Claude M. Stern is an attorney with more than 40 years of experience, during which time he gained extensive national experience in all areas of intellectual property, licensing, allegedly defective technology and complex civil litigation. Mr. Stern served as co-chair or chair of Quinn Emanuel Urquhart & Sullivan’s national intellectual property litigation practice, the largest practice area within Quinn Emanuel, from 2003 through 2021.

Mr. Stern was the lead trial counsel in numerous precedent-setting cases within the intellectual property field. He also has had substantial experience in litigating and settling technology performance class-action cases, particularly involving allegations of defective software and hardware, and has spoken widely on the subject. He has tried jury and non-jury cases in state and federal courts throughout the United States and has extensive arbitration and mediation experience, as well as extensive litigation experience before various federal and state agencies, including the Federal Trade Commission. In 2006, he served as president of the Association of Business Trial Lawyers, the most prestigious bench-bar educational organization for trial lawyers in California.

Mr. Stern was repeatedly recognized as one of the preeminent intellectual property trial lawyers and litigators in Silicon Valley, California and the United States by such publications as Chambers: America’s Leading Lawyers for Business (2006–2020), Law Dragon, San Francisco magazine and San Jose magazine. He has also consistently been recognized as one of California’s Super Lawyers (2004–2020). From 2010 through 2020, Chambers identified him as one of eight lawyers in California designated as Band 1, or “most recommended.” Chambers observed that he “is held in high regard for his work across patent, trademark, copyright, and trade secrets.” The 2020 publications for Chambers USA and Chambers Global ranked Mr. Stern Band 1 for Intellectual Property: Trademark, Copyright & Trade Secrets.

Representative Matters

• Artificial Intelligence
• Represented (in arbitration and litigation through award and judgment) former CEO/founder and chief code programmers of artificial intelligence (AI) and natural language processing (NLP) company against claims of trade secret misappropriation, breach of contract and breach of fiduciary asserted by former employer AI/NLP company
• Represented China-based cutting-edge AI/autonomous vehicle developer in lawsuit against a former officer, a former employee and their two successor companies for alleged trade secret theft and breach of contract relating to proprietary and secret AI/autonomous vehicle source code and related information
• Represented cutting-edge AI/autonomous vehicle developer and their founding officers in lawsuit brought by former AI/autonomous vehicle employer for alleged trade secret theft, copyright infringement and breach of contract relating to proprietary and secret AI/autonomous vehicle source code and related information
• Intellectual Property

Trade Secret Misappropriation/Employee Mobility

• Represented company in a threatened trade secret and breach of fiduciary duty suit against a major virtual desktop competitor and a former executive vice president
• Represented Russian jet manufacturer in a trade secret, copyright and breach of contract suit
• Represented major software games publisher and developer against a former employee and contractor who hacked the company’s secure servers post-employment and misappropriated company code
• Represented energy and petrochemical company in a trade secret misappropriation and breach of nondisclosure agreement (NDA) suit concerning gas centrifuge technology
• Represented business software company in a trade secret misappropriation suit
• Represented airline and software company in a trade secret misappropriation and copyright infringement lawsuit arising out of the alleged theft and copying of reservations software
• Represented one of the U.S.’ major defense contractors in a trade secret suit brought by a former software vendor that claimed that the defense contractor stole its proprietary software
• Represented technology company in a trade secret action against allegations that the company had misappropriated customer lists and reverse-engineered part of its software for a competing solution
• Represented a software company’s chief scientist with respect to the plaintiff's allegation of trade secret misappropriation
• Represented a software company in trade secret and copyright infringement suit brought against a competitor, based on access to trade secrets via customers who were under nondisclosure obligations
• Represented major international database software developer and operator that asserted claims of trade secret misappropriation and breach of confidence against a competitor and several former employees
• Represented major international database software developer and operator that asserted claims against a competitor arising out of the alleged misuse of confidential information by former employees
• Represented popular software game publisher and developer with respect to competitor’s claims of trade secret misappropriation, unfair competition and breach of confidence
• Represented the largest U.S. electronic bingo game developer and one of the leading manufacturers of electronic gaming equipment in defense of copyright infringement, trade secret misappropriation and related claims
• Represented major art-dealing internet platform in a trade secret misappropriation and breach of confidence suit filed by a company run by three former employees
• Represented 11 executives and subsidiaries of one of China’s largest LED developers and manufacturers in a trade secret misappropriation and Computer Fraud and Abuse Act case
• Defended software publisher and developer startup in a trade secret infringement suit brought by rival game developer
• Represented company and seven of its employees who were sued by their former equipment leasing employer for breach of confidence, trade secret misappropriation and related claims
• Represented China-based cutting-edge autonomous vehicle developer in lawsuit against a former officer, a former employee and their two successor companies for alleged trade secret theft and breach of contract relating to proprietary and secret autonomous vehicle source code and related information
• Represented the largest online agricultural exchange against a former employee (and his new employer) for theft of trade secrets, violation of former employee’s noncompetition agreement, and intentional and negligent interference with contract

