Clients turn to Adam Powell to handle their most technically complex issues in the medical device, electronics, pharmaceuticals, and biotechnology industries. He is the co-chair of Knobbe Martens’ Antitrust group and was recently recognized by the Daily Journal as one of only 25 lawyers in its “Top Trade Secrets Lawyers” publication.
In one of his most successful cases, Adam represented Masimo Corporation in a three-week patent 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 as the Number one IP and Number five overall verdict of the year. Post trial, Adam was responsible for defending against Philips’ antitrust counterclaims alleging patent misuse, monopolization, and 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 has a proven record of successfully resolving complex trade secret cases. In connection with those cases, Adam has managed dozens of computer forensic investigations of former employees alleged to have stolen trade secrets from their employer. In one trial, he and the Knobbe team 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 punitive damages, attorney’s fees, and a permanent injunction. In another case, he proved the defendant engaged in extensive spoliation of evidence, resulting in a terminating sanction, compensatory damages, attorney’s fees, and a permanent injunction.
Adam is an active member of the legal community. He serves as the Treasurer of the San Diego Intellectual Property Law Association. He is also an active member of the J. Clifford Wallace Inn of Court and regularly speaks at events for the Association of Corporate Counsel. Previously, Adam served on the Board of Governors for the San Diego Chapter of the Association of Business Trial Lawyers for several years.
- Named to the Daily Journal's "Top Trade Secrets Lawyers" 2023 list
- 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)
Papers and Articles
Readily Ascertainable: How California Provides More Certain Trade Secret Protection, Association of Business Trial Lawyers (December 2022).
Adam Powell and Stephen Larson, FTC v. Endo Pharms., Inc.: The D.C. District Court “Treads [the] Tenuous Line Between Patent and Antitrust Laws” to Reject the FTC’s Challenge of an Exclusive License That Allegedly Discouraged Competition, AIPLA IP Antitrust News (May 2022).
Adam Powell and Stephen Larson, Trademark Modernization Act Could Reshape Litigation, Law360 (February 2021).
Adam Powell and Stephen Larson, Fresenius Kabi USA, LLC v. Par Sterile Prods, LLC: Unasserted Patents May Break the Chain of Causation Required for Antitrust Injury, AIPLA IP Antitrust News (January 2021).
Adam Powell, Benchmark Legislation: A Measured Approach in the Fight Against Counterfeit Pharmaceuticals, 61 Hastings L.J. 749 (2010).
Adam Powell, KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias, 1 Hastings Sci. and Tech. L.J. 241 (2009).
Adam Powell, Erin Blake, & Kris Kokotaylo, Brief for the Respondent, 26 J. Marshall J. Computer & Info. L. 321 (2009).
Knobbe Martens Litigation Blog
Adam Powell, To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?, Knobbe Martens Litigation Blog (2020).
Adam Powell, The Mere Presence of Patent Issues in a Contract Dispute Does Not Create Federal Jurisdiction, Knobbe Martens Litigation Blog (2020).
Adam Powell, A Patentee Cannot Circumvent the Marking Requirement by Proving Separate Infringement of Method Claims, Knobbe Martens Litigation Blog (2020).
Adam Powell, Publication Does Not Necessarily Defeat Joint Inventorship, Knobbe Martens Litigation Blog (2020).
Adam Powell, The Federal Circuit May Not Award Attorney Fees for Work Performed During an IPR, Knobbe Martens Litigation Blog (2020).
Adam Powell, IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex, Knobbe Martens Litigation Blog (2020).
Adam Powell, Finite Methods as a Ground for Obviousness, Knobbe Martens Litigation Blog (2020).
Adam Powell, Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking, Knobbe Martens Litigation Blog (2020).
Adam Powell, Do Not Bank on a Bank Not Being a “Person” Under the AIA, Knobbe Martens Litigation Blog (2020).
Adam Powell, Claims Including Computer Speed and Efficiency Improvements May Still Be Ineligible Under Section 101, Knobbe Martens Litigation Blog (2020).
Adam Powell, A Litigation Position May Be Objectively Unreasonable Even If the Court Denies Summary Judgment, Knobbe Martens Litigation Blog (2020).
Adam Powell, “Exceptional Case” Findings Must Consider The Full Case, Knobbe Martens Litigation Blog (2019).
Adam Powell, New Arguments Presented for the First Time During PTAB Oral Hearings Are Not Always Waived, Knobbe Martens Litigation Blog (2019)
Adam Powell, Accused Infringer’s Ornamental Logo May Defeat Design Patent Infringement Claim, Knobbe Martens Litigation Blog (2019)
Adam Powell, Subsequent Examination After RCE and Interference Proceeding Are Not PTO Delay, Knobbe Martens Litigation Blog (2019)
Adam Powell, Corresponding Structure in the Specification Does Not Render a Means-Plus-Function Term Structural, Knobbe Martens Litigation Blog (2019)
Podcast
Adam Powell, Knobbe Martens Talks Trade Secrets , Medical Product Outsourcing (July 2021)