Victoria Smith is a partner in the Intellectual Property & Technology Practice Group. Victoria’s clients benefit from her 20 years of experience honing litigation strategies in complex, high-stakes patent litigation matters. With a keen instinct for framing cases for trial and crafting practical solutions, she assembles just the right team of lawyers with expertise to address each particular issue her clients encounter, and brings creativity and passionate advocacy to every matter she handles.

    Victoria works with clients at the forefront of a wide range of industries in cases involving cutting-edge technologies focusing on electronics, including telecommunication devices and software; software, including enterprise software and software for email, mapping, enterprise software and graphics chips; data encryption, compression, and transmission; and biotech and pharmaceuticals.

    Victoria has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including the Northern District of California, the Eastern and Western Districts of Texas, the District of Delaware, the Federal Circuit and the International Trade Commission. She has also practiced before the Patent Trial and Appeal Board (PTAB) on several successful inter partes reviews. Victoria has worked on all phases of patent litigation, including e-discovery, invalidity and non-infringement defenses, fact and expert discovery, Markman, summary judgment, trial, and appeal.

    Having benefited from great opportunities and candid mentorship, Victoria pays it forward by giving back to the community and helping to make a difference where she works and lives. She is a long-time board member of the Asian Law Alliance (ALA), a nonprofit serving low-income residents of the Silicon Valley for nearly half a century, and served as ALA’s president in 2020 and 2021. Victoria’s pro bono work has included winning clemency and freedom for a client who had no history of violence and yet was serving a life sentence, U.S. citizenship for several soldiers enlisted in the US Army and who would have been persecuted if sent back to their home countries, and backpay for a non-English-speaking electrician preyed upon by a bonded contractor.

    Victoria coded at an architectural firm before attending law school. She speaks Cantonese fluently, and reads and writes Chinese.

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    • Sungkyunkwan University Foundation for Corporate Collaboration v. Pinterest, Inc. (US District Court for the Northern District of California) – Represented Pinterest in patent litigation relating to providing personalized content in response to a user query. Obtained summary judgment of non-infringement.*
    • Wireless Recognition Techs. LLC v. A9.com, Inc., et al. (US District Court for the Eastern District of Texas) – Patent infringement action involving image recognition software.*
    • Mount Hamilton Partners, LLC v. Google Inc. (US District Court for the Northern District of California) – Patent infringement action involving online discount software.*
    • Fuzzysharp Techs. Inc. v. Intel Corporation (US District Court for the Northern District of California) – Patent infringement action involving graphics software and chips.
    • Transcenic, Inc. v. Google Inc., et al. (US District Court for the District of Delaware) – Patent infringement action involving street-level mapping technology.
    • In Re Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin (US International Trade Commission) – Represented Amgen in investigation regarding the exclusion from importation into the US of Roche's Mircera® product.*
    • SPH America, LLC v. ACER, Inc., et al. (US District Court for the Southern District of California) – Defended Motorola in a patent infringement action involving WCDMA technology.*
    • Versata Software, Inc. v. SAP AG, et al. (US District Court for the Eastern District of Texas) – Defended SAP in a patent infringement action involving configuration, pricing and order management enterprise software.*
    • Amgen Inc. v. F. Hoffman-La Roche Ltd. (US District Court for the District of Massachusetts) – Represented Amgen in a declaratory judgment action involving recombinant erythropoietin.*

    *Experience gained prior to joining the firm. 

    Education

    • University of Michigan Law School, J.D., Executive Editor, University of Michigan Journal of Law Reform, 2002
    • University of Tulsa, B.S., Computer Science, 1999

    Admissions

    • Texas, 2010
    • California, 2005

    Languages

    • Cantonese
    • Chinese
    • Listed in Super Lawyers Magazine as a Northern California Rising Star 2013-2016

    • Co-presenter, “Laws to Know for 2020,” National Association of Women Business Owners.
    • Co-author, “The Real World Impact of Patent Damages,” The IP Litigator, January/February 2019.
    • Contributor, “Inter Partes Review Proceedings: A Fourth Anniversary Report,” September 2016.
    • Co-author, “2012 Trends in Patent Case Filings,” The Federal Circuit Bar Association Newsletter, March 2013.

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