Hon. Eugene F. Lynch (Ret.)

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Intellectual Property

Hon. Eugene F. Lynch (Ret.) was a Federal Judge for 15 years, and prior to that served in other California judicial positions for 11 years.  He has a vast amount of Intellectual Property experience, both while on the bench and as a full time neutral. Judge Lynch's settlement experience spans 40 years, with emphasis in the Federal and Superior Courts.  While on the bench, he served as the Designated Settlement Judge of the United States District Court for the Northern District of California. 

 

Judge Lynch has handled Intellectual Property disputes related to patent, copyright and trademark infringement, as well as theft of trade secrets.  These disputes have involved a wide variety of technology, including biotechnology and life sciences, telecommunications, medical devices, software and hardware, search engine technology, and eCommerce technology. 

Representative Matters

  • Successfully mediated a multi-million dollar biotechnology patent infringement dispute between the Regents of the University of California and Genentech
  • Handled alleged theft of trade secrets dispute between Advanced Fiber Communications and Acer Netxus
  • Mediated a patent infringement case involving the cosmetic industry
  • Mediated a patent infringement case involving the food industry
  • Successfully settled multiple disputes between well known adult website and various internet search engines for trademark infringement concerning photographic thumbnails
  • Mediated trade secrets case involving technology company and larger printer manufacturer
  • Successfully settled matter involving patent licensing company and manufacturer of analog semiconductors. Case settled in excess of $3M, involved patent and licensing issues contested in both CA State and Federal court
  • Successfully settled matter involving trade secrets and duty of loyalty issues between two financial advisory companies
  • Mediated a medical copyright infringement dispute
  • Mediated multiple intellectual property disputes involving eCommerce practice
  • Mediated technology patent infringement dispute involving claims of bankruptcy
  • Mediated technology patent infringement dispute with underlying claims of attorney malpractice
  • Mediated intellectual property disputes between universities who claim to have researched and developed intellectual property and company allegedly using such intellectual property
  • Mediation of patent disputes in the biotech and medical industries

Honors, Memberships, and Professional Activities

  • Recognized as one of the “500 Leading Judges in America,” by Lawdragon Magazine, 2006
  • Recognized as a Top 50 California Neutral, Daily Journal Extra, 2003
  • Recognized as One of the Bay Area's Top 10 Mediators and Arbitrators, The Recorder, 2002
  • Advisor, the American Law Institute regarding rewriting a portion of the Law of Tort practice
  • First Annual Judge of the Year Award, San Francisco Trial Lawyers Association
  • Chair, Kaiser Permanente Blue Ribbon Panel to review Kaiser Arbitration system
  • Member, American Board of Trial Advocates (ABOTA), San Francisco Chapter
  • Lecturer for the California Continuing Education of the Bar, the Rutter Group, Practicing Law Institute, Association of Business Trial Lawyers, San Francisco Intellectual Property Law Association, ABOTA, Price Waterhouse Intellectual Property Forum, and University of Houston Law School
  • Advisory Board Member, College of Trial & Appellate Advocacy, U.C. Hastings, 1984-1988
  • Member of Faculty, College of Trial & Appellate Advocacy, U.C. Hastings, 1971-1984

  • Publications:

    • "Settlement Conferences - A View From The Bench," Journal of the American Bar Association, Summer 1978; re-published 2d Ed. ABA Litigation Manual, 1989; re-drafted and re-published 3d Ed. ABA Litigation Manual, 1997
    • Co-author, "The Settlement of Federal District Court Cases: A Judicial Perspective," University of Oregon Law Review, Spring 1988
    • Co-author of "Negotiation and Settlement," Lawyers Cooperative Publishing 1992 (Nat'l Ed.)

Background and Education

  • Judge, United States District Court for the Northern District of California, 1982-1997; sat by designation, the Ninth Circuit Court of Appeal
  • Judge, San Francisco Superior Court, 1974-1982
  • Judge, San Francisco Municipal Court, 1971-1974
  • Partner and Trial Lawyer, O'Connor, Moran, Cohn and Lynch, San Francisco
  • LL.B., University of California, Hastings College of the Law
  • B.S., Santa Clara University (Senior Class President), Santa Clara, California

Disclaimer

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