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Roderick G. Dorman

Los Angeles Office
Principal
Los Angeles Office

865 South Figueroa St.
Suite 2900
Los Angeles, CA 90017
TEL: 213.694.1006 FAX: 213.694.1234
rdorman@mckoolsmithhennigan.com

Roderick Dorman is a Principal in the Los Angeles office. For over 30 years, he has successfully represented major corporations and entrepreneurs as lead trial counsel in complex business disputes, antitrust matters, and intellectual property litigation.  Mr. Dorman’s success in resolving disputes, both inside and outside of the courtroom, springs from the unique perspective gained by having served in nearly every possible legal capacity. His legal career started as a client (in-house lawyer for Conoco, Inc), continued as a federal prosecutor (trial attorney for the United States Department of Justice, Antitrust Division), then proceeded as a partner and lead litigator in firms he founded, in a nationally recognized intellectual property boutique firm, and a national, full-service firm where he co-chaired the Patent and Technology Group world-wide.

Mr. Dorman has served as lead counsel for leading public companies, including Avery Dennison Corporation, Seagate Technology, Inc. and Move, Inc, among others. He has also served as national, lead trial counsel for intellectual property matters for Gemstar Development Corporation—a company that grew from a start-up to having a $7 billion market cap as a result of successfully acquiring, licensing, and enforcing its patent portfolio. For over two decades, Mr. Dorman has represented and counseled the noted inventor and infomercial personality, Ron Popeil, and his affiliated business entities in connection with major commercial and intellectual property litigation.

While Mr. Dorman’s practice involves a broad range of business, partnership, and intellectual property disputes, he focuses heavily on the prosecution and defense of patent cases.  Mr. Dorman has been lead trial counsel in over 200 patent cases and has argued over 20 appeals in the United States Court of Appeals for the Federal Circuit.  These cases have involved pharmaceuticals, medical products, wireless telecommunications, automotive paint films, reformulated fuels, post-tension concrete, chip design, computer software, and a host of other technologies.

