John A. Polito

Partner

Passionate about technology and informed by the eight years he spent as a software engineer, John A. Polito understands his clients, their business models, and their products and services. John is the co-leader of the firm’s trademark and copyright litigation practice. As an intellectual property litigator, John represents companies in disputes relating to software, mobile devices, e-commerce, and online content. He counsels technology and information services companies, healthcare organizations, and universities on software licensing, software audits, and copyright portfolios. John also collaborates on tax controversy matters with respect to IP development and valuation issues.

Extended Profile

John has been a core member of the trial team for ground-breaking trials such as Amazon v. Commissioner and Oracle v. SAP. He works in discovery and at trial with computer scientists, forensics specialists, economists, statisticians, and other technical and expert witnesses. John’s pro bono practice focuses on artists’ and musicians’ intellectual property issues, immigration, and civil rights matters.

selected representations

Amazon.com, Inc. et al. v. Commissioner — Represented Amazon in successful challenge to notice of deficiency related to cost-sharing of pre-existing intellectual property (US Tax Ct.)
BlackBerry Ltd. et al. v. Cypress Semiconductor Corp. — Represented BlackBerry as plaintiff, counter-claimant, and defendant in patent infringement matters concerning USB, touchscreen, power, and wireless-system-on-chip technologies (N.D. Cal. and N.D. Tex.)
Earll v. eBay Inc.— Represented eBay in website accessibility dispute (N.D. Cal.)
Rimini Street v. Oracle International Corp. — Representing Oracle in copyright infringement and DMCA matter concerning enterprise application software (D.Nev.)
Represented payment-processing company in software licensing dispute
Secured on appeal a stay of a preliminary injunction that had been issued against an online marketplace at the height of the December shopping season in a trademark infringement matter
Oracle USA, Inc. v. SAP AG. — Obtained as a core member of the trial team a $1.3 billion jury verdict (later reduced on appeal) for infringement of copyrighted software (N.D. Cal.)
United States v. Windsor — Represented 278 employers and employer organizations concerned about the burdens that the Defense of Marriage Act imposes on employers in an amicus brief (US Sup. Ct.)
Obergefell v. Hodges — Represented 379 employers and employer organizations that set out a business case in favor of a nationwide right to marry in an amicus brief (US Sup. Ct.)