Copyright Infringement

• Represented an international design and architecture company, in defending against a claim by a major CAD/CAM publisher and developer that the defendant had without authorization used unauthorized copies of CAD/CAM software, thereby engaging in copyright infringement
• Represented large U.S. business utility software publisher/developer in a copyright and breach of contract lawsuit against another software company in which the defendant allegedly created an unauthorized number of copies of plaintiff’s software
• Represented one of the largest Chinese video and mobile game developers and publishers in a copyright and trade dress infringement suit filed by competitor, where competitor alleged that the Chinese game publisher’s two popular games infringed plaintiff’s copyrights and trade dress in competitor’s video game
• Defended international business software developer and publisher in a copyright and breach of confidence lawsuit filed by major pharmaceutical company relating to remote-based monitoring software
• Defended China-based software and game developer in a copyright suit filed by two U.S.-based internet and software game publishers regarding defendant’s successful accused mobile game, which plaintiffs allege infringes certain game and character features of their highly successful video games
• Represented international business and utility software publisher and developer in a copyright infringement and breach of contract action against major U.S. bank and several of its financial affiliates
• Represented popular internet and mobile-game software publisher in various copyright suits in which the publisher was accused of copying various competitors’ game visuals and game structure
• Represented Canadian software company that was sued for copyright infringement and trade secret misappropriation for allegedly using a pretextual website to obtain competitive information for sales operations
• Represented one of the U.S.’ largest entertainment companies in a suit by a screenwriter and poet who claimed that the entertainment company’s blockbuster feature films were an unauthorized derivative work of the plaintiff’s poem and treatment
• Represented venture capital firm in a lawsuit filed by various record labels in which plaintiffs asserted claims for contributory and vicarious copyright infringement and various state tort claims stemming from venture capital firm’s investment in one of the internet’s first music file-sharing developers
• Represented software publisher and developer in precedent-setting case involving a competitor that created a visual clone of plaintiff’s bestselling software product
• Defended equipment leasing company and two of its subsidiaries against charges of copyright infringement, trade secret misappropriation, unfair competition and breach of a license agreement
• Represented one the largest financial software publishers in the United States in a case of copyright infringement where the financial software publisher allegedly incorporated the plaintiff's code into its award-winning tax and accounting family of products
• Lead counsel in a copyright infringement and trademark infringement case brought against one of the country’s oldest human rights organizations in which the plaintiff claimed ownership of certain educational materials
• Represented major international automobile and petroleum products company in a copyright infringement suit concerning aftermarket automobile accessories
• Represented one of the U.S.’ largest photograph content owners in multiple copyright infringement enforcement actions concerning content owner’s copyrighted images
• Represented internet-based shoe retailer in a copyright infringement suit regarding online advertising
• Defended software game publisher in a copyright infringement suit relating to a fantasy golf video game

