Kayvan’s practice focuses on complex commercial litigation, with a particular emphasis on patent litigation. Kayvan represents intellectual property owners before the district courts, the International Trade Commission, the Federal Circuit, and the Patent Trial and Appeal Board. His clients include operating companies, private equity funds, institutional patent holders, and litigation finance funds. His matters routinely place him opposite the world’s largest companies and law firms.
"Kayvan Noroozi is 'highly experienced at trial, before the Federal Circuit and in inter partes review proceedings.' His profound expertise on SEPs and Section 101 has been instrumental to many of his successes on behalf of industry leaders."IAM 300
Through a combination of client advocacy and legal publications, Kayvan has had an influential impact in re-balancing patent law and policy toward protecting intellectual property.
Kayvan has briefed and argued numerous cases before the Federal Circuit, where he has helped to shape the contours of § 101. He was the principal author of the winning briefing in Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., 880 F.3d 1356 (Fed. Cir. 2018) (precedential), which upheld the subject matter eligibility of software graphical user interface patents, and fully affirmed the district court’s judgment. The decision has been widely cited by courts and policy makers, including by the Patent and Trademark Office in a memorandum to patent examiners.
Kayvan has also represented patent owners in dozens of inter partes review proceedings before the PTAB, where his work has also resulted in significant precedents. Kayvan obtained the first decision to deny institution of a second petition brought by a new petitioner under General Plastic. See NetApp Inc. v. Realtime Data LLC, IPR2017-01195 (PTAB Oct. 12, 2017) (Paper 9). The PTAB subsequently adopted the rule of NetApp v. Realtime Data as binding precedent. See Valve Corp. v. Elec. Scripting Prods., Inc., IPR2019-00062, -00063, -00084, Paper 11 (PTAB Apr. 2, 2019).
In total, Kayvan has obtained fifteen decisions denying IPR institutions in full. Kayvan has also persuaded the PTAB to fully grant multiple motions to amend, resulting in one hundred and eleven amended claims. At the time, the Board had only granted four other such motions in more than 2,800 proceedings.
In addition, Kayvan has repeatedly obtained Final Written Decisions upholding the patentability of all challenged claims. In Dell et al. v. Realtime Data, IPR2016-01002, for instance, the Board’s Final Written Decision noted that petitioners’ allegations could not be accepted in light of the "plethora" of contrary cross-examination admissions obtained from petitioners’ expert. IPR2016-01002, Paper 71 at 17.
Before the trial courts, Kayvan has tried several jury cases to verdict. In Core Wireless v. LG Electronics, he obtained the first award of enhanced damages in a case involving declared standard essential patents. See 2:14-cv-912 (E.D. Tex.), Dkt. 47. The district court’s enhancement order emphasized cross-examination testimony obtained by Kayvan in which LG’s corporate representative admitted that "after thorough review of the patents-in-suit he concluded that the patents are novel and non-obvious." 2:14-cv-912, Dkt. 47 at 2.
In numerous other district court actions, Kayvan has helped to obtain significant licensing agreements from Google, AT&T, Verizon, Microsoft, Apple, Hewlett-Packard, and Amazon.com. In each instance, the defendants took a license only days or weeks before trial.
Kayvan is also a recognized writer and speaker on intellectual property law and policy. With Prof. Richard A. Epstein, he is the author of Why Incentives for "Patent Holdout" Threaten to Dismantle FRAND, and Why It Matters, 32 Berkeley Tech. L. J. 1381. Even prior to its publication, the article achieved a significant policy impact at the U.S. Department of Justice. In March 2018, the head of the DOJ’s Antitrust Division, Mr. Makan Delrahim, widely cited to Epstein & Noroozi in announcing a policy shift that commentators have called "radical" and "abrupt." Among other points, Mr. Delrahim cited to Epstein & Noroozi for the observation that the longstanding disfavor toward the injunctive remedy in the context of FRAND-committed standard-essential patents has been misguided and "can cause great harm to consumers." Kayvan has also been invited to speak at the Hoover Institution at Stanford University, and is a regular invitee to Hoover’s Working Group on Intellectual Property, Innovation, and Prosperity.
Kayvan began his career as an appellate clerk to Judge Jerry E. Smith of the Fifth Circuit Court of Appeals, and previously practiced at Irell & Manella.