Perry Goldberg is a founding partner of Progress LLP and serves as the firm’s Managing Partner. Mr. Goldberg previously co-founded the firm of Goldberg, Lowenstein & Weatherwax LLP and before that was a partner for many years with Irell & Manella LLP. He graduated in three years from the University of Pennsylvania (Wharton School of Business), receiving a B.S. in economics, summa cum laude, in 1990, graduating in the top 1% of his class. Mr. Goldberg graduated cum laude from Harvard Law School in 1993, where he served as Editor of the Harvard Journal of Law & Technology.
Mr. Goldberg served on the Board of Directors of the Los Angeles Intellectual Property Law Association. He has been selected eight times by Los Angeles Magazine as a Southern California “Super Lawyer,” including in its five most recent surveys. Mr. Goldberg is also an entrepreneur, giving him appreciation of the lawyer-client relationship from the client perspective.
Mr. Goldberg’s practice focuses on intellectual property litigation, with an emphasis on patent litigation. He has been involved in several notable cases, including:
TiVo Inc. v. EchoStar Communications, Inc., a patent infringement case in which Mr. Goldberg represented TiVo, the developer of the first commercially available digital video recorder (DVR). TiVo sued EchoStar (DISH) for infringement of a patent covering TiVo’s core DVR technology. After a two-week trial, the jury unanimously found all of TiVo’s asserted claims to be valid and infringed by all of EchoStar’s accused products. The jury also found, by clear and convincing evidence, that the infringement was willful. TiVo also prevailed in a subsequent bench trial on EchoStar’s equitable defenses. Mr. Goldberg took and defended key depositions in the case, including taking the deposition of EchoStar’s CEO. Mr. Goldberg also examined multiple witnesses at trial on direct and cross. The Federal Circuit affirmed the Judgment, including the full damages award and the injunction. Following additional proceedings in which EchoStar was held in contempt, the case ultimately settled with EchoStar paying TiVo $500 million on top of the more than $100 million that EchoStar paid in connection with the original judgment.
Pause Technology v. TiVo Inc., a patent infringement case in which Mr. Goldberg’s client, TiVo, obtained summary judgment of non-infringement, which was affirmed on appeal by the Federal Circuit. Mr. Goldberg handled the argument in the district court as well as on appeal.
Stac Electronics v. Microsoft, a patent infringement case in which Mr. Goldberg was a member of the team representing Stac Electronics. Stac won a jury verdict of $120 million, as well as a worldwide injunction against various Microsoft operating systems. The case quickly settled after the injunction was granted.
Matthew Bender & Company v. West Publishing (the “star pagination case”), a copyright infringement case in which Mr. Goldberg represented Matthew Bender & Company, helping the client obtain summary judgment that the page numbers of West Publishing’s National Reporter System are not copyrightable. Mr. Goldberg deposed the corporate representative of West, obtaining a key admission that led to summary judgment. That judgment was affirmed on appeal.
Xerox v. Hewlett-Packard Company, a patent infringement case in which Mr. Goldberg represented Hewlett-Packard Company, helping H-P obtain summary judgment of non-infringement in connection with a motion drafted by Mr. Goldberg. Shortly thereafter, the parties settled that case, as well as all other patent infringement cases pending between the two companies.
Mr. Goldberg also has been involved in several other complex intellectual property matters, including cases relating to internet telephony, plasma televisions, pharmaceuticals, advertising, and other products and services. In addition, Mr. Goldberg has experience in a wide range of general litigation matters in state and federal court, including breach of contract, intentional interference, malicious prosecution, fraudulent transfer and various other types of case.
Mr. Goldberg is the co-author of numerous articles pertaining to intellectual property litigation and strategy, as well as an article entitled “E-mail And The Attorney Client Privilege In California,” which was published in California Litigation. Mr. Goldberg is also the author of Mergers and the Federal Antitrust Laws: A Research Guide for Practitioners (William S. Hein, 1992).
Pro Bono / Community Service:
Outside of Progress, Mr. Goldberg is active in supporting the local and global community through various endeavors, including a 501(c)(3) non-profit he founded in 2013 to develop new models for collaborative problem-solving. The non-profit’s first major project – ThriveLA – is developing a blueprint to help end homelessness by creating sustainable, self-sufficient communities of ultra-affordable, off-grid tiny houses.