RandyKay

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With more than 30 years of experience in the courtroom, Randy Kay is a technology lawyer who has earned recognition as one of California's "Top Intellectual Property Lawyers" and "Top Trade Secrets Lawyers." Randy represents intellectual property owners in disputes over trade secrets, confidential information, patents, artificial intelligence, cybersecurity, copyrights, unfair competition, license agreements, and other contracts. Randy chairs Jones Day's global trade secrets area of focus. He has particularly deep experience with trade secret disputes over failed collaborations, employee departures, and data breaches. He handles jury trials, arbitrations, injunction proceedings, and IP appeals. Randy's matters involve technologies in computers, software, telecommunications, semiconductors, medical devices, biotech, and the life sciences.

The Legal 500 named Randy in its Hall of Fame for trade secret litigation, and Chambers USA ranked Randy for trade secret and copyright litigation. He also has been named as an IP Trailblazer by The National Law Journal.

Randy has led more than 40 trials and arbitrations in venues across the country. As plaintiff counsel, Randy has recovered billions of dollars for clients. He also has won many summary judgments and defense verdicts. He won a complete defense verdict in a trade secret, patent infringement, and contract case in which the plaintiff claimed more than $700 million, earning the Daily Journal's "Top Defense Verdict" of the year recognition.

Randy co-edits/authors the treatise Trade Secret Litigation & Protection, published by the California Lawyers Association. He has served as an expert witness on trade secret litigation. He is a frequent speaker and thought leader on IP matters.

Video

Experience

  • MedImpact wins summary judgment in trade secret case over misuse of its pharmacy benefit management technologyJones Day successfully represented MedImpact Healthcare Systems in this international trade secret litigation against IQVIA arising out of a joint venture relationship.
  • Qualcomm achieves global settlement with AppleJones Day represented Qualcomm Incorporated against Apple Inc. and four contract manufacturers of Apple devices in a lawsuit involving claims for breach of contract and violations of federal antitrust laws and the California Unfair Competition Law.
  • Micron Technology asserts trade secret and RICO claims, establishes U.S. jurisdiction over foreign defendants under DTSAJones Day represented Micron Technology, Inc. as a plaintiff in a trade secret and RICO lawsuit against Taiwanese and Chinese entities accused of theft of Micron's semiconductor processing technology.
  • Merck resolves trade secret dispute involving vaccineJones Day represented Merck Sharp & Dohme Corp. as plaintiff in a trade secret lawsuit filed in the Eastern District of Pennsylvania against Pfizer Inc. and a former Merck employee.
  • 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.
  • 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.
  • 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 patent infringement claims against Apple relating to non-standard-essential patents for mobile electronic devicesJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit regarding non-standard-essential patents for mobile electronic devices.
  • 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 sues Apple for patent infringement on inventions for power saving techniques for mobile devicesJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit relating to power saving techniques for mobile devices.
  • Qualcomm sues Apple for patent infringement over pioneering smartphone technologyJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit relating to breakthrough smartphone technologies.
  • Qualcomm defends Apple's patent infringement claims relating to processor power saving techniquesJones Day defended 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.
  • 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.
  • 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.
  • 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.
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    August 2024 Video

    JONES DAY PRESENTS: Employer Options in a Non-Noncompete World

    June 2024 Video

    How Jones Day Helps Clients in Global Trade Secret Litigation

    March 2024 Video

    JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States

    March 2024 Commentary

    With a Focus on Intellectual Property, NDCA Launches Its Own Whistleblower Pilot Program

    January 2024 White Paper

    2023 Annual Review: Key U.S. Trade Secret Developments

    September 2023 Reprint

    Trade Secret Implications of an Employee Defection (Daily Journal)

    June 2023 Commentary

    Trade Secrets and Generative AI: Protective Measures In an Evolving Technological Landscape

    March 2023 Video

    JONES DAY PRESENTS®: Harmonizing Global Protections: The EU Trade Secret Directive

