People of the State of California ex rel. Dennis Herrera, San Francisco City Attorney v. Accrediting Commission for Community and Junior Colleges, San Francisco Superior Court

In a politically charged case that was subject to considerable public scrutiny, KSR partners Ken Keller and Tom Sloan were retained four weeks before trial to represent the Commission in defending against the San Francisco City Attorney’s attempt to obtain and injunction revoking the Commission’s decision to terminate CCSF’s accreditation. After a four day court trial, closing arguments and extensive post-trial briefing proceedings, the KSR trial team defeated all of the City Attorney’s claims that the Commission was motivated by political and personal bias against CCSF and succeeded in preserving the Commission’s termination decision, which cleared the way for the Commission and CCSF to work on restoring CCSF’s accreditation without further interference from the City.

 

Cot’N Wash v. Henkel, United States District Court for Delaware

KSR represented the defendants, a multinational consumer products company and its U.S. subsidiary, in a high stakes patent infringement action involving unit dosed detergent. After the court’s claims construction order and favorable summary judgment and pretrial motion rulings, which resulted in the dismissal of many of the Plaintiff’s claims and precluded the Plaintiff from presenting expert testimony at trial, the case was confidentially settled.

 

Robert West, M.D. v. Velo Enterprises, United States District Court for Western District of Texas

Ken Keller was retained shortly before trial to represent world renowned bicycle saddle designer/manufacturer in a case involving claims of trademark and trade dress infringement involving saddle design. The KSR team devised a strategy for the expeditious resolution of the case and after filing a motion for summary judgment for Velo, the plaintiff simply dismissed the case with prejudice.

 

Consumer Info v. Magnet Media/Search Market Direct, Orange County Superior Court/United States District Court for Utah

Ken Keller, Tom Sloan represented an affiliate marketing company in a multi-million dollar breach of contract action, involving certain domain names, including freecreditscore.com, and obtained a defense verdict and multi-million dollar attorneys’ fee award for their client. Ken was asked to represent the client in a related action just before trial in the District Court relating to the acquisition of the domain name www.freecreditscore.com.

 

Hydro-Quebec v.Valence Technologies, United States District Court for the Western District of Texas

Ken Keller, Tracy Clements, and the KSR team, represented Valence in related patent infringement actions involving lithium battery technology.  While summary judgment motions were pending following the court’s claim construction ruling (which adopted nearly all of Valence’s proposed constructions verbatim), the case was favorably settled.

 

Amaretto Ranch Breedables v. Ozimals, United States District Court for Northern District of California

Ken Keller represented the creators of virtual horses sold in the online virtual world “Second Life” in a cutting edge copyright infringement, defamation and tortious interference case against a Second Life competitor, obtaining an injunction preventing the “take-down” of the client’s products per the competitor’s DMCA notice and obtained summary judgment on the competitor’s copyright infringement counterclaims.

 

Hyundai Motor America v. Ace-A-Dent, United States District Court for Nevada

Ken Keller represented Hyundai in a fraud, breach of contract and RICO case against a “paint-less dent removal” company and obtained a multi-million jury verdict and award of attorneys’ fees.

 

Solipsist Films

Among their various entertainment engagements, Ken Keller represented a producer and rights holder on the movie Sin City 2, A Dame to Kill For. In a related transaction, they also negotiated a favorable deal for a television series with The Weinstein Company based on that property.

 

CRS Recovery Systems v. Laxton, United States District Court for the Northern District of California

Ken Keller stepped in before trial to represent CRS in an action to recover the domain name, RL.com, which had been stolen, and obtained a jury verdict for the recovery of the domain name.  The trial court verdict was upheld on appeal to the Ninth Circuit and the domain name returned to CRS.

 

The Oakland Raiders v. Arthur Andersen, et. al., Sacramento Superior Court

Stan Roman and Tracy Clements successfully defended the Arthur Andersen accounting firm in a $1.1 billion lawsuit bought by the Oakland Raiders football team, which claimed that the team was defrauded into moving from Los Angeles to Oakland.  The jury returned a unanimous verdict for Stan’s client after a five month jury trial.

 

Paul Dolan v. Mendocino Wine Group, United States District Court for the Northern District of California

The KSR team, represented the Mendocino Wine Group in a dispute involving trademarks, rights of publicity and other intellectual property issues regarding MWG’s well-known Paul Dolan wine brands.  The suit was successfully resolved with Chris’s client retaining full rights to the name, image, and all other aspects of ownership, while paying nothing to the claimant.

 

Crown Paper Liquidating Trust v. PriceWaterhouseCoopers LLP, et al., United States District Court for the Northern District of California

Stan Roman defended a 500 attorney law firm in a federal fraud case arising out of $500 million corporate divestiture and obtained a full dismissal in the trial court, which was affirmed on appeal by the Ninth Circuit.

Stan Roman prosecuted a three month jury trial based on breach of contract claims by a real estate syndicator, resulting in a multi-million dollar judgment.

 

MHC Financing Limited v. City of San Rafael, United States District Court for the Northern District of California

Ken Keller was co-counsel in related litigation involving the constitutionality of local rent control ordinances as applied to mobile home parks.

 

Invensys v. Motorola, United States District Court for the Northern District of California

Tom Sloan and Ken Keller prosecuted an action against the defendants for breach of contract, fraud and tortious interference in connection with the construction of a semiconductor chip factory in China.  The case settled favorably on confidential terms shortly before trial.

 

Maui Land & Pineapple Company v. Del Monte, United States District Court for the Northern District of California

Ken Keller represented Maui Land & Pineapple Company in cases asserting patent and trademark infringement and related antitrust allegations involving patents on hybrid pineapples.  The case was successfully resolved on confidential terms shortly before trial.

 

Rally Accessories v. Quest Industries, United States District Court for the Southern District of Florida

Ken Keller and Tom Sloan, assisted by Tracy Clements, defended its client against claims of patent and trade dress infringement involving the design of automobile dual wipers.  The jury returned a defense verdict for quest at the end of a two week jury trial.

 

Facebook

Chris Stretch is representing Facebook in two patent infringement actions pending in the United States District Court for the Eastern District of Texas.  One case involves technology related to the use of client/server devices over a network and the other involves the use of object oriented programming and the “tagging” of information containers throughout a network.

 

Applied Systems v. Litton Industries, Los Angeles Superior Court

Ken Keller, assisted by Tracy Clements, was retained to represent Varian in the retrial of a case remanded to Superior Court after a successful appeal to the California Supreme Court.  The case arose out of the building of a military defense system for Saudi Arabia.  Varian was facing an eight figure exposure but after an 11 week trial, the jury returned verdicts for Varian on the conspiracy and interference with contracts claims and a small award for Applied on a technical breach of contract claim.  The case received substantial media attention and resulted in an often cited appellate decision on the law of interference with contractual relations.

 

Dr. Martens/Airwair USA

Ken Keller has been involved in numerous cases involving the world famous Dr. Martens footwear trade dress and trademark infringement.