False Advertising/Trademark Infringement

• Represented law firm in trademark dispute against a group of lawyers operating under a confusingly similar name
• Represented one of the largest Chinese video and mobile game developers and publishers in a copyright and trade dress infringement suit filed by competitor, where competitor alleged that Chinese video game company’s mobile phone games infringe plaintiff’s copyrights and trade dress in competitor’s video game
• Represented a Section 501(c)(3) philanthropy against Silicon Valley University in a trademark lawsuit in which client alleged that university had breached a trademark licensing agreement and committed trademark infringement by offering courses and classes that infringed the plaintiff’s mark
• Represented international kitchen appliance manufacturer and its U.S. subsidiary and U.S. distributor in a Lanham Act and California law false advertising and unfair competition lawsuit regarding advertising concerning the nutritional benefits of juicers and juicing
• Represented well-known venture capital firm in a trademark suit against financial advisor with a confusingly similar name
• Represented major salon-product manufacturer in a false advertising, trademark infringement and counterfeiting lawsuit relating to the domestic and international distribution and sale of consumer salon products
• Represented international petroleum product and automobile accessory company in a trademark action and breach of license agreement relating to the sale of aftermarket automobile products
• Represented one of the world’s largest CAD/CAM publishers and developers in a false advertising, false designation of origination and unfair competition suit involving CAD software marketing
• Represented pharmaceutical advertising company in the defense of a false advertising suit related to the field of electronics coupon distribution
• Represented cellphone manufacturer in a trademark and false advertising suit
• Represented one of the world’s largest financial and tax-planning software companies in false advertising and trademark infringement litigation brought by its chief competitor
• Represented major online advertiser in a case involving allegations of trademark and copyright infringement in online advertisements
• Represented one of the world’s largest financial and tax-planning software companies in an unfair competition and false advertising case that resulted in the first California Court of Appeal decision addressing the subject of illegal rebates under the California Consumer Legal Remedies Act
• Represented international petroleum product and automobile accessory company in two trademark infringement, anti-dilution and anti-cybersquatting cases against foreign entities operating infringing websites
• Represented major video game and online game publisher and developer against trade dress infringement claims associated with software packaging
• Represented U.S.’ largest publisher of educational software products against trade dress infringement claims associated with software packaging

