Assad Rajani is a seasoned litigator and trusted advisor. He concentrates his practice on IP litigation and counseling for a wide range of medical device, life sciences, and technology clients. Assad has successfully represented both plaintiffs and defendants in matters before federal and state courts, the International Trade Commission, the Patent Trial and Appeal Board (PTAB), the Federal Circuit, and in arbitration.
Experience
- Representing Boston Scientific Corporation in enforcing its patents relating to endoscopic clipping against Cook Medical. Following a seven-day jury trial, secured a willful infringement verdict and a $158 million damages award. Boston Scientific v. Cook Group Inc. (D. Delaware, S.D. Indiana, PTAB).
- Representing Exelixis in enforcing its exclusive IP rights regarding its antibody drug conjugate, XB002, and obtaining an injunction to prevent harm to its patent rights. Exelixis, Inc. v. Endpoint Health, Iconic Therapeutics, 24-cv-433059 (Sup. Ct. Santa Clara).
- Representing Takeda Pharmaceuticals in antitrust litigations involving settlement of Hatch-Waxman litigation involving Amitiza. In re Amitiza Antitrust Litigation, 1:21-cv-11057 (D. Mass.)
- Representing Heraeus in a trade secret misappropriation investigation before the U.S. International Trade Commission against Zimmer Biomet related to Heraeus' bone cements, resulting in a favorable settlement in which Zimmer Biomet paid Heraeus substantial sum. In the Matter of Certain Bone Cements, Components Thereof & Products Containing the Same, No. 337-TA-1153 (USITC).
- Representing Heraeus, successfully defending it against claims of trade secret misappropriation, false advertising, and tortious interference before the U.S. International Trade Commission. In the Matter of Certain Bone Cements and Bone Cement Accessories, No. 337-TA-1175 (USITC).
- Representing Hologic Inc. in enforcing its patents relating to endometrial ablation against a direct competitor. Impact Case of the Year (2021). Obtained summary judgment of infringement, assignor estoppel, no invalidity and a jury damages award, which were successfully affirmed following successful appeals at the Federal Circuit and the Supreme Court. Hologic Inc. v. Minerva Surgical Inc. (Supreme Court, Fed. Circ., D. Delaware, PTAB).
- Representing Hologic Inc. in defending a patent infringement suit relating to endometrial ablation devices. Obtained summary judgment of invalidity for prior public use and an order excluding Minerva’s infringement theories, which were affirmed on appeal. Minerva Surgical Inc. v. Hologic, Inc. (D. Delaware, Fed. Cir.).
- Representing Prothena Biosciences in a breach of contract action against Tufts Medical Center and Dr. Raymond Comenzo regarding Prothena's proprietary amyloid light chain antibody technology. Prothena Biosciences Ltd. v. Tufts Medical Center, 3:20-cv-02603-RS (N.D. Cal.).
- Representing Boston Scientific Corporation in a patent infringement suit relating to Left Atrial Appendage Closure devices. Boston Scientific Corporation v. Edwards Lifesciences (D. Delaware).
- Representing Google and Motorola in a patent infringement suit involving computerized handling of contact information. Arendi S.A.R.L. v. Google Inc. Motorola Mobility LLC (D. Delaware, PTAB, Fed. Cir.).
- Representing a global biopharmaceutical company in JAMS arbitration regarding a royalty dispute involving underlying issues of infringement. Obtained complete victory following 3-day hearing.
- Representing Time Warner in a patent infringement suit involving converting, navigating, and delivering video-on-demand content. The court granted Time Warner summary judgment of invalidity under 35 U.S.C. § 101. Broadband iTV, Inc. v. Time Warner Cable, Inc. (D. Hawaii, Fed. Cir.).
- Representing Cephalon in an ANDA litigation and IPR proceedings at the U.S. Patent Office involving formulations of bendamustine hydrochloride. Cephalon Inc. v. Fresenius Kabi USA, LLC (D. Delaware, PTAB).
- Representing SSL in a patent infringement suit involving end-to-end encryption technology. A jury trial ended with a $10 million damages award and a $5 million enhancement for willful infringement in SSL's favor, which was affirmed on appeal. SSL v. Citrix. (E.D. Texas, Fed. Cir.).
- Representing AAT Bioquest in enforcing its patents relating to a calcium ion indicator against a direct competitor. AAT Bioquest prevailed on summary judgment of no invalidity and no inequitable conduct. The parties proceeded to trial on damages. AAT Bioquest v. TEFLabs Inc. (N.D. California).
- Representing Elan Pharmaceuticals in a patent infringement suit involving Alzheimer’s disease assays and transgenic mice. Elan obtained an early dismissal with prejudice. Elan Pharmaceuticals v. Alzheimer's Institute of America (N.D. California).
- Representing Callidus in a patent infringement suit involving enterprise incentive compensation software and cross asserting Callidus' patents. Successfully instituted CBM Review challenging the validity of all of Versata's asserted business method patents and reversed the district court's denial of a stay pending CBM Review. Callidus Software Inc. v. Versata (D. Delaware, Fed. Cir.).
- Representing Amgen in an enforcing its patents related to granulocyte colony stimulating factor. The case settled on terms favorable to Amgen. Amgen Inc. v. Teva Pharmaceuticals Ltd. (E.D. Pennsylvania)
- Representing Amgen in enforcing its U.S. erythropoietin patents against Roche. The jury rendered a verdict in Amgen's favor on both infringement and validity for each of the asserted patents-in-suit and the Court entered final judgment and a permanent injunction in Amgen's favor. Amgen Inc. v. F. Hoffman La-Roche Ltd. (D. Massachusetts, Fed. Cir.).
- Representing Callidus in enforcing its patents and asserting business tort and breach of contract claims. The case settled in mediation on terms favorable to Callidus. Callidus Software v. Xactly Corp. (C.D. California).
- Representing Symantec in a trade secret misappropriation and breach of contract suit involving storage management software. Symantec v. StorageCraft. (D. Utah).
Perspectives
August 15, 2024
Best Lawyers in America 2025 Recognizes 91 Arnold & Porter Lawyers, Names Three as "Lawyers of the Year" and 80 as "Ones to Watch"
December 1, 2023
Amended Federal Rule of Evidence 702: What You Need To Know About the Admissibility of Expert Testimony
Advisory
Recognition
Best Lawyers
"Ones to Watch" Intellectual Property Law – CA (2021-2025)
Northern California Super Lawyers
"Rising Star" (2013-2022)
State Bar of California Wiley W. Manuel Award (2016, 2021)
Recognition for pro bono legal services to the poor or disadvantaged and increasing access to justice.
Credentials
Education
- J.D., University of California, Berkeley, School of Law, 2007
- B.A., Syracuse University, 2004, with honors (quadruple major)
Admissions
- California
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Eastern District of Texas
Activities
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Board of Directors, Vice President, Executive Committee, Governance Committee, Investment Committee, Development Committee, The Legal Aid Society of San Mateo County