Ed Bayley's practice benefits from his unique combination of law firm and software developer experience. He has significant experience handling intellectual property as well as complex commercial litigation and appellate matters.
Cases of Note
Oracle America, Inc. v. Google Inc.: We represented Google in what Oracle claimed to be a multi-billion dollar patent and copyright war concerning the use of the Java programming language in Google’s Android platform. When Oracle bought Sun Microsystems in January 2010, it acquired Sun’s rights to Java. In August of that year, Oracle sued Google, claiming its Android mobile technology infringed Oracle patents and copyrights. We defended Google against all the patent and copyright claims, and also argued that the damage estimates were wildly inflated. Following repeated rounds of motions and briefing, the judge dismissed the bulk of Oracle’s copyright claims, and at trial the jury rendered a unanimous verdict rejecting all claims of patent infringement. Although the jury decided that Google infringed an Oracle copyright on nine out of millions of lines of source code, the case was a sweeping victory for Google, with zero damages. After an appeal by Oracle, the case returned to district court for a trial on fair use. After a two-week trial, the federal jury unanimously found that Google’s use of Oracle’s Java programming language in the Android operating system was a fair use, thereby rejecting Oracle’s claims of infringement in their entirety.
British Telecommunications v. Comcast Cable Communications, LLC: We served as lead counsel for Comcast in an eight-patent case brought by British Telecom in Delaware federal court. The case targeted Comcast's high speed data and telephony services and video encryption. We also asserted Comcast patents against British Telecom in Texas federal court. In Delaware, we prevailed on six of the eight patents by way of summary judgment and stipulated dismissals, and thereafter reached a very favorable resolution of both litigations.
Comcast Cable Communications, LLC et al. v. BT Americas et al.: We represented Comcast in asserting multiple patents against BT in the Northern District of Texas. The patents at issue covered multiple networking technologies, including congestion management, routing, policy management, security, and audio/video conferencing. Through a successful summary judgment and stipulated dismissals, we reached a very favorable resolution.
Awards and Honors
University of California, Hastings College of the Law
Order of the Coif
Thurston Society Member
Hastings Law Journal, Senior Production Editor: 2008-2009; Editor: 2007-2008
CALI Awards, Top Student: Evidence, Intellectual Property, Federal Courts, IP Concentration Legal Research and Writing,
Santa Clara University
Phi Beta Kappa
Dean’s List 2001-2004
Dean’s Scholarship in College of Arts and Sciences