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Gabriel M. Ramsey

Partner

gramsey@crowell.com
Phone: +1 415.365.7207
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

Gabriel M. Ramsey is a partner in the San Francisco office of Crowell & Moring, where he is a member of the Litigation, Intellectual Property, and Privacy & Cybersecurity groups.

With a practice focusing on complex litigation involving technology, intellectual property, and cybersecurity, Gabe has handled a broad range of technology-related litigation matters regarding computing environments, platforms, data access and usage, Internet law, intellectual property, cybersecurity and regulatory issues. He has twice been named one of the top 75 IP litigators in California and a top cyber lawyer by the Daily Journal. He has been repeatedly recognized as an “IP Star” by Managing Intellectual Property magazine.

As a trial lawyer who handles his clients’ most important matters, Gabe has substantial experience in high technology and entertainment-related matters involving trade secret, patent, copyright, and trademark law. He has significant experience in carrying out internet enforcement actions and investigations involving cybercrime, trade secret misappropriation, fraud and deceptive activity, data breaches, and brand violations. He has also handled many licensing matters, open source licensing disputes, and general commercial disputes. He has significant experience in matters involving computer software, hardware, internet and networking technologies, video games, cloud computing, new media, and entertainment content. His work has involved not only the courtroom but also engagement with various branches of the U.S. and foreign governments on behalf of his clients.

Gabe has represented major technology and entertainment companies like Microsoft Corp., McAfee, Inc., EMC Corp., Perfect World Entertainment, Inc., NCSoft, Namco Bandai Games, NVIDIA Corp., IGN Entertainment, Inc., CNET Networks, eHarmony.com, Say Media, Audible Magic Corp., Affinity Circles, Inc., Gracenote, Inc., Fox Entertainment Group, Fox Broadcasting, Universal Studios, The Walt Disney Company, Lucasfilm, Ltd., LucasArts Entertainment Co., Digidesign, and Mesa/Boogie, Ltd.

Representative Engagements

Intellectual Property Matters

Patent

  • The Regents of the University of California, Dr. Michael Jung and Dr. Charles Sawyers.  Gabe prevailed at trial in a highly contested patent inventorship dispute involving a pharmaceutical compound relating to a blockbuster cancer drug in the Central District of California.
  • Carta.  Gabe is defending Carta in a patent infringement action involving alleged inventions relating to a private capital management platform.
  • Linden Lab.  Gabe successfully defended Linden Lab in a patent infringement action involving interactive virtual reality technology.
  • Audible Magic Corp. Gabe led a team that successfully defended Audible Magic in a patent infringement action brought by Blue Spike LLC, in the Eastern District of Texas. Obtained summary judgment of noninfringement for all asserted patents in Audible Magic's favor.
  • EMC Corp. / RSA Security. Gabe successfully defended EMC and RSA in a patent infringement matter involving data loss prevention and email security software.
  • Fox Entertainment Group and Fox Broadcasting Corp. Gabe successfully defended Fox in a patent infringement action involving forward error correction techniques allegedly used in television broadcasts.
  • Photobucket. Gabe successfully defended Photobucket in a patent infringement case involving online photosharing and access control technologies.
  • NVIDIA Corp. Gabe successfully defended NVIDIA in a patent infringement case involving graphics card and computer bus architectures.
  • eHarmony.com. Gabe represented eHarmony in a multidefendant patent litigation involving load-balancing web and application servers.
  • International Game Technology. Gabe defended IGT in a patent litigation involving digital gaming technology, which resulted in invalidation of the asserted patents on summary judgment.
  • Gracenote, Inc. Gabe represented Gracenote in a patent litigation involving online music recognition technology.

Copyright

  • ROSS Intelligence, Inc.  Gabe is defending this legal AI innovator in a copyright and antitrust case involving whether the plaintiff may claim copyright in judicial opinions and fundamental legal structures, and whether it violates the antitrust law to attempt to do so.
  • Oracle. Gabe led development of technical and legal arguments regarding copyrightability and fair use on behalf of Oracle in Oracle v. Google, a series of high stakes trials and appeals involving whether Android impermissibly copies Java. This case involved significant rulings regarding copyrightability and fair use of code.
  • MGA Entertainment, Inc. Gabe was part of a team defending MGA in a copyright, trade secret, and contract matter involving fashion dolls.
  • The Walt Disney Company. Gabe has advised the Walt Disney Company on copyright matters.
  • Universal Studios, Lucas Digital, and Oscar-Winning Special Effects Artist Christopher Boyes. Gabe assisted these clients in the successful defense of a copyright infringement case involving the motion picture The Lost World: Jurassic Park.
  • Connectix Corp. Gabe represented Connectix in a dispute over the creation of a video game hardware emulator involving copyright, trade secret, and patent claims. This case involved rulings articulating significant principles regarding software fair use.
  • Pioneer Corp. Gabe represented Pioneer in an ongoing industry standard-setting process involving the adoption of a digital video copy protection solution based on DVD watermarking technology.

Trade Secret

  • Carta.  Gabe is defending Carta in a trade secret dispute involving a private capital management technology.
  • Akerna Corp.  Gabe successfully represented Akerna Corp.’s MJ Freeway global cannabis software company in a case to regain control over trade secrets.
  • Brunswick Rail.  Gabe successfully represented Brunswick Rail, a railcar leasing company, in a multijurisdictional trade secret action against several former executives.
  • Affinity Circles, Inc. Gabe successfully represented Affinity Circles in a trade secret dispute involving social networking technology.

