case against competitor involving innovative user interface technologies, device orientation hardware, and mobile device operating system software
- NetApp v. Sun Microsystems and Sun Microsystems v. NetApp – United States District Court, Northern District of California. Represented Sun in three district court patent infringement actions between Sun and NetApp. The parties litigated patents directed to networking infrastructure, big data enabled filesystems and network storage
- Hynix Semiconductor v. Toshiba Corporation – United States International Trade Commission. Successfully represented the respondent, Toshiba, in an ITC action where the patents concerned NAND flash memory products
- MediaTek, Inc. v. Zoran Corporation – United States International Trade Commission. Defended respondents Zoran and Oak against allegations of infringing three patents relating to optical disk controller chips. Obtained Initial Determination of non-infringement and invalidity. Case subsequently settled on terms favorable to Zoran and Oak
- France Telecom v. Novel and RSA Data Security –United States District Court for the District of Delaware. Assisted France Telecom in the assertion of inventions in United States. The asserted patent involved computer security technology that relied on using complex math and encryption tokens. Case was resolved in international arbitration
- TV/COM and Irdeto patent cases –United States District Court for the Middle District of Florida and the District of Colorado. Defended CanalPlus Technologies, Kudelski and EchoStar against charges of infringement stemming from management and transmission of cryptographic keys used to encrypt video media. Ultimately, the Federal Circuit upheld non-infringement of Irdeto's primary patent asserted against Kudelski based on favorable claim construction ruling
- Emhart Industries v. Bottero –United States District Court for the Central District of California. Defended Italian company against charges of patent infringement related to computer controlled automated industrial machines. Case was settled after obtaining favorable claim construction rulings
- FirstFace v. Samsung – United States District Court for the Northern District of California. Representing Samsung in a case involving fingerprint recognition and power management of mobile devices
- J.D., Mercer University Walter F. George School of Law
- B.S.E.E., Virginia Polytechnic Institute and State University
Awards
- The Legal 500 United States
2019 - Recommended, Patent Litigation: Full Coverage
Prior Experience
- Adjunct Professor at George Mason University teaching “Patent and Know How Licensing” (2003-2005)
