David V. Jafari
Managing Attorney

Tell: (949) 362-0100 | Fax: (949) 362-0101 | djafari@jafarilawgroup.com

Description

David Jafari is the founding member of Jafari Law Group. He has litigated and advised clients on Patent, trademark, copyright, trade secret, trade dress protection, counterfeiting defense and enforcement, partnership dissolution, director liability and fiduciary obligations, derivative actions, fraudulent transfer of assets, employment discrimination actions and wrongful termination in violation of public policy as well as wage and order cases. Mr. Jafari has been lead counsel in design and utility patent infringement actions in U.S. District Courts and has represented clients before the International Trade Commission. He has briefed and argued appeal of a design patent infringement litigation before the U.S. Court of Appeals for the Federal Circuit and has prosecuted numerous patent applications before the United States Patent and Trademark Office.

Prior to founding Jafari Law Group, David worked at McDermott Will & Emery, one of the largest global law firms in the United States. He was an associate Attorney in the Intellectual Property, Media and Technology Groupat the firms Washington D.C. office. Just prior to moving to Washington D.C. He worked as an associate Patent Attorney for Blakely Sokoloff Taylor & Zafman another national firm in Costa Mesa, California where he drafted and prosecuted patent applicationsfor major technology leaders such as Intel and Nortel.

Experience

David worked as an associateTrial Attorney at a major global law firm from 2001 through 2005. Because of his strong technical background in computer science and electrical engineering, he represented clients in various Federal Courts against such companies as Micron Technologies, Microsoft, Hewlett-Packard, and EMC. He also participated in 337 investigations before the International Trade Commission.

In his role as a patent litigation attorney, he performed many aspects of the patent litigation process. In one case, he conducted claim construction for a major computer manufacturers patent, studied products that were on the market, and identified potentially infringing products from a major competitor. Based on the infringement analysis, the client filed suit against the accused infringer and eventually received a multi-million dollars settlement.

In another matter, he along with another attorney represented a client that Microsoft had sued. Microsoft alleged that the client had sold counterfeit Microsoft software, and was seeking damages in the millions of dollars. David worked with the client and the other attorney to bring about a settlement that did not even reachsix figures.

In yet another matter, David along with several other attorneys defended one of the largest Japanese companies accused of importing infringing computer software into the United States. The client was facing an exclusion order, which if granted would have locked it out of the lucrative US computer storagebusiness. The technology at issue was RAID or Redundant Array of Independent Disks.The Complainant had filed a 337 investigation before the International Trade Commission and was asserting six patents. David performed claim construction, non-infringement and invalidity analysis, and contentions. He was also heavily involved in all aspects of discovery, summary judgmentand trial preparation. The case lasted nearly 11 months, and the Complainant who was concerned that one or more of the asserted patents might be declared invalid settled with the client.The client avoided the exclusion order.

In yet another case, David was part of the team that represented a major manufacturer of medical instruments including Stents to remedy aneurism. David performed claim construction and assisted with various aspects of discovery. In another complex litigation matter for breach of a licensing agreement with an inventor, David assisted with various aspects of discovery and motions. The case involved several causes of actions including Trade Secret Violations and Unfair Competition.

Education and Awards

David Jafari graduated from Western State University, College of Law, in Fullerton, California (1996-1999). He ranked third in his class of 122 students. He received a total of six American Jurisprudence Awards in Contracts, Civil Procedure, Evidence Practice, Uniform Commercial Code, Professional Skills, and Negotiations.

During his second-year of law school, David clerked for the Honorable Justice Sheila Prell Sonenshine at the California Court of Appeal in Santa Ana, California where he drafted both civil and criminal opinions. David also holds a B.S.E.E. and an M.S.E.E. from The George Washington University. His B.S. is in Electrical Engineering with an emphasis in Computer Science. His Masters degree is in Communications Engineering with an emphasis in Coding Theory. While working on his graduate degree, David taught four undergraduate courses at GWU School of Engineering and Applied Sciences.

David successfully took the Masters Comprehensive Exam at GWU and he took a number of courses towards his PHD.

Representative Matters

Patent Infringement Litigation; Multi-Processor Computer Hardware Architecture, Cache Memory Coherency; EEPROM Flash Memory; RAID Data Storage; Remote Data Mirroring;  Stent Graft System

SolutionInc Technologies Limited

Nomadix, Inc. v. SolutionInc Technologies Ltd.; Case No. CV10-0381AHM (Central District of California; 2010) Represent defendant in this patent infringement lawsuit involving network gateway devices. Plaintiff is represented by the intellectual property law firm of Knobbe Martens of Irvine, California.

Intergraph Corporation
Hewlett-Packard Company v. Intergraph Corporation, Civil Action No. 3:03-cv-02517-MJJ (Northern District of California; 2003); Hewlett-Packard v. Intergraph Hardware Technologies Co, Intergraph Corp. v. Dell Computer Corp., Civil Action No. 2:02CV 312 (Eastern District of Texas)
Represented Intergraph Corporation as part of core team of attorneys in patent infringement lawsuits involving multi-processor computer systems with cache memory coherency and updating technology.

