Roderick "Rod" Dorman is a principal in the Los Angeles office. For more than 40 years he has successfully represented major corporations and entrepreneurs as lead trial counsel and senior advisor in complex business disputes, antitrust matters, and intellectual property litigation in both district courts, state courts, appellate courts, and the International Trade Commission. Rod’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 lawyer 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 in an international , highly respected, full-service firm where he co-chaired the Patent and Technology Group worldwide. Rod is the unique trial lawyer/ corporate counselor who, when solicited for consideration for a potential litigation assignment, immediately asks “What is the business objective you want accomplished” and only thereafter discusses legal issues and strategy.
Rod has served as lead counsel for leading public companies, including Rovi Guides inc (TiVo) , Avery Dennison Corporation, Seagate Technology Inc., and Move Inc, among others. His career client and engagement has been his association with Rovi/TiVo, and its predecessor entities, including Gemstar, for nearly a thirty year period. Beginning in 1990, Rod served as national, lead trial counsel for intellectual property matters for Gemstar Development Corporation—a company that grew from a startup to having a $7 billion market cap as a result of successfully acquiring, licensing, and enforcing its patent portfolio. That company became Rovi/TiVo, which Rod currently represents and counsels. The most recent, important legal engagement for Rod has been the ongoing litgation disputes by Rovi against Comcast in both the International Trade Commission and the district courts.
For nearly three decades Rod 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 Rod’s practice involves a broad range of business, partnership, and intellectual property disputes, he focuses heavily on the prosecution and defense of patent cases. Rod has been lead trial counsel in more than 250 patent cases and has been lead appellate counsel and has argued 25 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.
- Baxter Int’l Inc. v. McGaw Inc.: 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 13 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. Rod 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, Rod 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.
- Rovi v. Comcast: Provided case management, senior counseling, and litigation supervision to Rovi’s senior litigation executives in connection with ITC and district court litigation filed by Rovi against Comcast to require Comcast, a prior Rovi licensee, to renew its license as had every other similarly situated Comcast competitor and provider of pay-per-view services.
- AdVantage Partners LLC v. Salton Inc. and related actions: 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.: 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. Rod 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.: Represented MOVE in an arbitration where the claimant sought a multimillion-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, Rod was able to reach a highly favorable settlement for its client through mediation.
- Rexam v. Avery Dennison Corp.: Rod 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. Roderick 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 Roderick to handle the jury trial in which Rodime accused Seagate of infringement of a form factor patent allegedly covering all three-inch hard disk computer drives. Since the case involved $1.6 billion in allegedly infringing sales of three-inch disc drives, Rodime sought hundreds of millions of dollars in reasonable royalty damages. Five months after being engaged, Rod 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: Represents SpeedTrack in enforcing its patent regarding methods for accessing computer files. 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, Rod 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: 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, Rod assisted in resolving the matters in mediation.
Rankings & Honors
- Recognized as a leading intellectual property lawyer by Chambers USA. The 2018 edition notes that "He is outstanding at dissecting technical issues and nuances, and coming up with creative approaches to enforcing patent claims." 2016 and 2018
- Named the Best Lawyers in America Patent Litigation “Lawyer of the Year” (Los Angeles), 2015-2019
- 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
- Martindale Hubbell AV Peer Review Rated
- Southern California Super Lawyers, 2006-2019
- Gale F. Johnson Prize in Public Affairs from the Woodrow Wilson School of Public and International Affairs at Princeton University (one of two prizes granted yearly).
- Woodson Wilson School Certificate
Community & Professional 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
Media & Events
- Media Coverage: McKool Smith Secures Appellate Win Reviving ABS Entertainment’s Pre-1972 Copyright Suit08.21.2018
- “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
J.D., University of Miami, 1976
A.B., cum laude, Princeton University, 1973
- States of California, Texas, Florida and District of Columbia
- U.S. District Court for the Central and Northern Districts of California
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the District of Columbia
- U.S. District Court for the Western District of North Carolina
- U.S. District Court for the Northern District of Georgia
- U.S. Court of Appeals for the Federal, Fifth, and Ninth Circuits
- U.S. Supreme Court
- State Bar of California
- State Bar of Texas
- State Bar of Florida
- Bar of the District of Columbia