Patent

• Represented international airplane manufacturer and its subsidiary in an ICDR arbitration where a major defense contractor subsidiary claimed that the airplane manufacturer had committed fraud and breached a patent settlement agreement by misrepresenting its intellectual property rights
• Lead counsel in two separate lawsuits; plaintiff electronic document-management entities sued the U.S.’ largest document electronic signature and contract management company as well as a dozen customers for allegedly infringing multiple patents in the automatic email response technology field
• Represented online tutorial startup in a patent suit filed by competitor relating to the field of online tutorial generation
• Lead counsel in an eight-patent case against numerous semiconductor manufacturers relating to network interface card technology
• Represented electronic-tracking software startup in a two-patent case brought by competitor in the field of two-sync screen advertising technology
• Led the U.S. team that strategized the non-infringement and invalidity defenses of a major cellphone manufacturer and its U.S. supplier in a single-patent case in the Beijing Intellectual Property Court
• Represented major U.S. electronic signature company in a patent case involving document encryption technology.
• Represented remote-control startup in a nine-patent suit brought by one of the largest remote-control manufacturers
• Represented Israeli surgical device manufacturer in a three-patent suit
• Represented international CAD/CAM publisher and developer relating to an automated dimensioning CAD/CAM patent
• Represented digital rights management company in a patent suit in the field of data storage and retrieval
• Represented online automobile sales company in a patent infringement suit concerning automotive purchase financing
• Represented online dating service and matchmaker in a two-patent suit
• Represented several major U.S. video and online game software publishers in three separate lawsuits in which the plaintiff-competitor asserted patents in the computer-generated game field
• Represented three major network affiliates in a two-patent patent infringement suit
• Represented solar panel manufacturer that has been sued by competitor on four patents in the photovoltaic cell field
• Represented two of the largest online search companies in a patent suit covering the on-the-fly deletion of expired records in a database
• Represented 10 cutting-edge technology companies in defending against patent infringement charges; the patent related to the field of software configuration and resetting technology
• Represented two Israeli companies in an eight-patent patent infringement lawsuit filed by U.S. competitor in the field of wireless and WAP1 technology
• Represented a digital media solutions corporation in its suit to enforce a pioneering patent in the field of electronic coupon distribution
• Represented online loan marketplace company in a patent infringement suit involving online transaction technology
• Represented a trading company in a patent infringement suit relating to trading securities over multiple electronic exchanges
• Represented motor vehicle manufacturer and motor oil brand in a two-patent patent infringement action relating to various aftermarket automobile products
• Represented a major U.S. food and beverage company in defending against claims that its plastic coffee containers infringed two of a consumer goods corporation’s patents
• Represented an informatics and automation products company in a patent infringement and breach of contract suit against its competitor
• Represented a mobile security provider in patent, copyright and trademark infringement actions in the wireless/email area
• Represented one of the leading manufacturers of electronic gaming equipment in defense of separate patent infringement suits brought by two competitors
• Represented an online loan marketplace company in a patent infringement suit against its competitor involving online loan-matching technology
• Represented search service and information company in a patent infringement suit involving claims concerning internet search technology
• Represented an electronic communications company in a patent infringement lawsuit relating to two patents in the field of thin-film technology defect-detection technology
• Represented technology company in a patent infringement suit involving a patent in the area of software presentation technology
• Non-Game Entertainment
• Represented a famous jazz musician’s estate in its royalty and contract suit with his former manager and agent
• Represented a famous technology author/journalist/film writer in his much-publicized trademark infringement and copyright infringement litigation with an international publishing conglomerate concerning the author’s rights to use his famous pseudonym
• Technology Defect and Licensing Disputes
• Represented major online rights management company in a contract, indemnity and tort suit filed by major international computer manufacturer relating to software performance
• Represented pharmaceutical marketing company in an arbitration in which client alleged coupon-publisher had breached various duties under a patent license agreement
• Represented the premier patent licensor in the field of digital rights management against several of its licensees
• Represented international chip/semiconductor manufacturer in a breach of license jury trial in the Delaware District Court
• Represented the premier patent licensor in the field of digital rights management in an arbitration regarding an alleged earned but unpaid earn-out
• Represented U.S.’ then-largest men’s hair replacement company in a breach of license/franchise agreement jury trial in the Los Angeles Superior Court
• Represented software publishers in a variety of disputes with their distributors
• Represented a computer equipment lessor in disputes with its lessees concerning various issues, including the lessees’ obligation to maintain and service the leased equipment
• Defended largest accounting and tax-planning software publisher against an asserted California class action where the plaintiff asserted claims that the company was charging customers for unordered technical support
• Defended largest accounting and tax-planning software publisher against an asserted national class action where the plaintiff asserted claims that the company’s decision to sunset or discontinue tech support and the online features of its award-winning accounting product was unlawful
• Defended interactive television software developer against a claim of breach of contract involving the development of an interactive television software platform
• Defended Canadian software publisher against an asserted national class action where claims of breach of warranty, negligence and consumer fraud were leveled against versions of publisher’s award-winning design and drawing software program
• Defended largest accounting and tax-planning software publisher against three consolidated national class actions in California in which the plaintiffs claimed that the online banking functions of various versions of the publisher’s award-winning accounting program were not Year 2000 compliant
• Defended design software publisher against a national class action in which the plaintiffs claim that two versions of award-winning design and architecture program were not Year 2000 compliant
• Defeated an attempt to certify a national or a state class action against two major software and online game software publishers where claims of breach of warranty, negligence and consumer fraud were leveled against a state-of-the-art, multi-person online gaming program
• Defended computer and semiconductor manufacturer against a national class action in which the plaintiff claimed that certain hardware was defective because the hardware was not Year 2000 compliant
• Represented a U.S. and Israeli company being sued for the sale of allegedly defective semiconductors
• Represented major U.S. software and online game publisher and developer in four class actions based on allegedly defective digital rights management technology

