Jessica S. Pers

Ms. Pers,

a partner in Orrick's San Francisco office, is a member of the Litigation Group and focuses on civil litigation, emphasizing antitrust, franchise litigation, trademark and copyright disputes and class actions.

Ms. Pers has handled both jury and non-jury trials and injunction proceedings in federal and state courts and has extensive experience in extraordinary writ practice and appeals before California and federal courts.

Additionally, she has advised clients in the computer industry and various manufacturing and service fields on trademark, copyright and antitrust issues, including issues relating to domain name use on the Internet. She has handled cases for major franchisers in the automotive service and home health care industries as well as state and federal antitrust actions against Microsoft, Levi Strauss & Co. and many television and movie studios. Recently, Ms. Pers has had primary responsibility for large consumer class actions settlements arising from antitrust litigation against Microsoft.

The following is a sample of her notable cases:

In re Microsoft Antitrust Cases. Represented Microsoft in 27 private class action antitrust cases in California and is currently managing the settlements in the consumer and government entity class actions.
Go Computer, Inc. v. Microsoft. Represented Microsoft in state and federal antitrust litigation brought by a defunct pen computer manufacturer.
Baker v. Microsoft Represented Microsoft in a class action challenging the company's standard End User License Agreement included in its software packaging.
Ralph C. Wilson Industries v. KTVU, et al. Represented major television distributors in an antitrust action brought by a television station in San Jose, California regarding syndicated programming.
Greer Software Associates v. Concord Capital Management. Represented the defendant in an action relating to copyright protection for computer source code, breach of a license agreement and employee non-compete agreements.
Acuson Corporation v. Westmark International, Inc. and Advanced Technology Laboratories. Represented ATL against a claim by Acuson that the use of the phrase "digital computed sonography" to describe ultrasound technology infringed its "Computed Sonography" trademark. Successfully opposed a motion for a preliminary injunction.
Gallo Winery v. Gallo Salame. Represented Gallo Salame, then a division of Sara Lee, in arbitration over alleged breaches of a trademark license.
Starbucks Coffee International, Inc. v. Beijing Mei Da Coffee Co., Ltd. Represented Starbucks' licensee in Asia in arbitration arising from its operations in Beijing and Tianjin.
Narell v. Freeman. Represented Putnum & Sons in this copyright action and obtained summary judgment on the ground that similarities between plaintiff's work and Ms. Freeman's novel were nonprotectible "scènes à faire."
ACI US v. Fourth Dimension Software, Inc. Represented an Israeli company in a trademark infringement action over the use of "4D" for computer software.
Home Americair of California franchise cases. Trademark, trade secrets and breach of contract litigation with former franchisees of home respiratory therapy services in federal and state courts throughout the United States.

Good to know

Areas of Practice 1) Antitrust & Competition, 2) Commercial Litigation, 3) Trademark and 4) Copyright & False Advertising Litigation & Counseling
Law School J.D., University of California, Berkeley, Boalt Hall School of Law, 1977
Education Ed.M, Harvard Graduate School of Education, 1973
Bar Member / Association State bar of California
Most recent firm Orrick, Herrington & Sutcliffe LLP
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