
Los Angeles, California 90067-6029
Ryan C. Kirkpatrick
Overview

Ryan Kirkpatrick is a partner in the firm's Los Angeles office and represents plaintiffs and defendants in a wide variety of commercial litigation matters, including bet-the-company patent infringement litigation, the prosecution of nine-figure antitrust claims in federal courts and the European Union, and complex fraud and breach of contract cases. Kirkpatrick handles cases across the country-from California to New York, Delaware, Texas, Illinois, Washington, Kansas, and many spots in between-and represents clients in a range of industries. As the grandson of an inventor with multiple patents issued in his name, Kirkpatrick particularly enjoys intellectual property cases in which the challenge is to reduce complex, technical issues to terms that judges and juries can understand. Kirkpatrick believes that the ability to distill complex issues into simple themes and a coherent narrative is a key to obtaining successful results in any type of case, whether it is litigation involving multiple software patents or the simple breach of a contract.
Kirkpatrick has been featured in and interviewed by numerous media outlets, including the Wall Street Journal, Bloomberg News, the Los Angeles Times, ESPN, the National Law Journal, the Associated Press, Vanity Fair, KABC, and KTLA. In 2011, Mr. Kirkpatrick was recognized by his peers as a Southern California Super Lawyers "Rising Star."
Before joining the firm, Kirkpatrick clerked for the Honorable Ruggero J. Aldisert of the United States Court of Appeals for the Third Circuit. Kirkpatrick earned his B.A. in Political Science from Yale University. He received his J.D., Order of the Coif, from the University of California, Los Angeles, School of Law.
Education

Yale University (B.A., Political Science, 2001)
University of California, Los Angeles (J.D., Order of the Coif, 2005)
Judicial Clerkship

Law Clerk to the Honorable Ruggero J. Aldisert, United States Court of Appeals for the Third Circuit (2005-2006)
Honors and Distinctions

Recognized by Los Angeles Magazine as a Southern California Super Lawyers "Rising Star" in 2011.
Articles

"Rat Race: Insider Advice on Landing Judicial Clerkships," 110 Penn. St. L. Rev. 835 (2006) (co-authored with the Honorable Ruggero J. Aldisert and James R. Stevens, III)
Wins

- Obtained a complete defense victory for a hedge fund in a case in which an insurer sued to rescind a $20 million life insurance policy for alleged fraud and lack of an insurable interest. The insurer's claims were rejected in their entirety, and costs were awarded to Susman Godfrey's client. Mr. Kirkpatrick delivered the opening argument and examined multiple witnesses at trial.
- Obtained a $51.5 million judgment on behalf of Masimo Corporation (NASDAQ: MASI) in an antitrust case against Tyco Healthcare Group L.P. involving pulse oximetry products. The judgment was affirmed by the Ninth Circuit on appeal.
- Obtained a $200 million buy-out of start-up mainframe manufacturer Platform Solutions, Inc. by IBM in a high-profile antitrust, patent infringement, and copyright infringement case.
- Obtained a $16.5 million settlement for a group of investors in Seattle-based Dendreon Corporation in a case alleging securities fraud and insider trading.
Professional Associations and Memberships

- State Bar of California
- United States District Court for the Central District of California
- United States District Court for the Northern District of California
- United States Court of Appeals for the Seventh Circuit
- United States District Court for the Eastern District of Texas
- American Bar Association
Notable Representation

- Currently representing one of the nation's largest patent-holders in patent infringement litigation against four of the world's largest network security companies.
- Defended-through trial and appeals-Jonathan Berck, as Trustee of the Jack Teren Insurance Trust, in a $20 million rescission lawsuit brought by the Lincoln Life and Annuity Company of New York for fraud and alleged violations of California's insurable interest rules. At trial, Mr. Kirkpatrick delivered opening argument, cross-examined one of Lincoln's corporate representative, and conducted the direct examinations. After obtaining judgment in favor of the Trust on Lincoln's fraud claims at the trial level, Mr. Kirkpatrick and his partner Steven Sklaver obtained total victory for their client in the California Court of Appeal on all claims. The case is Lincoln Life & Annuity Co. of New York v. Jonathan Berck, as Trustee of the Jack Teren Insurance Trust, Court of Appeal Case No. D056373 (Cal. Ct. App. May 17, 2011).
- Defeated class certification of a putative wage and hour class action brought against a subsidiary of Dean Foods.
- Represented mainframe computer manufacturer Platform Solutions, Inc. (PSI) in prosecuting antitrust claims against IBM, and in defending PSI against claims of patent infringement, copyright infringement, and trade secret misappropriation brought by IBM. Mr. Kirkpatrick was also involved in coordinating PSI's prosecution of competition claims against IBM before the European Commission's Directorate General of Competition. The case, which was litigated in federal court in New York, settled for $200 million in June 2008. As part of the settlement, PSI was acquired by IBM. The settlement was reported in the Wall Street Journal, as well as numerous technology publications.
- Argued and obtained dismissal with prejudice of fraud, unfair competition, false advertising, California Consumer Legal Remedies Act, and punitive damage claims on behalf of a major technology company in California state court. In its opinion, the Court described Mr. Kirkpatrick's briefing as "great," "clear," "logical," and "so well written."
- Represented a major wireless service provider in prosecuting patent infringement claims against another wireless service provider in the Eastern District of Texas. The case settled in September 2008 prior to Markman proceedings.
- One of the principal lawyers representing a class of investors in a securities fraud and insider trading lawsuit against Dendreon Corporation, a Seattle-based biotechnology company, and certain of its officers in the Western District of Washington. The case settled in Fall 2010 on the eve of trial when defendants agreed to pay $16.5 million to Susman Godfrey's clients.
- Part of Susman Godfrey trial team that represented Masimo Corporation (NASDAQ: MASI) in the damages retrial of Masimo Corp. v. Tyco Healthcare Group L.P., No. CV-02-4770-MRP (C.D. Cal.), an antitrust case involving challenges to exclusionary contracting practices in the United States market for pulse oximetry products. The retrial resulted in a $43.5 million damage award (after trebling) to Masimo. The court also awarded over $8 million in attorneys' fees and costs. The judgment was subsequently affirmed by the Ninth Circuit Court of Appeals.
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