Parker C. Folse

Parker Folse is a partner with Susman Godfrey, L.L.P. in the firm's Seattle, Washington office, which he founded in 1995. He represents both plaintiffs and defendants in a wide variety of complex commercial litigation matters, including contract disputes, antitrust litigation, patent infringement cases, and audit malpractice suits.   Mr. Folse has extensive trial experience in difficult, complex commercial cases. He is also regularly retained by clients for the purpose of negotiating settlement of substantial commercial disputes prior to the commencement of litigation. His role as counsel for Novell, Inc. in negotiating a landmark settlement of disputes with Microsoft was featured in American Lawyer magazine.

Mr. Folse has been a frequent CLE speaker on trial practice, patent infringement, antitrust and other commercial litigation issues. He is a member of the American Bar Association and the State Bar of Washington, and is a Life Fellow of the Texas Bar Foundation. He has served as a Vice Chair of the Trial Practice Committee and of the Civil Practice and Procedure Committee of the ABA Section of Antitrust Law, and as a member of the Section's Task Force on Civil Practice and Procedure and its Task Force on Remedies. He is also the former Chair of the Washington State Bar Association Section on Antitrust, Consumer Protection, and Unfair Business Practices and a current member of the Section's executive committee.

Mr. Folse is also a former officer and director of the Osteogenesis Imperfecta Foundation, a charitable organization dedicated to improving the quality of life for people affected by osteogenesis imperfecta.

Harvard University (B.A., magna cum laude, 1977)
University of Texas School of Law (J.D. with high honors, 1980)

Law clerk to the Hon. Joseph T. Sneed, United States Court of Appeals for the Ninth Circuit.
Law clerk to then-Associate Justice William H. Rehnquist, United States Supreme Court.

•  Editor-in-chief of the Law Review, University of Texas School of Law
• Law clerk to the Hon. Joseph T. Sneed, United States Court of Appeals for the Ninth Circuit, and then-Associate Justice William H. Rehnquist, United States Supreme Court
• "Super Lawyer" in business litigation (Washington Law & Politics magazine, 1999-2011); "Top 100" Super Lawyers list for 2005-2009.
• Named as one of six "Top Lawyers" in the practice area of Business Litigation by Seattle magazine (January 2007 issue)
• Listed in Best Lawyers in America for Commercial Litigation and Bet-the-Company Litigation; selected for inclusion in the 2012 edition for Commercial Litigation, Bet-the-Company Litigation, Litigation-Antitrust, Litigation-Intellectual Property, and Litigation-Patent
• Selected by Best Lawyers as the 'Seattle Best Lawyers Bet-the-Company Litigation Lawyer of the Year' for 2012.
• Listed in Best Lawyers in Washington State for Commercial Litigation and Bet-the-Company Litigation (Seattle Business Monthly, January 2011).
• In April 2008, received the Leon Green award from the Texas Law Review Association "for outstanding contributions to the legal profession."

• Metropolitan Mortgage and Securities, Inc. and Summit Securities, Inc. v. PricewaterhouseCoopers, L.L.P. (E.D. Wa.) (2005 — 2008) (suit for breach of contract and accounting malpractice on behalf of bankrupt financial companies against former auditor; case settled for $30 million at start of trial).
• Gateway, Inc. and Microsoft Corporation (2005) (representation of Gateway, Inc. in negotiation of agreement pursuant to which Microsoft will pay Gateway $150 million over four years; as part of the agreement, Gateway released antitrust claims against Microsoft).
• Apple Corp. v. Burst.com, Inc. (N.D. Cal) (2006 — 2007) (representation of Burst.com in pursuing patent infringement claims in this declaratory judgment suit filed by Apple; case settled for $10 million).
• Novell, Inc. v. Microsoft Corporation (2004) (representation of Novell, Inc. in developing antitrust claims against Microsoft and in negotiating a $536 million cash settlement of those claims before filing suit).
• Caldera, Inc. v. Microsoft Corp. (D. Utah) (1996-2000) (prosecution of antitrust claims alleging monopolization of the market for PC operating system software; case settled shortly before trial for amount publicly reported as $275 million; precise amount is confidential).

• United States Supreme Court, the Fifth and Ninth Circuits
• American Bar Association
• State Bar of Washington
• Life Fellow of the Texas Bar Foundation
• Former Vice Chair of the Trial Practice Committee and the Civil Practice and Procedure Committee of the ABA Section of Antitrust Law, member of the Section's Task Force on Civil Practice and Procedure, and member of its Task Force on Remedies
• Former Chair, Washington State Bar Association Section on Antitrust, Consumer Protection, and Unfair Business Practices (2009-2010) and current member of the Section's executive committee