Representative Matters

  • Baxter Int’l, Inc. v. McGaw, Inc.:  Mr. Dorman successfully preserved a $400 million sales per year product line for B. Braun, formerly McGaw, Inc. in the defense of a major patent infringement case in federal court in Chicago.  Baxter Healthcare and Baxter Int’l had sued McGaw Inc., for patent infringement on thirteen claims in three different patents arising from McGaw’s manufacture and sale of needle-less injection sites for IV sets, intended to avoid accidental needle sticks and resulting HIV exposure. On three patent claims there was no non-infringement defense, and there was evidence of copying by McGaw.  Baxter sought a preliminary injunction and the court specially set the case for trial only four months after the case was filed.  Mr. Dorman was lead trial counsel in the jury trial in which the Court restricted each side to 40 hours of examination for the entire case.  During the plaintiffs’ case, Mr. Dorman used 19 of those 40 hours cross-examining the two inventors to prove they had defrauded the Patent Office.  The jury found non-infringement on the majority of asserted patent claims and further found the remaining asserted patent claims invalid.  Additionally, the trial court was persuaded by clear and convincing evidence that Baxter had committed inequitable conduct in the prosecution of the patents.  The Federal Circuit Court of Appeals affirmed these determinations.
  • AdVantage Partners, LLC v. Salton, Inc. and related actions:  Mr. Dorman represented Ron Popeil and AdVantage Partners, Inc., a holding company of patents for which Ron Popeil is the inventor, in a number of patent infringement actions against Salton, Inc. and its retailers/distributors, in which AdVantage sought injunctive and compensatory relief for Salton’s allegedly infringing sales of the George Forman Jr. rotisserie and the Baby George rotisserie.  These matters were favorably resolved on behalf of AdVantage and Mr. Popeil.
  • Dey, L.P. v. Ivax Pharmaceuticals, Inc., et. al.:  Mr. Dorman represented Dey, L.P. in a patent infringement action under the Hatch-Waxman Act against six major pharmaceutical companies, all competing for the ability to manufacture the generic version of Dey’s product.  Mr. Dorman and his team successfully litigated the case, defending Dey’s patent against the generics and protecting Dey’s highly profitable revenue stream generated from its branded inhalation solution used to treat Chronic Obstructive Pulmonary Disorder during the period of the litigation.
  • Experian Holdings v. MOVE, INC.:  Mr. Dorman represented his client, Move, in an arbitration where the claimant sought a multi-million dollar indemnification award arising from alleged breaches of representations and warranties made in connection with a $110 million asset purchase agreement.  After succeeding on several issues during the first phase of arbitration, thereby significantly reducing the possible indemnification award, Mr. Dorman was able to reach a highly favorable settlement for its client through mediation.
  • Rexam v. Avery Dennison Corp.:  Mr. Dorman was Avery Dennison’s trial counsel and patent appeals counsel in a number of related patent infringement actions pending in Charlotte, North Carolina, involving dry, automotive paint film and related technology.  Mr. Dorman was lead trial counsel for Avery in a priority of invention dispute won by Avery at both the trial level and before the Federal Circuit Court of Appeals.
  • Rodime PLC v. Seagate Technology, Inc.:  After a favorable trial court’s order granting Seagate Technology, Inc.’s summary judgment motion of non-infringement was reversed by the Federal Circuit Court of Appeals, Seagate sought and engaged Mr. Dorman to handle the jury trial in which Rodime accused Seagate of infringement of a form factor patent allegedly covering all 3-inch hard disk computer drives.  Since the case involved $1.6 billion in allegedly infringing sales of 3-inch disc drives, Rodime sought hundreds of millions of dollars in reasonable royalty damages. Five months after being engaged, Mr. Dorman and his team of lawyers assisted Seagate’s in-house counsel in resolving the matter on Seagate’s behalf.
  • SpeedTrack, Inc. v. Wal-Mart.com USA, LLC:  Mr. Dorman represents SpeedTrack in enforcing its patent regarding methods for accessing computer files.  We successfully settled litigation against companies who make and sell GPS devices and is currently litigating against Wal-Mart.com and its supplier, Endeca Technologies, Inc.
  • StarSight Telecast, Inc. v. General Instrument:  In a three judge arbitration in San Francisco, Mr. Dorman was lead counsel for StarSight Telecast and successfully secured an arbitration award against General Instrument in connection with a substantial trade-secret dispute involving electronic program guide technology.  The amount of the award is subject to a confidentiality agreement.
  • Storage v. Xiotech and Seagate Technology LLC:  Mr. Dorman successfully represented Seagate Technology and its subsidiary, Xiotech Corporation, after Storage Computer Corporation filed suit for alleged infringement of a portfolio of RAID (Random Array of Independent Disks) patents.  Xiotech is one of the largest manufacturers of RAID systems.  After asserting patent infringement counterclaims against Storage Computer, he assisted in resolving the matters in mediation.

Professional & Community Activities

  • American Bar Association
  • Federal Bar Association
  • Los Angeles Intellectual Property Association
  • Los Angeles County Bar Association
  • Executive Committee Member of the Litigation Section of the Los Angeles County Bar Association (2000 - 2009)
  • Chair, Litigation Section of the Los Angeles County Bar Association (2004 - 2005)
  • Executive Committee Member of the Federal Courts Section of the Los Angeles County Bar Association (2008 - 2011)

Awards & Recognition

  • Named the Best Lawyers in America 2015 Patent Litigation “Lawyer of the Year” (Los Angeles).
  • Ranked as a leading intellectual property lawyer by Chambers USA. In the 2014 edition, he is described as "a veteran courtroom attorney, who is highly valued by his clients for his hands-on approach." The publication also notes that "he is a well-respected figure in the California IP Bar."
  • Recommended as a leading U.S. patent litigator by Legal 500 (2014)
  • Ranked in Best Lawyers in America as a leading lawyer in Intellectual Property and Patent litigation.
  • AV Peer Review Rated
  • Southern California Super Lawyers, 2006-2013
  • Gale F. Johnson Prize in Public Affairs
  • Woodson Wilson School Certificate

Articles

“Copyright and Piracy—Through the Copyright Lens,” The John Marshall Review of Intellectual Property Law, November 18, 2004

“The Case for Compensation:  Why Compensatory Components Are Required For Effective Antitrust Enforcement,” Vol. 68, No. 6 Georgetown Law Journal, August 1980