Hitachi Ltd.
· Certain Data Storage Systems, ITC Inv. No. 337 TA 471 –(2003)
· Represented respondent Hitachi Ltd as part of a core team of attorneys against Complainant EMC in this section 337 investigation involving  computer data storage systems

for the sharing, management and protection of large amounts of data and information. The asserted EMC patents were directed to Remote Data Mirroring, Data Migration, Disk Mapping and Data Retreival for automatically providing and maintaining data at a remote site. The EMC products that practiced the inventions included EMC Symmetricx Data Storage.

Medtronic Corporation
Scimed Life Systems, Inc. And Corvita Corp. v. Medtronic AVE, Inc. and Medtronic, Inc.; C.A. No. 02-131 (District of Delaware 2002)

Represented defendant Medtronic as part of a core team of attorneys against Scimed in this patent infringement litigation lawsuit involving Medtronic’s AAA AneuRx Stent Graft System.

SanDisk Corporation
Represented Sandisk as part of a core team of attorneys to investigate patent infringement of SanDisk’s U.S. Patent No. 6,149,316 related to semiconductor electronically erasable programmable read only memories (Flash EEPROM Chips) Memory Systems.

Design Patent Litigation: Wheel Design; Jewelry Design

Allstar Tire and Wheels v. Wheel Pros, Inc., Civil Action No. SACV08-00563 AHS (Central District of California; 2008); Allstar Tire and Wheels v. Savini Styling Group; Civil Action No. 2-07-CV-448 (TJW).(Eastern District of Texas; 2008);   Represented Plaintiff Allstar as lead counsel in this design patent infringement litigation concerning design of lip covers for aftermarket wheels.

David Tishbi, Inc. v. Gabriel Ofiesh, Civil Action No. SACV 08-00501 AG (Central District of California; 2008) Represented plaintiff as lead counsel in this declaratory judgment action seeking declaration of non-infringement, unenforceability, and invalidity of US Patent No. D424,966, 6,295,732, and 6,497,117.

Kato v. Allstar Tire and Wheel; CV06-5051 PA ((Central District of California; 2006) Represented defendant Allstar in this design patent infringement lawsuit regarding aftermarket vehicle wheel design.

Design Patent Appeal:

Allstar Tire and Wheel, Inc. v. Wheel Pros, Inc. Appeal to United States Court of Appeals for the Federal Circuit (2011-1015) argued for the plaintiff-appellant in design patent infringement lawsuit regarding aftermarket auto wheel design.

Trademark & Copyright Infringement Litigation:

R-1 Racing Sports, Inc. v. Allstar Tire and Wheel, Inc. et al. SACV05-683 AHS ((Central District of California; 2005) Represented defendant Allstar in this trademark infringement lawsuit involving a trademark for aftermarket automotive wheels.

Medicine Online, Inc. v. BidRx, LLC (Central District of California; 2006) Represented plaintiff as lead counsel in this trademark infringement lawsuit regarding the mark BidRx related to providing an internet-based reverse auction bidding service for prescription drugs and medicine. M. Jafari and his firm took over the prosecution of this lawsuit after the complaint was drafted and filed by another firm. Mr. Jafari and his law firm prepared and filed the answer and counterclaims, initiated tdiscovery and subsequently settled the case for the plaintiff. Defendant was represented by the law firm of Hill, Farrer & Burrill, LLP in Los Angeles.

 J & J SPORTS PRODUCTIONS, INC., a California Corporation vs. Three Bandits, Inc. Case No.  EDCV08-0936 WDK (Central District of California; 2005) ; represented defendant in this alleged unauthorized publication or broadcast of Bernard Hopkins v. Jermain Taylor Championship Fight Program in violation of Title 47 U.S.C. Section 605.

 Universal City Studios Productions v. SSWAREZ.com Case No. CV08-8300AHM (Central District of California; 2008) Represented defendant in this copyright infringement lawsuit related to infringement of copyrights in numerous motion pictures and other audiovisual works. Defendant was accused of promoting a for-profit website to allow members of the public to easily locate and download infringing copies of movies and films. Plaintiff was represented by the Los Angeles law firm of Mitchell, Silberberg & Knupp LLP.

 GURU DENIM, Inc. v. TrueBrands.com; Case No. EDCV08-0928 (Central District of California; 2008) Represented defendant in this trademark infringement and copyright infringement lawsuit, false designation of origin and trademark dilution case. The case involved denim and non-denim men’s and women’s apparel under the True Religion Brand jeans pants line of apparel including the overall stiching pattern on the front of True Religion jeans.

