Kayvan B. Noroozi

Kayvan Bakhtiari Noroozi Is A Trial Lawyer.

kayvan_b_noroozikayvan@noroozipc.com(310) 975-7074 ext. 1Kayvan Noroozi
Kayvan has successfully litigated complex matters against a number of the world’s largest companies.

Kayvan’s practice focuses on complex commercial litigation, with a particular emphasis on patent litigation. Kayvan has represented patent owners at trial, before the Federal Circuit, and in more than fifty inter partes review proceedings before the Patent Trial and Appeal Board. His clients include institutional patent holders and litigation finance funds.

In Core Wireless v. LG Electronics, Kayvan obtained one of the ten largest patent infringement verdicts in Texas in 2016. The jury found that LG had willfully infringed two Nokia-invented patents, which had been declared essential to the 2G and 3G telecommunications standards. The jury also awarded running royalties. The district court subsequently awarded enhanced damages—the first time a court has granted such damages in a case involving declared standard-essential patents. In its order, the district court emphasized cross-examination testimony obtained by Kayvan in which LG’s corporate representative admitted that “after thorough review of the patents-in-suit he concluded that the patents are novel and non-obvious.” 2:14-cv-912, Dkt. 47 at 2.

Kayvan has also shaped the Section 101 patent eligibility landscape before the Federal Circuit. He was the principal author of the winning briefing in Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., 880 F.3d 1356 (Fed. Cir. 2018), in which the Federal Circuit issued a precedential opinion upholding the subject matter eligibility of two software graphical user interface patents, and fully affirmed the district court’s judgment. The decision has since been widely cited by courts, policy makers, and commentators, including by the Patent and Trademark Office in a memorandum to patent examiners.

Kayvan has also obtained a number of significant outcomes in inter partes review proceedings before the Patent Trial and Appeal Board. With respect to three different patents owned by his client Realtime Data, Kayvan has obtained Final Written Decisions upholding the patentability of all challenged claims. In each instance, the Board’s decision hinged at least in part on cross-examination testimony Kayvan obtained from the opposing expert. In Dell et al. v. Realtime Data, IPR2016-01002, for instance, the Board’s Final Written Decision noted that petitioners’ allegations could not be accepted in light of the “plethora” of contrary cross-examination admissions obtained from petitioners’ expert. IPR2016-01002, Paper 71 at 17. In nine other inter partes review proceedings, Kayvan has obtained decisions denying institution in full. In two further inter partes review proceedings, Kayvan has persuaded the Board to fully grant motions to amend, resulting in one hundred and eleven amended claims. Previously, the Board had only fully granted four other such motions in more than 2,800 proceedings.

Kayvan’s successful outcomes have come against a number of the world’s largest technology companies. In the district court, he has helped obtain significant licensing agreements from Google, AT&T, Verizon, Microsoft, Apple, Hewlett-Packard, and Amazon.com, each of which took a license only days or weeks before trial. In inter partes review proceedings, he has defeated Apple, Dell, EMC, Oracle, Riverbed, Teradata, Echostar, Veritas, Commvault, NetApp, and others.

In 2018 alone, Law.com has covered Kayvan three times as an intellectual property lawyer who is “Skilled in the Art.”

Kayvan is also a recognized writer and speaker on intellectual property law and policy. With Prof. Richard A. Epstein, he is the author of Why Incentives for “Patent Holdout” Threaten to Dismantle FRAND, and Why It Matters, 32 Berkeley Tech. L. J. 1381. Even prior to its publication, the article achieved a significant policy impact at the U.S. Department of Justice. In March 2018, the head of the DOJ’s Antitrust Division, Mr. Makan Delrahim, widely cited to Epstein & Noroozi in announcing a policy shift that commentators have called “radical” and “abrupt.” Among other points, Mr. Delrahim cited to Epstein & Noroozi for the observation that the longstanding disfavor toward the injunctive remedy in the context of FRAND-committed standard-essential patents has been misguided and “can cause great harm to consumers.” Kayvan has also been invited to speak at the Hoover Institution, and is a regular invitee to the Hoover Institution’s Working Group on Intellectual Property, Innovation, and Prosperity (Hoover IP^2).

In addition to his legal practice, Kayvan is a pharmaceutical entrepreneur. He is President & CEO of Koios Pharmaceuticals, a company dedicated to increasing access to affordable medicines by introducing generic competition.

Kayvan began his career as an appellate clerk to Judge Jerry E. Smith of the Fifth Circuit Court of Appeals, and previously practiced at Irell & Manella. From 2014 through 2018, SuperLawyers named him a Southern California “Rising Star.”


Reputation

Great instincts and strategic judgment in high-stakes matters.  He excels under intense pressure, and is always ready for trial.

Jeff Eichmann Partner, Dovel & Luner LLP

A definite asset, particularly in complex litigation such as patent litigation.

Dennis Dupray TracBeam LLC

Excellent cross-examination skills and vision. He can navigate complex economic and technical issues and translate his talents into results.

Greg Dovel Partner, Dovel & Luner LLP

A natural choice for high-stakes matters. Unique intelligence, insight, and personality.

Corey M. Horowitz Chairman & CEO, Network-1 Technologies, Inc.

Tactical and smart.  He has an excellent sense of the field of play and addresses the legal and pragmatic stakes with a full understanding of his clients’ best interests.

Justice Carlos R. Moreno (Ret.) California Supreme Court & former US Ambassador to Belize

EducationJudicial ClerkshipDistinctionsRepresentative MattersRepresentative ResultsMemberships

Education

University of Chicago Law School (J.D., with Honors), 2009

  • Research assistant to Prof. Richard Epstein
  • John M. Olin Fellow in Law and Economics
  • Thomas R. Mulroy Prize for Excellence in Appellate Advocacy

University of California, Berkeley (B.A., Economics), 2005
Sciences Po (International Diploma)