Adam Powell

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.