Paul E. Torchia is a partner in the New York office of Gibson, Dunn & Crutcher.
Mr. Torchia has litigated intellectual property cases in a wide range of technical fields, including computer hardware and software, telecommunications, wireless networking, medical devices, and pharmaceuticals for clients including Dell, Novartis, NetApp, Rubrik, Infor, AppDynamics, and Microsoft. Mr. Torchia has tried seven intellectual property cases, including before the District of Delaware, Northern District of California, Southern District of California, Eastern District of Texas, and the International Trade Commission. Mr. Torchia also has an active practice before the United States Patent Office, where has successfully handled a number of Inter Partes Review proceedings on behalf of both patent owners and challengers.
Mr. Torchia 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.
Mr. Torchia 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, Eastern District of Texas, the State of New York and the United States Patent and Trademark Office (No. 55,683).
In November of 2022, Mr. Torchia was recognized by Patexia as one of the “Top IPR Attorneys of 2022.” According to Patexia, Mr. Torchia 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.”
Mr. Torchia was named a “Rising Star” by Legal Media Group in its Expert Guide in June of 2016. According to the Legal Media Group, “the Rising Stars guide represents a listing of the brightest and most talented practitioners in the area of business law and related practices.”
- Tried and won a high-profile patent case for Novartis with Jane Love and Bob Trenchard in the District of Delaware. The case involved Novartis’s blockbuster multiple sclerosis drug Gilenya. Previously developed, argued, and won the irreparable harm portion of Novartis’s motion for a preliminary injunction.
- Won a complete victory on summary judgment of non-infringement for EMC, on 8 patents, in a patent litigation against ACQIS in the District of Massachusetts. ACQIS had previously asserted this same patent portfolio against IBM in the Eastern District of Texas, obtained a jury verdict of infringement, and then subsequently secured tens of millions of dollars of settlement payments from other major technology companies. Defeated ACQIS’s appeal before the Federal Circuit. Currently leading EMC’s effort, in the District Court, to obtain an award of attorney fees from AQCIS.
- Argued and won a motion for summary judgment of non-infringement for NetApp in its case against Intellectual Ventures in the District of Massachusetts.
- Tried and won a patent case for EMC against Pure Storage with Josh Krevitt in the District of Delaware. Argued numerous motions, drove the damages case, and secured EMC a $14 million jury verdict.
- Represented Rubrik in its patent litigation against Actifio. 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.
- 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.
- Representing Dell in a series of patent litigations against WSOU in the Western District of Texas.
- Representing NetApp in a patent litigation Against KOM pending in the District of Delaware.
- Representing Dell in a patent litigation against VideoLabs pending in the in the Western District of Texas.
- Representing Novartis in a patent litigation brought by Shilpa in the District of Delaware.
- Representing Archer Aviation in a high-profile patent and trade secret litigation against Wisk Aero pending in the Northern District of California.
- Represented Infor 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.
- Represented a major national mobile carrier in several patent litigations filed in the Eastern District of Texas.
- Represented Fixmo in its patent infringement case against Good Technologies in the Northern District of Texas.
- Represented Aruba Networks in several successful patent litigations and one jury trial before the District of Delaware*, the Eastern District of Texas*, and the Central District of California.
- Represented Microsoft in several patent cases and one jury trial before the Eastern District of Texas and Court of Appeals for the Federal Circuit.*
- Represented Thomson Licensing in its International Trade Commission proceeding against BenQ and AU Optronics. Took the lead on one of the five patents in-suit at trial and worked with Josh Krevitt to secure a highly favorable settlement after trial.*
*Representation occurred before employment at Gibson Dunn