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Kimberly Paul Zapata is a partner in the law firm of McDermott Will & Emery LLP based in the Silicon Valley office. She is a member of the Firm's Intellectual Property, Media & Technology Department.
With over 18 years of law firm experience as an intellectual property litigator and trial lawyer in Silicon Valley, Kimberly's practice focuses on patent, copyright, trademark, trade dress and trade secret litigation. She advises clients on patent portfolio management and the role of litigation in asset protection and income generation. She has worked with major technology clients, including Apple, Advanced Micro Devices, Mactronix, MediaTek, NEC, Novell, SanDisk, Tessera Technologies and United Microelectronics Corp.
She has extensive trial experience in many venues, including the U.S. District Courts in the Central, Northern and Eastern Districts of California, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Ninth Circuit, and the International Trade Commission.
Kimberly earned her J.D. from the Santa Clara University School of Law and her bachelor's degree from the University of California Santa Cruz. During law school she was a member of the Moot Court Honors Board and technical editor of the Santa Clara Law Review, and author of "In Pursuit of Academic Freedom: The Peer Evaluation Privilege," 441, 1988. Kimberly is admitted to practice in California.
Representative Experience
In re Certain Flash Memory Products (SanDisk adv. STMicro Electronics) (flash memory patents) (ITC): Represented SanDisk in a lawsuit filed against Samsung in the International Trade Commission for infringement of SanDisk's flash memory patents.
In re Certain CD-ROM Controllers and Products Containing Same (MediaTek, Inc., et al. adv. Zoran Corp.) (CD-ROM controllers) (ITC): Represented MediaTek and over a dozen of its customer against a charge of patent infringement. The matter was favorably settled after a finding by the Administrative Law Judge.
NCT v. Novell (internet caching patents) (Northern District of California): Successfully briefed motion for summary judgment regarding priority date on behalf of Novell.
People v. Maria Covian (criminal defense) (California Superior Court): Pro-Bono matter where the defendant was being charged with conspiracy and murder for hire. Client accepted a favorable plea bargain on the eve of trial.
In re Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (chip scale package patents) (ITC): Successfully represented Tessera Technologies, Inc. in its patent infringement case against Sharp and Texas Instruments. Although Texas Instrument was dismissed from the ITC action on a forum selection clause, TI later settled and agreed to pay royalties to Tessera on TI's CSPs. After trial and post-trial briefing , the ITC administrative law judge found that Sharp's CSPs infringed Tessera's patent and the ruling was later upheld by the Commission.
Imtec, Inc. v. Apple Computer (software color matching) Southern District of New York): Represented Apple Computer against allegations that its color matching software infringed a sole inventor's color matching patents. The case was dismissed on summary judgment.
Education
Santa Clara University School of Law, J.D. (magna cum laude), 1988
University of California-Santa Cruz, B.A., 1985 | 