Trademark

  • R3.  Gabe successfully represented distributed ledger and blockchain software development company R3 in a trademark infringement action against a company that was using a confusingly similar name.
  • Microsoft Corp.  Gabe has successfully represented Microsoft in numerous cases involving infringing and dilutive uses of its trademarks and unfair competition relating to domain names, fraudulent schemes and pirated software.
  • LucasArts Entertainment Co. Gabe represented this videogame company as plaintiff in a trademark infringement action, resulting in a finding of infringement on summary judgment.
  • Lucasfilm Ltd.  Represented plaintiff Lucasfilm in numerous trademark and copyright cases involving Star Wars characters and character names.
  • Mesa/Boogie.  Represented this amplifier technology maker in trademark and unfair competition case involving trademark and related rights in an amplifier sound.
  • Ellie Mae, Inc.  Represented defendant Ellie Mae in trademark and copyright case involving automated mortgage processing software.

Internet Security, Safety And Brand Protection Matters

Botnets

  • Carried out action to disable 96 IP addresses and thousands of domains that controlled the million computer “Rustock” botnet, capable of sending 30-40 billion spam email messages per day. The botnet was then the single largest source of spam in the world. This action decimated this massive criminal infrastructure.
  • Carried out action to disable 276 domains that controlled the 400,000 computer “Waledac” botnet capable of sending nearly 1.5 billion spam email messages per day. This action was the first civil action of its kind.
  • Carried out actions to disrupt the “Zeus,” “IceIX,” “SpyEye,” and “Citadel” financial theft botnets, which were collectively responsible for hundreds of millions of dollars of online account theft.
  • Microsoft v. Sabelnikov, carried out this action to dismantle the “Kelihos” spam botnet and pursue the botnet's creators.
  • Microsoft v. Yong, carried out this action to dismantle the “Nitol” botnet, which leveraged counterfeit versions of the Windows operating system to distribute the malware and was used to carry out theft of personal information.
  • Microsoft v. Chupakhin, carried out this action to dismantle the “Bamital” botnet, which was engaged in online advertising “click” fraud, and pursue the botnet's creators.

Cybercrime, Fraud, Abuse

  • Identified and successfully pursued participants in an international criminal organization responsible for an enormous volume of fake pharmaceutical and adult spam email.
  • Identified and pursued defendant that used internet means to misappropriate and convey confidential technical material in a trade secret and corporate espionage matter.
  • Prosecuted action against parties fraudulently manipulating email spam filters and carrying out illegal automated creation of email accounts and spam email activity.
  • Successfully implemented enforcement program to disrupt distribution of pirated software through offshore file-sharing sites and peer-to-peer networks.
  • Investigated and pursued  credit card fraud ring abusing online gaming platform.
  • Investigated and initiated international civil litigation and law enforcement referrals against an “advance fee fraud ring.”
  • Investigated and pursued perpetrators of an online and telephonic “customer support” scam.
  • Prosecuted action against website publisher and internet traffic provider in a novel internet case related to “click fraud” and related fraudulent online advertising practices.
  • Investigated and pursued party engaged in fraudulent manipulation of search engine promotional program.
  • Investigated and advised regarding various malware and adware programs.
  • Defended Microsoft in Holomaxx v. Microsoft, a matter involving use and implementation of spam email filters.

Brand Protection

  • Prosecuted actions against cybersquatters infringing trademarks.
  • Carried out international enforcement actions against promoters and distributors of counterfeit goods, including consumer products, digital works, software, and pharmaceutical products.

Education

  • University of Massachusetts Amherst, B.A. (1995)
  • University of California, Berkeley School of Law, J.D. (2000)

Affiliations

Admitted to practice: California, District of Columbia, U.S. District Courts for the Central, Northern, and Southern District of California, U.S. District Court for the Eastern District of Texas, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the District of Columbia Circuit

View More

"Biden Administration Orders Sweeping Directives to Federal Agencies and Contractors to Improve U.S. Cybersecurity," Privacy Law Alert (May 13, 2021). Contacts: Evan D. Wolff, Kate M. Growley, CIPP/G, CIPP/US, Gabriel M. Ramsey, Paul M. Rosen, Michael G. Gruden, CIPP/G, Maida Oringher Lerner
Client Alert / Newsletter
The Daily Journal Names Gabriel Ramsey a 2021 "Top Intellectual Property Lawyer" (Apr.26.2021)
Firm News / Announcement
Top Intellectual Lawyers 2021 Daily Journal (April 21, 2021)
Media Mentions
US Legal Start-Up Files Counterclaim Against Thomson Reuters Australasian (January 26, 2021)
Media Mentions
ROSS Intelligence Accuses Thomson Reuters of Crushing Competitors With 'Sham Copyrights and Intimidation Tactics' The Recorder (January 25, 2021)
Media Mentions
Legal Tech's Predictions For Cybersecurity In 2021 Legaltech News (December 29, 2020)
Media Mentions
US Supreme Court Hears Van Buren Appeal Arguments In Light Of Computer Fraud And Abuse Act Ambiguity The Daily Swig (November 30, 2020)
Media Mentions
The Daily Journal Names Gabriel Ramsey a 2020 "Top Cyber Lawyer" (Nov.16.2020)
Firm News / Announcement
Top Cyber Lawyers: Gabe Ramsey Daily Journal (November 11, 2020)
Media Mentions
Judge Questions Thomson Reuters’ Lawsuit Against ROSS Intelligence LexBlog (November 4, 2020)
Media Mentions

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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