• Intellectual Ventures I LLC v. Check Point Software Technologies Ltd., et al. (D. Del.) (2011 — present) (representation of plaintiff in significant patent infringement suit against Check Point, McAfee, Symantec, and Trend Micro)
• Eagle Harbor Holdings LLC and MediusTech LLC v Ford Motor Co. (W.D. Wash.) (2011 — present) (representation of plaintiff in significant patent infringement suit)
• Siegel v. AU Optronics Corp., et al. (N.D. Cal.) (2010 — present) (representation of Circuit City's liquidating trust in antitrust price-fixing suit against manufacturers of liquid crystal display panels and related products)
• T-Mobile USA Inc. v. AU Optronics Corp., et al (N.D. Cal ) (2011 — present) ((representation of plaintiff in antitrust price-fixing suit against manufacturers of liquid crystal display panels and related products)
• Petro Star, Inc. v. BP Oil Supply Co. (D. Alaska 2011 — present) (representation of oil refining company in breach of contract suit against shipper of Alaska North Slope crude)
  In re Washington Mutual, Inc. (Bankr. D. Del.) (2010 — present) (representation of Official Equity Committee in major corporate bankruptcy).
• Two-Way Media, LLC. v. Akamai Technologies, Inc., et al. (W.D. Tex.) (2008 — present) (representation of plaintiff in patent infringement suit relating to the streaming of audio and video content over the Internet).
• Native American Marketing and Development Corp. v. Arctic Slope Regional Corp., et al. (D. Md.) (2007 — 2010) (representation of Alaska Native Corporation in defense of 9-figure claims for breach of contract and unjust enrichment arising from government contract award; court granted summary judgment in clients' favor on all claims).
• Timeline, Inc. v ProClarity Corp. and Microsoft Corp. (W.D. Wash.) (2006 — 2007) (representing plaintiff in prosecuting patent infringement and breach of contracts claims against Microsoft and its wholly owned subsidiary; case settled on confidential terms).
• Two-Way Media, LLC. v. AOL (S.D. Tex.)(2004 — 2007) (representation of plaintiff in patent infringement suit against AOL; case settled during trial on confidential terms).
• Northwest Airlines, Inc. v. Sabre, Inc. (D. Minn.) (2004-2006) and Sabre, Inc. v. Northwest Airlines, Inc. (N.D. Tex.) (2004-2006 ) (representation of Northwest in prosecuting antitrust claims against provider of computerized reservation services to travel agents, and in defending against Sabre's breach of contract claims against Northwest; case settled).
• Soverain Software v. Amazon.com (E.D. Tex.) (2004-2005) (representation of Amazon.com in defense of patent infringement claims relating to web site shopping cart technology; case settled shortly before trial).
• Be Incorporated v. Microsoft Corporation (N.D. Cal.) (2002-2003 ) (prosecution of antitrust claims alleging monopolization of the market for PC operating system software; case settled during discovery).
• Alakayak v. British Columbia Packers, Ltd. (Alaska 1996- 2004) (representation of certified class of Bristol Bay salmon fishers in $1 billion price-fixing suit against seafood processors and foreign importers of processed seafood; approved settlements exceeded $40 million; Alaska Supreme Court reversed summary judgment granted in favor of non-settling defendants; in May 2003, jury returned a verdict in favor of non-settling defendants following four-month trial; in 2004, the Superior Court approved settlements resolving all remaining issues).
• Union Station Associates v. Puget Sound Energy (W.D. Wa.) (2001-2002) (representation of developer in suit to recover environmental remediation costs pursuant to state and federal environmental laws; case settled successfully following completion of discovery).
• Tauber v. Alaska Airlines, et al. (Los Angeles Superior Court) (2001-2003) (defense of a class action suit alleging violation of state labor law in connection with pilot applications for employment; case settled for nominal sum).
• Bank of America v. REI, Inc. (King County, Washington Superior Court) (2001-2003) (defense of suit alleging misappropriation of trade secrets in connection with marketing of co-brand credit cards; case settled near end of discovery).
• Caldera, Inc. v. Microsoft Corp. (D. Utah) (1996-2000) (prosecution of antitrust claims alleging monopolization of the market for PC operating system software; case settled shortly before trial for amount publicly reported as $275 million; precise amount is confidential).
• Midwestern Machinery Co. v. Northwest Airlines, Inc. (D. Minn. 1999-2004 ) (defense of Northwest Airlines in class action suit challenging on antitrust grounds the merger of Northwest and Republic Airlines; court granted summary judgment in favor of Northwest in February 2003; affirmed by Eighth Circuit on appeal).
• Bensimon v. Amazon.com Commerce Services (Bankr. C.D. Tex. 2002-2003 ) (defense of Amazon in suit by bankruptcy trustee to recover damages for alleged fraudulent conveyance and breach of contract; court granted summary judgment in favor of Amazon; case then settled for nominal sum)
• Z-Rock v. AMFM, Inc. (E.D. Wash. 2000-2002) (defense of large operator of radio stations against claims of restraint of trade in connection with marketing of radio advertising time; case settled on favorable terms).
• Strotek Corp. v. Air Transport Association (D. Nev. 1999-2002 ) (defense of Alaska Airlines against claims by provider of strobe-light testing services; obtained summary judgment dismissing antitrust and state-law claims; affirmed on appeal).
• Louisiana Pacific Siding Litigation (various courts, 1995-1996) (representation of more than 40 commercial property owners in claims arising from defective exterior siding on properties located in the Northwest; all cases successfully settled).
• Reno Air v. Northwest Airlines, Inc. (D. Nev. 1998-2000) (defense of claims against Northwest for attempted monopolization; suit voluntarily dismissed by plaintiff after completion of discovery).
• In re Airline Ticket Commission Litigation (D. Minn. 1995-1998) (defense of Northwest Airlines in consumer class action alleging conspiracy among airlines to reduce commissions payable to travel agents; favorable settlement shortly before trial).
• Recycling and Disposal Services, Inc. v. Whatcom County (arbitration in Seattle 1996-1997) (obtained award following arbitration trial enjoining, on constitutional grounds, Whatcom County's enforcement of county regulations directing disposal of solid waste).
• Howell v. Alaska Airlines, Inc. (King County, Washington Superior Court) (defense of Alaska Airlines in consumer class action challenging the airline's ticket refund policies; obtained dismissal of suit, which was affirmed on appeal).
• Brennan v. Southwest Airlines (N.D. Cal. 1997-1998) (defense of Alaska Airlines in consumer class action seeking refund of transportation excise taxes; obtained dismissal of suit, which was affirmed on appeal).
• Livingston Rebuild Corp. v. Washington Corp. (D. Mont. 1997-1999) (defense of claims for breach of contract and fraud in connection with sale of locomotive rebuild facility; case settled favorably before trial).