Intellectual Property and Technology Litigation
- Positron v. Wyle Laboratories
In this trade secret and contract dispute relating to corrosion detection technology for use on aircrafts, Farleigh represents defense contractor Wyle Laboratories, who is both the Defendant and Cross-Claimant. Ms. Farleigh drafted the reply in support of summary judgment as well as several pending motions in limine. Trial is expected in June 2018 in California State Court.
- QuoteLab, LLC d/b/a MediaAlpha v. QuoteWizard.com, LLC
In this trade secret and contract dispute relating to an online advertising platform, Ms. Farleigh represented Defendant, web-based insurance quote and comparison tool QuoteWizard.com in California Superior Court. The team secured a favorable settlement on behalf of its client shortly before trial.
Ms. Farleigh represented New Alchemy in this breach-of-contract lawsuit relating to an initial coin offering to raise funds for a block-chain start up. This case resulted in a successful settlement on behalf of the client prior to the arbitration.
- Peak Web Hosting v. Machine Zone
Ms. Farleigh represented Plaintiff web hosting provider Peak Web Hosting in this misappropriation of trade secret, fraud, and breach of contract case against online video-game maker Machine Zone in the Complex Division of California Superior Court in San Jose. After a hard fought case involving numerous depositions taken by Ms. Farleigh and a litany of discovery motions written, argued, and won by Ms. Farleigh, the case settled favorably to Peak on the eve of trial.
In this copyright litigation, VHT, a company who facilitates photography for real estate brokers and agents, asserted that Zillow infringed over 80,000 photographs. Before the onset of trial, Farleigh along with the rest of the Susman Godfrey legal team got nearly 70% of the images tossed out on summary judgment for lack of volitional conduct. After a multi-week trial, during which Farleigh regularly argued in court, plaintiffs were awarded only a small fraction of their original demand. The case is currently on appeal and Susman Godfrey is optimistic that the award will get further reduced if not thrown out in post-trial motions due to the recent Ninth Circuit case, Perfect 10 v. Giganews.
- Top Agent Network v. Zillow
In this trade secrets case pending in the Northern District of California, Ms. Farleigh drafted the motions to dismiss both operative complaints, which knocked the claims in the case down to two from thirteen. The case ended up settling very favorably to Susman Godfrey’s client, Zillow. The case received ample attention from legal media such as The Recorder and Law360 (subscription required).
Ms. Farleigh and a team of Susman Godfrey attorneys represented Two Way Media in a Plaintiff-side patent action pending in the District Court for the District of Colorado. The case settled prior to motions made under 35 U.S.C. § 101.
- Two Way Media v .Comcast and Two Way Media v. Verizon
Ms. Farleigh along with a team of Susman Godfrey attorneys represented Two-Way Media in a large patent lawsuit relating to the TV Everywhere media services provided by Comcast and Verizon. Ultimately, the case was dismissed for invalidity.
- Silicon Laboratories, Inc. v. Cresta Technology Corp.
Ms. Farleigh and her legal team represented defendant Cresta Technology Corporation in a patent case pending in the Northern District of California. In this case, Farleigh successfully argued a motion to compel supplemental infringement contentions and handled the preparation and service of invalidity contentions.
Antitrust Class Actions
- In re Auto Parts Litigation.
In this family of cases, Ms. Farleigh represents a nationwide class of consumers who bought vehicles containing parts that were sold as part of a large, antitrust conspiracy involving various Japanese auto parts manufacturers. Many of these cases have settled favorably while several others are ongoing. Settlements thus far have exceeded one billion dollars.
Energy and Environmental Litigation
- Grynberg v. Tellus Operating Co. & Hess Corporation
Ms. Farleigh represented Defendant and Third-Party Plaintiff Hess Corporation, in an oil and gas case in the District Court for the District of Colorado. This case related to liability for the payments on a net profits interest in Mississippi gas wells. Farleigh briefed a motion to stay the case under the Colorado River abstention doctrine in favor of a parallel action in Mississippi State Court.
- Bank of New York v. WMC and GE Capital
Farleigh represented General Electric in a widely covered litigation in the Southern District of New York relating to mortgage-back securities involving loans originated before the 2007 financial crisis. Farleigh played an integral role in this case, attending many depositions and drafting several successful briefs. The case settled favorably for GE on the eve of trial. Ms. Farleigh continues to represent General Electric in ongoing matters relating to mortgage-backed securities.