Wayne Barsky is a partner in the Century City office of Gibson, Dunn & Crutcher, and is National Co-Chairman of the firm's 125-lawyer Intellectual Property Practice Group. He focuses on patent litigation for clients in the life science, pharmaceutical, medical device, game publishing, media, and social networking industries, and has extensive trial and appellate experience in federal courts throughout the country and in the U.S. International Trade Commission.
In 2006, Wayne was selected as one of the top 500 trial lawyers in the United States by LawDragon Magazine, named a national "Litigation Star" in the Institutional Investor's Benchmark Litigation Guide from 2012-2018, and The Best Lawyers in America has recognized him from 2012-2018 in the areas of Litigation: Intellectual Property and Litigation: Patents. He was named 2011 Los Angeles Intellectual Property Lawyer of the Year, and was singled out as a "superb litigator" in the IAM 250 Life Sciences Survey in 2010. Most recently, Wayne was named a Life Sciences Star in the Intellectual Property category of the inaugural edition of LMG Life Sciences, a supplement to Managing Intellectual Property magazine.
The Daily Journal recognized Wayne in 2015, and consecutively from 2008-2016, as one of the leading intellectual property lawyers in California. He has been named a "SuperLawyer" for each of the 2004-2012 surveys by Los Angeles magazine, is "Highly Recommended" as an intellectual property specialist in Global Counsel 3000, and is profiled as one of the state's top IP specialists in all recent editions of Chambers USA and Legal 500. Recently, Wayne was named to the Los Angeles Business Journal's 2017 list of Most Influential IP Attorneys.
Wayne is routinely called upon in high-profile cases, and has represented both plaintiffs and defendants in more than 75 patent infringement actions. For example, Wayne was one of the lead trial lawyers representing Stac Electronics in its landmark patent infringement suit against Microsoft Corporation pertaining to data compression technology, where Stac was awarded a record $120 million after a month-long jury trial, and a post-judgment, world-wide recall of Microsoft's then-current operating system for personal computers. Other representative engagements include:
- Biogen, Inc. v. Merck-Serono, Pfizer, et al. (lead counsel for Merck-Serono and Pfizer in patent litigation and related arbitration proceedings pertaining to recombinant beta-interferon and therapeutic treatment of multiple sclerosis);
- In Re Columbia University Patent Litigation (representation of Columbia in patent litigation against Amgen, Immunex, Biogen and others pertaining to Columbia's patent portfolio on pioneering inventions involving the genetic transformation of mammalian cells);
- Israel Bio-Engineering Project v. Amgen, Immunex, et al. (representation of Serono (now Merck-Serono) in patent litigation pertaining to tumor necrosis factor binding proteins and novel therapies for rheumatoid arthritis);
- Medgraph v. Medtronic (lead counsel representing Medtronic in patent litigation pertaining to remote patient health monitoring technology);
- Beneficial Innovations v. Viacom, et al. (lead counsel for Viacom, Amazon.com, Scripps Networks, and Expedia in patent litigation pertaining to internet advertising);
- Walker Digital Litigations (representation of numerous media, social networking and game publishing companies—including Activision, Atari, EA, Zynga, Turner, Warner Bros., Sega, and Ubisoft—in three separate patent infringement lawsuits filed by Walker Digital pertaining to encryption and online payment systems);
- Everglades Interactive v. Crowdstar, et al. (representation of EA, Rockyou, LOLapps, Electronic Arts, Zynga, and others in patent litigation pertaining to internet-based social games);
- In Re Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (lead counsel for Tessera Technologies in three separate ITC investigations and related district court proceedings against various companies, including Motorola and Qualcomm, alleging infringement of certain semiconductor patents; the ITC issued a Final Determination in favor of Tessera in the first trial, and an initial determination in the second trial is pending);
- Balthaser v. Network Solutions (representation of eleven social networking and game publishing companies in patent infringement action);
- American Video Graphics v. Electronic Arts, Sega, Atari, et al. (selected to defend Electronic Arts, Sega, Atari, LucasArts, Vivendi, Activision, and other major electronic publishers in software patent litigation brought in the Eastern District of Texas, asserting infringement by more than 1,000 video game titles representing more than a billion dollars in revenue);
- General Electric Medical Systems v. Resonance Technology (representation of GE in patent litigation pertaining to magnetic resonance imaging);
- Johnson & Johnson and Ethicon v. Inamed Corporation (representation of J&J and Ethicon in patent litigation against Inamed pertaining to bariatric surgical devices and methods).
Wayne is a frequent lecturer at PLI and other professional conferences on patent litigation, has chaired the National Intellectual Property Institute for the Corporate Counsel Institute, and is on the Planning Committee of the USC Intellectual Property Institute. Wayne has been invited to speak on campuses as diverse as California Institute of Technology, University of Utah, Columbia University, UCLA, Loyola, MIT, Harvard, USC, and McGill University. Wayne is active in community and pro bono affairs.
He is a former Chairman and is currently a member of the Executive Committee and Board of Directors of Public Counsel Law Center, the nation's largest pro bono law office. Wayne served as a member of the Board of Governors of the Association of Business Trial Lawyers, and as a Judge Pro Tempore in the Los Angeles Superior Court system. Wayne received a California State Bar Commendation for his community service and pro bono activities. Wayne received his J.D. in 1983 from the University of California at Berkeley School of Law. He earned a B.A. in 1979 from the State University of New York at Binghamton with Highest Honors. He is a member of the District of Columbia and California state bar associations, as well as the Federal Circuit Bar Association, the AIPLA, and the LAIPLA. Wayne is a member of the bar of the United States Courts of Appeal for the Federal, Ninth, and District of Columbia Circuits.