Adam Powell has a broad practice that involves litigating all types of intellectual property cases, including patent, trade secret, copyright, and trademark matters. He also has extensive experience litigating antitrust matters, particularly those involving technologically complex issues. Adam works with a variety of technologies, including medical devices, software, electronics, chemistry, biotechnology, solar energy, and commercial diving.
In one of his most successful cases, Adam represented Masimo Corporation in a three-week trial against Philips. The jury awarded $466 million to Masimo and rejected Philips’ infringement claims seeking $169 million. That verdict was featured in The National Law Journal’s “Top Verdicts of 2014” as the top intellectual property verdict and number 5 verdict overall, and was also listed as the “Top IP Award of 2014” by Law360. After the jury trial, Adam was responsible for defending against Philips’ antitrust counterclaims alleging patent misuse, monopolization, attempted monopolization, and technological tying. The litigation eventually settled with Philips paying Masimo $300 million and agreeing to a multi-year joint marketing and sales program in which Philips would integrate Masimo technologies in its patient monitors.
Adam also recently defended a biotech company in a case relating to liquid biopsy technology, which uses DNA sequencing to monitor cancer. Adam was responsible for asserting counterclaims for Walker Process monopolization and attempted monopolization. The case recently settled.
Adam also recently represented EagleLIFT in a lawsuit alleging breach of contract, trademark infringement, false advertising, and trade secret misappropriation. Adam was responsible for EagleLIFT’s patent misuse and antitrust counterclaims alleging tying, improper covenants not to compete, exclusive grantback assignments, and other restrictive covenants. The case settled after EagleLIFT asserted its counterclaims.
Adam also has extensive experience resolving trade secret and employee mobility matters. In connection with those cases, Adam routinely manages complex computer forensic investigations of former employees alleged to have stolen confidential computer files before leaving to work for a competitor. In one bench trial, he proved two former employees downloaded and took thousands of computer files to their new employer. The Court found the employees engaged in “despicable conduct,” justifying an award of compensatory damages, punitive damages, attorney’s fees, and a permanent injunction. In another case, he proved the defendant engaged in extensive spoliation of electronic evidence, resulting in a terminating sanction, compensatory damages, attorney’s fees, and a permanent injunction.
Adam is also active in the legal community. He serves on the Board of Governors for the San Diego Chapter of the Association of Business and Trial Lawyers, where he helped implement a Trial Attorney Partnership program with the San Diego County District Attorney’s Office and the San Diego City Attorney’s Office. He is also an active member of the J. Clifford Wallace Inn of Court and regularly speaks at roundtable events for the Association of Corporate Counsel.
Prior to joining the firm in 2010, he graduated from UC Hastings Law School, where he served on the Hastings Law Journal, Hastings Moot Court Team, Law and Bioscience Project, and Civil Justice Clinic. Adam also served as a judicial extern to the Honorable Jeffrey S. White, U.S. District Court, Northern District of California.
University of California – Hastings – School of Law, J.D.
University of California – Santa Barbara (UCSB), B.S., Chemical Engineering
State Bar of California
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court – Central District of California
U.S. District Court – Northern District of California
U.S. District Court – Southern District of California
U.S. Patent and Trademark Office
Biotech
Aesthetic & Cosmetic Biotechnology
Diagnostic Tools
Personalized Medicine
Chemical, Industrial & Materials
Building Construction
Building Products & Materials
Chemical Engineering
Communications Technology
Cellular Networking & Communications
Radio
Wireless Local Area Networks
Consumer Products & Services
Electrical, Semiconductor & Computer Technology
Electronics & Semiconductors
Healthcare Information Technology
Software & IT
Energy
Clean Technology
Solar Power
Medical Devices & Procedures
Biocompatible Polymers & Coatings
Cardiovascular
Diagnostics
Infusion Pumps
Medical Informatics & Software Systems
Vital Signs, Physiologic, & Hemodynamic Monitoring
Pharmaceuticals
Biosimilars & Hatch-Waxman Litigation
Diagnostic Tools
Personalized Medicine
Advertising
Antitrust & Competition Litigation
Appellate Litigation
Audits
Copyright
Copyright Litigation
Copyright Litigation
Covered Business Method (CBM)
Due Diligence
False Advertising Litigation
False Advertising Litigation
HatchWaxman Litigation
Infringement Risk
Inter Partes Review (IPR)
IP Strategy
IP Transactions and Agreements
ITC Litigation
Licensing
Litigation
Opinions Counseling
Patent Litigation
Patent Strategy & Prosecution
Patent Trial & Appeal Board (PTAB) Litigation
Post-Grant
PostGrant Review (PGR)
PTAB Overview
Tech Transactions
Trade Secret
Trade Secret & Employee Mobility Litigation
Trade Secret & Employee Mobility Litigation
Trade Secret Protection Advice, Counseling, Employee & Nondisclosure Agreements
Trademark & Brand Protection
Trademark and Brand Protection Litigation
Trademark and Brand Protection Litigation
Unfair Competition Litigation
Unfair Competition Litigation
- Named to the Best Lawyers: Ones to Watch guide, which “recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice” for Antitrust Law (2022 – 2024)
