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, ecommerce, social media, and cloud computing. He counsels technology and information services companies, healthcare and insurance organizations, and universities on software licensing, machine-learning projects, augmented and virtual reality issues, and copyright portfolios.
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.)
Education
Stanford Law School, 2007, J.D.
University of Michigan, 1996, B.A., Mathematics, With Honors
University of Michigan, 1996, B.M., Music, With Honors
Admissions
California
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Second Circuit
US District Court for the Central District of California
US District Court for the Eastern District of Texas
US District Court for the Northern District of California
Supreme Court of the United States
US Tax Court
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Recommended, Intellectual property: Copyright, The Legal 500 US (2019, 2020)
Recognized, Northern California Super Lawyers (2018–2021)
Rising Star, Northern California Super Lawyers (2013–2017)
Associate to Watch, California’s Top 20 Under 40 Lawyers, Daily Journal (2014)
Member, American Bar Association
Vice Chair, ABA Copyright Office Affairs Committee (2019–2020)
Liaison, ABA Forum on Entertainment and Sports Industries (2019–2020)