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Association of Business Trial Lawyers
  • President, 2006
  • Vice President, 2005
  • Treasurer, 2004
  • Board of Directors, since 1997
• Lawyer Representative, United States District Court of the Northern District of California, 2001–2004
• Lawyer Representative to United States Court of Appeals for the Ninth Circuit, 2002–2005
• Fellow, American Bar Foundation

Selected Awards and Honors

• Included on “Intellectual Property, Trademark, Copyright & Trade Secrets,” Band 1, Chambers USA and Chambers Global, 2021
• Recognized in The Best Lawyers in America for Litigation, Intellectual Property and Litigation, Patent, 2020–2021
• Recognized by IAM 1000 The World’s Leading Patent Professionals, 2018
• Selected as a “Global IP Star” by Managing Intellectual Property, 2018
• Recognized as a Super Lawyer, 2006–2020
• Recognized in “The Best Lawyers in America Guide,” 2018–2020
• Recognized as a “Recommended Lawyer for Trade Secrets” by Legal 500, 2018
• Ranked in M&A Today Global Rankings as a U.S. – IP Individual Excellence Adviser of the Year in California, 2017
• Named an “IP Patent Star” and “IP Trademark Star” by Managing Intellectual Property, 2017
• Selected to appear in the fifth edition of IP Stars from Managing IP (MIP) magazine, 2017
• Named by The Lawyer International as U.S. – IP Individual Excellence Adviser of the Year in California, 2017
• Selected as an "IP Star" by Managing Intellectual Property, 2017
• Ranked in M&A Today Global Rankings 2017: U.S. – IP Individual Excellence Adviser of the Year in California 
• Named a “Northern California Super Lawyer” by Super Lawyers, 2016
• Ranked in Who's Who Legal: Patents, 2016–2018
• Selected as an "IP Star" by Managing Intellectual Property, 2016
• Selected by The Best Lawyers in America in Litigation – Intellectual Property, 2016–2020
• Selected by The Best Lawyers in America in Litigation – Patent, 2016
• Selected as a winner in the Corporate America M&A Awards, 2015

Background and Education

• Fellow, Stanford Distinguished Careers Institute, 2021–2022 (2020 Cohort)
• Quinn Emanuel Urquhart & Sullivan LLP, 2003–2021
  • Partner, 2003–2021
  • Managing Partner of the Silicon Valley Office, 2003–2015
  • Chair and then Co-Chair of National Intellectual Property Litigation Practice, 2003–2021
• Fenwick & West LLP, 1994–2003
  • Partner, 1994–2003
  • Executive Committee, 2001–2003
  • Strategic Planning Committee, 2000–2001
  • Chair, Software & Technology Litigation Group, 1996–2003
• Nossaman, Guthner, Knox & Elliott LLP, 1989–1994
  • Partner, 1989–1994
• Horwich & Warner LLP, 1984–1989
  • Partner, 1987–1988
  • Associate, 1984–1987
• Morrison & Foerster LLP, 1982–1984
  • Associate, 1982–1984
• Judicial Clerk, United States Court of Appeal, Ninth Circuit, Hon. Jerome Farris, 1980–1981
• J.D., University of California Hastings College of Law, 1980
  • Hastings Law Journal
    • Senior Articles Editor, 1979–1980
    • Member, 1978–1979
  • Order of the Coif
  • Thurston Honor Society
• B.A., summa cum laude, Philosophy, University of California, Los Angeles, 1977