Advamtel, et al. – Lead counsel for consortium of 16 CLECs in suit against AT&T and Sprint for unpaid access charges
CenturyLink – Represented CenturyLink in a breach of contract lawsuit against DISH for failure to pay Monthly Incentive Fees as required by contract. Court granted CenturyLink's motion for judgment on the pleadings
Crest Communications Corp. – Prosecuted breach of contract claims arising from a stock purchase agreement on behalf of the Selling Shareholders of Crest Communications, and defended against indemnity claims alleging breach of contract and fraud. The case settled before arbitration.
- Defended e.spire Communications and other CLECs against action brought by incumbent local exchange carrier, challenging terms of interconnection agreements.
- Represented CLEC in commercial arbitrations seeking unpaid reciprocal compensation for ISP-bound traffic. Obtained multi-million dollar awards.
- Plaintiff's counsel in successful jury trial involving the Telecommunications Act and contract claims; favorable settlement on the eve of closing arguments.
- Numerous companies in corporate governance disputes, including a global telecommunications company in shareholder litigation involving the company's cellular telephone business in Russia.
- Defending Qwest in a breach of contract case for alleged failure to pay access charges under US LEC's state tariffs.
- Defended Qwest in a class action lawsuit alleging "cramming" against Qwest and several payment aggregators. Plaintiff asserts claims under various state consumer protection laws on behalf of a putative class of more than five million Qwest landline subscribers in the U.S. Court granted Qwest's motion to dismiss in its entirety.
- Defended both Qwest Communications Co. and Billing Concepts in a putative class-action lawsuit alleging unfair and deceptive telephone billing practices and violations of Section 2890 of the California Public Utilities Code. Case settled favorably after Defendants filed motion to dismiss based on FCC and state regulations.
- Defended Qwest Communications in compensation claims suit brought by McLeodUSA Telecommunications under federal and state tariffs.
- Prosecuted declaratory judgment and breach of contract action over network charges. Court dismissed $72 million counter claim and case settled favorably shortly after.
- Prosecuted Qwest's claims against AT&T for over $300 million dollars in unpaid access charges. Case settled favorably on morning of jury selection following Order granting partial summary judgment for Qwest.
- Obtained dismissal of lawsuit brought by 36 plaintiffs seeking damages related to Qwest's provision of payphone access lines. The Ninth Circuit remanded case to District Court where it was stayed pending FCC rulings, and the parties settled shortly thereafter.
- Represented former Qwest Communications executive in private securities fraud action. Qwest executive dismissed from case.
- Prosecuted Qwest's claims against prepaid calling card company. Obtained favorable settlement.
- Lead counsel in proceeding before the Multi-District Panelon Litigation consolidating over 35 individual lawsuits alleging claims by payphone service providers for compensation under FCC regulations. Obtained dismissal of lead case, remaining case transferred to D.C. District Court and parties eventually settled
- Obtained dismissal of nationwide class action against Qwest alleging "slamming" of long distance telephone customers.
- Defended XO Communications in a lawsuit alleging unfair business practices, intentional fraud and negligent misrepresentation. Court granted XO's motion to dismiss for lack of standing.
- Defended XO Communications in litigation brought by a competitive local exchange carrier seeking back payments for switched access charges pursuant to 30 separate federal and state tariffs governing interstate and intrastate access charges. Cases settled favorably.
Intellectual Property Litigation
Bharti Airtel Ltd. – Defended Bharti Airtel Ltd. in a patent litigation involving cellular telephone network systems.
Conexant Systems, Inc. – Defended Conexant Systems, Inc. adv. British Telecom, Inc. in a patent infringement action in the Southern District of California related to allegations of patent infringement of BT's V42.bis standards based modem technology patents, resulting in a favorable settlement.
HTC – Represented HTC and HTC America in numerous patent suits throughout the country as well as ITC Section 337 investigations relating to microprocessor technology, user interface technology and other cellular phone technologies.
Oplink Communications – Represented Oplink Communications and its subsidiary, Optical Communication Products, in multiple patent cases regarding VCSEL semiconductor lasers.
- Represented Qualcomm Incorporated in a lawsuit brought by Gabriel Technologies ("Gabriel") accusing our client of allegedly stealing Gabriel's ideas and incorporating them into almost 100 patents that Qualcomm had obtained throughout the world. The plaintiff was seeking over $1 billion in damages. Since the commencement of the case in 2009, the Cooley team methodically dismantled the case one piece at a time — first obtaining dismissal of several claims at the pleading stage and, in early 2012, getting summary judgment that two other claims were barred by the statute of limitations. The parties then conducted expedited discovery on the three remaining claims, which included a claim for correction of inventorship. The San Diego federal court issued an order granting summary judgment in favor of our client, on all remaining claims brought by Gabriel.
- Represented Qualcomm as trial counsel in a patent license dispute with Nokia concerning Nokia's continued use of Qualcomm's patents under the parties' existing agreement at the same royalty rate. The case settled at the start of trial and resulted in a 15-year license agreement between Qualcomm and Nokia.
- Represented Qualcomm in key areas of its worldwide, four-year patent dispute with Broadcom, including its 2008 enforcement proceeding at the International Trade Commission (ITC), one of its largest to date. Cooley also represented Qualcomm in the resulting settlement and multi-year patent agreement.
Qwest Communications / CenturyLink
- Defended Qwest in a patent infringement action in the Eastern District of Virginia regarding VoIP technology. Using the speed of the docket and knowledge of the venue to our advantage, we quickly identified and developed strong non-infringement arguments, served document requests and contention interrogatories on 1st day of 4-month discovery period, and accelerated production of certain Qwest technical documents supporting our non-infringement position. As a result of this fast-pace execution of our legal strategy, we secured a very favorable settlement three months after the suit was filed by Tierra Telecom.
- Serving as lead counsel to Qwest and CenturyLink in a patent infringement action initiated by Unified Messaging Solutions. The patent holding company is asserting five patents relating to delivering and managing online messages. The defendants' motion to transfer was recently granted, resulting in the case being moved to the Northern District of Illinois from the Eastern District of Texas.
- Defending Qwest and CenturyLink in a suit brought by Bear Creek Technologies alleging the infringement of a patent concerning VoIP networks. Originally filed in the Eastern District of Virginia, the Court dismissed all but the first-named defendant based on misjoinder. The case was re-filed in the District of Delaware.
- Represented Qwest against Klausner Technologies in a patent infringement case in the Eastern District of Texas regarding a telephone answering device.
- Represented of an international Voice Over IP telecommunications manufacturer in a patent infringement action at trial towards a favorable settlement.
- Successful representation of wireless telecommunications client in $50 million patent infringement suit.
- Obtained walk-away settlement of $1.3 million breach of contract and fraud action against telecommunications client.