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Mr. Johnson is a partner. He litigates complex cases in trial and appellate courts. His experience includes matters involving intellectual property, employment, environmental, land use, product liability, reputation, and constitutional issues. In the course of his appellate practice, he has argued cases before the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for the Ninth Circuit, and the California Court of Appeal. He is a Fellow of the American Bar Foundation (honorary, elected 2006).
Significant Representations
Heartland Direct, Inc. v. Chevron U.S.A. Inc. (N.D. Ill., No. 06 C 1029, 2006) (dismissal of commercial action for lack of standing based on legal effect of prior bankruptcy proceeding) Fitzer v. Chevron Corp. (E.D. Cal., No. 2:05-cv-02472-GEB-GGH, 2006) (Title VII employment action voluntarily dismissed after filing of defense motion to dismiss) Longs Drug Stores California, Inc. v. Federal Insurance Company (N.D. Cal., No. C 03-01746 JSW, 2005) (holding insurer liable for defense obligation) -
Theis Research, Inc. v. Brown & Bain, 240 F.3d 795 (9th Cir. 2001), 386 F.3d 1180 (9th Cir. 2004), 400 F.3d 659 (9th Cir. 2005) (prosecution of civil action for conflict of interest during underlying patent litigation; arbitration challenge)
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Longs Drug Stores California, Inc. v. Shea, 2005 Cal. App. Unpub. LEXIS 414, 2005 WL 91682 (2005) (overcoming anti-SLAPP opposition to business defamation claim)
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Drolla v. ChevronTexaco Corp., 2004 Cal. App. Unpub. LEXIS 11025, 2004 WL 2750328 (2004) (defense of maritime employment claim alleging disability discrimination)
Berry, et al. v. Chevron U.S.A. Inc. (N.D. Cal., No. C 00-1353 SBA, 2002) (dismissal of class action claims alleging employment discrimination), 2003 U.S. App. LEXIS 25920, 2003 WL 23098426 (9th Cir. 2003) (defense of individual discrimination claims) Octel Communications Corp. v. Theis Research, Inc. (U.S. S.Ct. No. 97-1773) (certiorari petition seeking rule of judicial deference to administrative determinations of patentability based on same prior art), 1999 U.S. App. LEXIS 30066, 1999 WL 1075155 (Fed. Cir. 1999) (appeal of anticipation judgment re patent claims for telephone line activity monitor), 2001 U.S. App. LEXIS 1416, 2000 WL 33121234 (Fed. Cir. 2001) (appeal of obviousness judgment under preclusion doctrine re patent claims for interactive programmed conversation recording system) -
Dickinson v. Zurko, 527 U.S. 150 (1999) (amicus briefs for Theis Research, Inc., seeking certiorari and on merits, restricting Federal Circuit review of administrative determinations against patentability to limited standards under Administrative Procedure Act, reversing unanimous en banc decision of the Federal Circuit)
Kristar Enterprises, Inc. v. Revel Environmental Marketing, Inc., 2000 U.S. App. LEXIS 7351, 2000 WL 464447 (Fed. Cir. 2000) (defense of patent infringement action) Project Sentinel v. Evergreen Ridge Apts., 40 F. Supp. 2d 1136 (N.D. Cal. 1999) (defense of Fair Housing Act claim, distinguishing Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982)) Representation of former Lawrence Livermore National Laboratory inventor regarding media coverage of patented inventions—obtaining printed retractions by USA TODAY and TIME—and successful review process acknowledging authenticity of inventions Orange County Transportation Corridors: Representation of agencies building toll highways financed by $1.17 billion and $1.51 billion project revenue bonds, including successful planning and execution of innovative litigation strategies to overcome concerted opposition under state and federal environmental laws Natural Resources Defense Council v. Fish & Game Com., 28 Cal. App. 4th 1104 (1994) (endangered species) Board of Trustees of the California State University v. Superior Court (Cal. Ct. App. Nos. B078402 and B078616, 1994) (Establishment Clause challenge to dedication of campus acreage to Native American religious use) Halbert’s Lumber, Inc. v. Burdett, 202 Cal. App. 3d Supp. 14 (1988) (mechanic’s lien jurisdiction) Corrigan v. Bjork Shiley Corp., 182 Cal. App. 3d 166 (1986) (forum non conveniens)
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Education
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J.D., Boalt Hall School of Law, University of
California, Berkeley, 1984
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B.A. cum laude, Yale University, 1981
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Professional Associations
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State Bar of California
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Alameda County Bar Association
(Board of Directors 2005 - )
American Bar Association -
The Fellows of the American Bar Foundation
(honorary organization of attorneys, judges, and law professors limited to one third of one percent of the lawyers in each state)
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Admitted to Practice
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