RandyKay

Partner

San Diego + 1.858.314.1139 Silicon Valley + 1.650.739.3939

With nearly 30 years of experience in the courtroom, Randy Kay has earned recognition as one of California's "Top Intellectual Property Lawyers" and "Top Trade Secrets Lawyers." He predominantly handles trade secret, patent, unfair competition, and business disputes. Randy represents plaintiff and defendant clients, including technology, telecom, semiconductor, biotech, and medical device companies.

Randy has led more than 30 trials and arbitrations in venues across the country. He won a complete defense verdict in a trade secret, patent infringement, and contract case in which the plaintiff claimed more than $700 million. The Daily Journal recognized this victory as a "Top Defense Verdict" of the year. He also handles intellectual property appeals in the California and federal courts of appeal.

Randy has particularly deep experience with trade secret matters. He advises companies on protection of trade secret assets, and he handles trade secret misappropriation disputes of all types. He has served as an expert witness on trade secret litigation in a jury trial.

Randy is co-editor/author of the treatise Trade Secret Litigation and Protection in California, published by the State Bar of California. He is a frequent speaker and thought leader on trade secret matters, including the Defend Trade Secrets Act of 2016. Randy has received San Diego "Lawyer of the Year" recognitions in patent litigation and IP law from Best Lawyers and is recommended for trade secret litigation by The Legal 500.

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Experience

  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Qualcomm defends against Apple's patent infringement claims relating to processor power saving techniquesJones Day is defending Qualcomm Incorporated against Apple, Inc.'s allegations that Qualcomm's Snapdragon processors – CPU/GPU/Baseband Modem System on Chip – infringe a number of Apple's patents directed to power saving techniques for use in processors.
  • Adocia prevails in biopharma license agreement dispute in international arbitrationJones Day won a binding arbitration award for French biopharmaceutical company, Adocia S.A., in a license agreement dispute against Eli Lilly and Company.
  • GreatCall wins affirmance of IP defense verdict in trade secret and patent telecom disputeJones Day won in binding arbitration and on appeal for GreatCall, Inc. in IP litigation brought by the company's founders.
  • Fortune 100 telecommunications company obtains dismissal of trademark claimsA fortune 100 telecommunications company represented by Jones Day obtained a complete defense verdict of non-infringement from the Shanghai High People’s Court in high-stakes trademark case in which a Shanghai technology company asserted that our client infringed four trademarks and the company's Chinese trade name.
  • Dexcom obtains stay of patent infringement action filed by AgaMatrixJones Day is defending Dexcom, Inc. in a patent infringement action before the United States District Court for the District of Oregon (Portland Division).
  • Qualcomm enforces patents against Chinese phone manufacturer and distributorJones Day represented Qualcomm Incorporated in the litigation of 17 cases in the Beijing and Shanghai Intellectual Property Courts against a Chinese phone manufacturer and distributor asserting patents concerning radio frequency transceivers, device structures, and other mobile phone technology.
  • Dexcom successfully petitions PTAB to institute IPRs on asserted patents and obtains stay of district court litigationOn behalf of San Diego-based medical device company Dexcom, Inc., Jones Day successfully petitioned the PTAB to commence IPRs as to all asserted claims of two patents asserted in litigation by plaintiff WaveForm Technologies, Inc. (formerly AgaMatrix, Inc.) related to continuous glucose monitors.
  • Qualcomm resolves worldwide Chinese litigationJones Day represented Qualcomm Incorporated as complainant in an ITC action against a Chinese phone manufacturer and several distributors asserting five patents concerning radio frequency transceivers, device structures, packaging, structures, and camera phone operation.
  • Millennium Laboratories wins Ninth Circuit reversal in trade dress and unfair competition litigationJones Day won a reversal of summary judgment for Millennium Laboratories, Inc. in a Ninth Circuit appeal of a trade dress and unfair competition dispute.
  • Monster Beverage acquires American Fruits & Flavors for $690 millionJones Day advised Monster Beverage Corporation in its $690 million acquisition of American Fruits & Flavors, a flavor supplier.
  • Micron defends against flash memory file system patent claimJones Day defended Micron Technology, Inc. in a patent infringement action against non-practicing entity e.Digital Corporation.
  • The Nielsen Company obtains preliminary injunctionJones Day obtained a preliminary injunction for The Nielsen Company (US), LLC, NeuroFocus, Inc., and TNC (US) Holdings, Inc. (collectively "The Nielsen Company") against the former chief executive officer of a Nielsen entity.
  • Chevron resolves trade secret lawsuitJones Day represented Chevron U.S.A. Inc. ("Chevron") in a trade secret misappropriation lawsuit against 4CRGroup LLC.
  • VasoNova secures settlement regarding trade secret and IP ownership dispute with founder of companyJones Day represented VasoNova and its parent company, Teleflex, Inc., in a trade secret, misappropriation, and IP ownership dispute with a founder of the company.
  • Histogen wins Federal Circuit appeal in biotech patent disputeJones Day represented Histogen Inc., Histogen Aesthetics LLC, and Histogen’s CEO, Gail K. Naughton, in a successful appeal to the U.S. Court of Appeals for the Federal Circuit that upheld a San Diego federal court’s ruling that the Histogen defendants did not infringe two patents now owned by Histogen’s competitor SkinMedica, Inc.
  • SmartDrive's request for three inter partes reexaminations and one ex parte reexamination granted by USPTO in connection with patents directed to vehicle event recording devicesIn connection with its representation of defendant SmartDrive Systems, Inc. in defending patent infringement and trade secret misappropriation claims relating to in-vehicle video event recorder technologies, Jones Day filed three inter partes reexamination requests under newly enacted standards under the Leahy-Smith America Invents Act, all of which were subsequently granted by the USPTO. 
  • Histogen wins summary judgment in biotech patent caseJones Day won summary judgment of noninfringement for regenerative medicine company Histogen Inc. and its founder Gail K. Naughton, Ph.D.
  • Micron Technology and Lexar Media successfully resolve ITC patent disputeJones Day successfully represented Micron Technology, Inc. and Lexar Media, Inc. as U.S. respondents in a patent infringement investigation.
  • Speaking Engagements