 Lexani Int’l, Inc. vs. Behrouz Mizban, et al., Superior Court of California, County of Riverside, Riverside Branch, Filed 10/29/2010; represented defendant in this Misappropriation of Trade Secret, and unfair competition lawsuit.

 RBP performance, Inc. vs. T-REX Truck Products, Inc. Case No. 2:10-cv-07872 USDC, Central District of California, 2010. Represented defendant in this copyright Infringement, trademark infringement, and trade dress infringement lawsuit. Case was dismissed.

Employment Litigation: Discrimination based on National Origin; Wrongful Termination in Violation of Public Policy

Shawn Shirvan v. Astech Engineered Products, Inc Case No. 3002008-0011033 (Superior Court of California; County of Orange; Central Justice Center; 2008) Represented plaintiff as lead counsel in this wrongful termination lawsuit. Defendant was represented by John Collins and Mathew Holder of Sheppard, Mullin, Richter & Hampton LLP of San Diego, California. Case was settled 19 days before trial after defendant’s summary judgment was denied.

Alma Barrios v. HiLL ; Case No. 30-2009-00314774 Court of California; County of Orange; Central Justice Center; 2011) Represents plaintiff in wage and hour dispute with owner of several MacDonald frachisee.

Drengberg v. Dolce Group, Case No. 30-2011-0513176 (Court of California; County of Orange; Central Justice Center; 2011) Represents plaintiff in wage and hour dispute with owner of several restaurants.

Breach of Contract:

Avtar Singh v. Lekler; Case No. BC393361 (Superior Court of California; Los Angeles; 2008) Represented plaintiff in this breach of contract for the sale of business and breach of business purchase agreement resulting in entry of default judgment in favor of plaintiff.

Vinatronics, Inc. v. 3DX Technologies, LLC Case No. 07CC06588 (Superior Court of California; County of Orange; Central Justice Center; 2007) Represented plaintiff in this breach of contract and specific performance lawsuit for failure to pay according to contract. Defendant was represented by the law firm of Russ, August & Kabat of Los Angeles, California.

Bodine Electric Company v. Viking Access Systems, LLC Case No. 09cv3055 (Northern District of Illinoise; 2009) Represented defendant as lead counsel in this breach of contract under Uniform Commercial Code for the purchase of specialty designed motors for gate operators. Plaintiff was represented by the Chicago law firm of Hinshaw & Culbertson LLP seeking in excess of $500,000 in damages. Plaintiff originally filed its lawsuit in state court located in cook county. Mr. Jafari successfully removed the case to Federal Court and the case was eventually settled in mediation.

Palmieri, Tayler, Weiner, Wilhelm & Waldron LLP v. Tehranchi; Case No. 30-2008-00102675 (Superior Court of California; County of Orange; Central Justice Center; 2008); Represented defendant in this breach of contract matter and  settled the case in mediation.

CURRIER SQUARE, LLC., v. PREMIUM TOBACCO STORES, INC Case No.  137019 (SUPERIOR COURT OF CALIFORNIA; COUNTY OF BUTTE) Represented plaintiff in this Rent Action for breach of lease agreement and unfair competition.

CDR Investment Properties v. Parks Diversified Case No. 00303235 (Superior Court of Ca;lifornia; 2009) Represented defendant in this unlawful detainer lawsuit.

CDR Investment Properties v. Parks Case No. 00325549 (Superior Court of Ca;lifornia; 2009) Represented defendant in this complaint for breach of guaranty of commercial lease.

KARIM, vs. AMERICAN HONDA MOTOR CO., Case No. 30-2009-00120249 Represented plaintiff in this lawsuit FOR VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT.

Partnership Dissolution

Dr. James Fontanesi v. Dr. Stephen Doggett; Case No. 06CC11450 (Superior Court of California; County of Orange; Central Justice Center; 2007 ; Represented defendant in this partnership dissolution; accounting; breach of fiduciary duty, breach of partnership agreement.

Professional Negligence, Fraud, Breach of Fiduciary Duty

Los Angeles Radition Oncology Medical associates  v. Ruth Conboy CPA; Case No. 30-2009-00314774 (Superior Court of California; County of Orange; Central Justice Center; 2009) Reprersents plaintiffs in this professional negligence, breach of fiduciary duties lawsuit against their accountant.

USBANK PORTFOLIO SERVICES, a Division of Lyon Financial Services, Inc., as Servicer for DVI RECEIVABLES XV, L.L.C., v. STEVEN WII.LIAM DOGGETT, M.D.,; Case No. SACV05-324 JVS (Central District of California, 2006)

Represented Dr. Doggett in settlement negotiations with US Bank.

Arbitration:

Directv v. Satelite Systems Network; Case No. 72 199 Y 00161 06 HLT (American Arbitration Association);Represented Respondent as lead counsel in this breach of Sales Agency Agreement. Claimant Directv, Inc. was represented by the Los Angeles Law Firm of Quinn Emanuel Urquhart Oliver & Hedges, LLP