    March 2023 Video

    JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties

    March 2023 Video

    JONES DAY PRESENTS®: Enhancing Trade Secret Protection in Remote Work Environments
    View All

    Additional Publications

    • October 25, 2023
      Artificial Intelligence Litigation – Déjà vu All Over Again, Daily Journal
    • October 5, 2022
      Reverse Engineering - Legitimate Conduct or Thievery? Daily Journal
    • August 2022
      Algorithms as Trade Secrets, Daily Journal
    • June 2022
      Framework for Analysis on Trade Secret Issues Across International Borders: Extraterritorial Reach, A Project of The Sedona Conference Working Group 12 on Trade Secrets
    • April 20, 2022
      International Trade Secret Litigation in the Federal Courts: Extraterritoriality, Daily Journal
    • March 2022
      Trade Secret Litigation & Protection, A Practice Guide to the DTSA and the CUTSA, a publication of the Intellectual Property Section of the California Lawyers Association (co-editor/co-author)
    • October 7, 2020
      Trade Secret Protection Gone Rogue: The Walter White Case Study, Daily Journal
    • April 15, 2015
      Protecting Trade Secrets in the Age of the Big Hack, Daily Journal
    • October 2014
      Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise Third Edition
    • October 2011
      Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise Supplement
    • April 2009
      Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise

    October 17, 2023 Speaking Engagements

    PLI's Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities

    Additional Speaking Engagements

    • October 15, 2024
      PLI's Advanced Trade Secrets 2024: New Challenges, New Solutions and New Imperatives
    • June 20, 2024
      Planning Your Trade Secret Case: Key Considerations in IP Litigation, Employment Disputes and Beyond, Federal Bar Association San Diego Chapter
    • October 17, 2023
      Panelist, Managing Trade Secrets Disputes in Multiple Tribunals, Practising Law Institute's Advanced Trade Secrets 2023
    • November 5, 2022
      Latest Developments in Trade Secrets Litigation and Protection, 2022 California Lawyers Association IP Institute
    • May 9, 2022
      Trade Secret Issues Across International Borders, The 2022 Sedona Conference on Trade Secrets
    • September 29, 2021
      Where to Sue When Your Trade Secret Is Misappropriated Outside the US, Intellectual Property Owners Association (IPO) 2021 Annual Meeting
    • August 31, 2021
      U.S. Trade Secret and Technology Protection: Trends and Implications, Conference of the Korea Intellectual Property Protection Agency, Korean Intellectual Property Office, and The Electronic Times
    • June 21, 2021
      Trade Secret Issues Across International Borders, Webinar Panelist, The 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues
    • May 12, 2021
      Protecting Trade Secrets in the Era of a Remote Workforce
    • January 28, 2021
      Business Collaborations and Trade Secrets, Webinar Panelist, Jones Day University
    • November 11, 2020
      Cross-Border Trade Secret Disputes Forum, Presentation on Trade Secrets in Global Business
    • November 9, 2020
      Trade Secret Issues Across International Borders, Program Moderator/Speaker at Sedona Conference on Trade Secrets 2020 Annual Meeting
    • October 28, 2020
      Trade Secret Misappropriation in the International Arena, Webcast Panelist, Practising Law Institute's Advanced Trade Secrets 2020
    • October 22, 2020
      Promoting Social Justice Initiatives During These Uncertain Times, Webinar Panel Moderator, Association of Corporate Counsel San Diego Chapter
    • October 21, 2020
      Maintaining Civility Throughout Litigation, Webinar Panelist, Federal Bar Association San Diego Chapter
    • October 14, 2020
      Cross-Border Trade Secret Disputes Forum, Presentation on Trade Secrets in Global Business
    • July 30, 2020
      Jones Day's Roundtable Webinar: Trade Secrets 2020 - Combating New Threats
    • June 11, 2020
      Trade Secrets in Global Business, World Intellectual Property Organization (WIPO)
    • 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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