    • November 4, 2019
      The Sedona Conference Annual Meeting on Trade Secrets, Presentation on Extraterritoriality and Trade Secrets Across International Borders
    • July 10, 2019
      US Trade Secrets Protection - Practices and Law Enforcement in the US, International Conference of Taiwan Association for Trade Secret Protection
    • March 18, 2019
      Recent Developments in IP Damages Law, 2019 USC Intellectual Property Institute
    • November 8, 2018
      Hot Topics in Trade Secret Litigation, California Lawyers Association's IP Institute
    • November 6, 2018
      Trade Secret Issues Across International Borders, Sedona Conference
    • June 6, 2018
      United States Trade Secret Protection and Comparison to EU Directive
    • June 6, 2018
      Les secrets d'affaires: de la directive à sa transposition (Trade secret protection from the Directive to its implementation) Centre Paul Roubier
    • May 5, 2017
      The Defend Trade Secrets Act: One Year In, IPO's IP Chat Channel Webinar
    • January 24, 2017
      Tips and Tricks for IP Practitioners, Trade Secret Litigation Update: The Defend Trade Secrets Act in a Nutshell and Litigating Trade Secrets in 2017, State Bar of California Intellectual Property Law Section conference
    • January 24, 2017
      The Defend Trade Secrets Act of 2016: What Does it Mean for You? Jones Day University
    • January 18, 2017
      IP Year in Review
    • September 22, 2016
      Legal Update - The Defend Trade Secrets Act, Goldman Sachs Securities Division 13th Annual West Coast Hedge Fund Forum
    • September 12, 2016
      The Opportunities and Obstacles When Asserting Multiple Forms of IP in a Single Litigation, Intellectual Property Owners Association's Annual Meeting
    • June 11, 2016
      Emerging Trends in Trade Secret Law, Los Angeles Intellectual Property Law Association Spring Seminar
    • May 5, 2016
      The Defend Trade Secrets Act of 2016, IPO's IP Chat Channel Webinar
    • January 20, 2016
      Insider Threat: Employee Mobility and Trade Secrets, IPO's IP Chat Channel Webinar
    • July 14, 2015
      Hot Topics in Trade Secret Law, State Bar of California Webinar
    • November 6, 2014
      Hot Topics in California Trade Secrets Law, State Bar of California IP Institute
    • September 30, 2014
      2014 Patent Disputes Forum
    • September 23, 2014
      LAIPLA Trade Secret Program on Litigation Strategies and Recent Developments
    • January 29, 2014
      Case Management in Complex Litigation, panelist, 2014 Advanced Complex Litigation Series presented by the Federal Circuit Bar Association and San Diego Intellectual Property Law Association
    • January 15, 2014
      2013 Patent Law Year in Review (and a Look Ahead at 2014)
    • June 11, 2013
      Trade Secrets and Employee Mobility - Protecting Your Company's Proprietary Information
    • March 13, 2013
      Disclosure and Discovery in the Southern District of California: Written Discovery
    • January 16, 2013
      2012 Patent Law Year in Review - and a Look Ahead at 2013
    • January 19, 2012
      Lessons Learned from the Battlefield of High Stakes Trade Secret Litigation, Jones Day University
    • January 12, 2012
      2011 Patent Law Year in Review, Jones Day IP Roundtable
    • June 27 & 29, 2011
      Hot Topics in California Trade Secret Law, State Bar of California IP Programs
    • April 15, 2011
      Patent Litigation: Hot Topics Changing the Landscape, 2011 District Conference for the Southern District of California
    • February 17, 2011
      2010 Patent Law Year in Review, Jones Day IP Roundtable
    • January 27, 2011
      Recent Developments in Trade Secret Misappropriation Litigation, Jones Day University
    • November 18, 2010
      Trade Secret Litigation: Recent Developments and Best Practices, San Diego Intellectual Property Law Association
    • October 30, 2010
      Hot Topics in Trade Secret Law, State Bar of California IP Institute
    • June 8, 2010
      Managing Patent Litigation: Views from the Bench and Bar, The San Diego Chapter of The Federal Bar Association
    • May 20, 2010
      Defending Trade Secret Litigation, Intellectual Property Owners Association CLE Teleconference and Live Audio Webcast
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