Paul E. Torchia

Paul E. Torchia is a partner in the New York office of Gibson, Dunn & Crutcher.

Paul has litigated scores of intellectual property cases in a wide range of technical fields. He has served as lead counsel for prominent technology companies such as Dell, EMC, Roku, Cloudera, and Infor, among others. He has tried and won patent cases before jurisdictions specializing in intellectual property cases, including the District of Delaware, the Northern District of California, the Southern District of California, the Eastern District of Texas, and the International Trade Commission. Paul also has an active practice before the United States Patent Office, where he has successfully litigated numerous Inter Partes Review proceedings on behalf of both patent owners and challengers.

Paul also has an established record of success in handling the foremost intellectual property remedies disputes. Paul has won preliminary injunction motions for plaintiffs and defendants, in life science and high technology cases, before district courts and on appeal. Most recently, Paul argued Sun Pharma’s expedited appeal of Incyte’s preliminary injunction before the Federal Circuit, where he won a highly publicized ruling from the bench vacating the injunction.   

Paul received his Bachelor of Science in Biochemistry from the University of Maryland in 1997. He obtained his Juris Doctor, cum laude, from Cornell University Law School in 2000, where he was an editor of The Cornell Law Review.

Paul is admitted to practice before the United States Supreme Court, the Federal Circuit Court of Appeals, the Eastern District of New York, the Southern District of New York, the Western District of Texas, the Eastern District of Texas, the State of New York and the United States Patent and Trademark Office (No. 55,683).

Paul is featured as a top-rated Intellectual Property Litigation attorney in New York, New York by Super Lawyers. In addition, Benchmark Litigation has recognized Paul as a “Litigation Future Star” for New York in its 2022–2025 guides. Paul was named a “Rising Star” by Legal Media Group in its Expert Guide in June of 2016. Paul was also recognized by Patexia as one of the “Top IPR Attorneys.” According to Patexia, Paul placed “in the top 6% out of 5,626 attorneys,” who “earn[ed] their mention either for their high activity or for their top performance.”

Representative Experience:

• Representing Dell as lead counsel in a complex patent infringement case brought by CloudByte in the Eastern District of Texas.  
• Represented Sun Pharmaceutical in a high-profile patent litigation brought by Incyte seeking to bar Sun from launching Leqselvi, Sun’s new FDA-approved branded alopecia drug. Drove the irreparable harm side of the case before the district court and on appeal. Argued Sun’s expedited appeal of the preliminary injunction before the Federal Circuit. Obtained a rare ruling from the bench vacating the injunction and a written order issued the same day, permitting Sun to launch immediately and without waiting for the mandate to issue. Received both American Lawyer “Litigators of the Week Runners-Up” and Law360 “Legal Lions” honors for this victory.
• Representing Dell EMC in its over ten-year patent dispute with ACQIS. Won a complete victory on summary judgment of non-infringement for Dell EMC on 8 patents. Defeated ACQIS’s merits appeal before the Federal Circuit, and then on remand won a $4 million award of attorney fees from the District Court. Currently serving as lead counsel for Dell EMC on ACQIS’s pending appeal of the fee award before the Federal Circuit. 
• Represented Dell as lead counsel in two high-stakes patent litigations brought by Sisvel in the District of Delaware, involving over twenty patents directed to cellular communications technology. Pursued a successful IPR strategy that resulted in both Delaware litigations being stayed, and numerous patents being invalidated.
• Represented Dell as lead counsel in a patent litigation brought by VideoLabs in the Western District of Texas. Secured a favorable settlement.  
• Represented Cloudera as lead counsel in a patent litigation brought by Byteweavr in the Western District of Texas. Secured a favorable settlement.
• Represented Roku as lead counsel in a patent litigation brought by VideoLabs in the District of Delaware. Secured a favorable settlement.  
• Tried and won a high-profile patent case for Novartis in the District of Delaware. The case involved Novartis’s blockbuster multiple sclerosis drug Gilenya. Developed, argued, and won the irreparable harm portion of Novartis’s successful motion for a preliminary injunction.
• Represented Gilead in a patent litigation against Lupin in the District of Delaware. Secured a favorable settlement.
• Represented Sophos in a complex patent case against Open Text and Webroot pending in the Western District of Texas. Secured a favorable settlement.
• Represented Archer Aviation in a high-profile patent and trade secret litigation against Wisk Aero in the Northern District of California. Defeated a motion for a preliminary injunction and secured a favorable settlement for Archer.
• Represented NetApp in a patent litigation against KOM Networks pending in the District of Delaware. Secured a favorable settlement.
• Represented NetApp in a patent litigation against Intellectual Ventures in the District of Massachusetts. Argued and won a motion for summary judgment of non-infringement for NetApp in its case against Intellectual Ventures in the District of Massachusetts.
• Represented Rubrik in a patent litigation against Actifio in the District of Delaware. Drove the irreparable side of Rubrik’s opposition to Actifio’s preliminary injunction. Forced Actifio to drop its motion for a preliminary injunction and dismiss its case against Rubrik without obtaining any payment.
• Represented Rubrik in three high-stakes patent litigations against Commvault in the District of Delaware and the Western District of Texas. Obtained a highly favorable settlement for Rubrik.
• Tried and won a patent case for EMC against Pure Storage in the District of Delaware. Drove the damages case and secured EMC a $14 million jury verdict.
• Represented AppDynamics in two high-profile intellectual property cases against CA Technologies in the Eastern District of New York and the Northern District of California. Forced a highly favorable settlement for AppDynamics that cleared the way for its subsequent $3.7 billion acquisition by Cisco.
• Represented Infor, including as lead counsel, in various patent litigations brought in the Northern District of Texas, Eastern District of Texas, District of Delaware, Eastern District of Virginia, Central District of California, and Middle District of Florida. Secured numerous favorable settlements.
• Represented a major manufacturer of smartphones and tablets in its high-profile patent case against Samsung in the Northern District of California. Developed the patentee’s novel and successful consumer-survey-based irreparable harm and damages theories.

Capabilities

• Intellectual Property
• Litigation
• Technology Litigation

Credentials

Education:

• Cornell University - 2000 J.D., cum laude
• University of Maryland - 1997 Bachelor of Science

Admissions:

• New York Bar