Complex Litigation Attorney
Cody litigates high-stakes cases and has a long history of securing outstanding results for his clients in those cases. Cody represents both plaintiffs and defendants. While representing plaintiffs, he has achieved great success both settling cases and obtaining judgments. For example, he obtained settlements in excess of $15 million against several large digital music companies in a patent infringement matter, he helped to secure a $500 million settlement in a mortgage-backed securities class action lawsuit, he has recovered settlements of $26 million and $30 million for his clients in securities fraud class action matters, and he obtained a nearly $1 million settlement for his client in a breach of fiduciary duty and trade libel action.
Cody has also enjoyed success defending clients. For instance, he recently obtained summary judgment in favor of his clients for both non-infringement and invalidity of plaintiff’s patent in a patent infringement matter in the Southern District of California. In addition, he recently obtained a very favorable settlement for a client immediately after submitting detailed invalidity contentions in a patent infringement matter, also in the Southern District of California. He also negotiated successful settlements in several copyright infringement actions in both the Central and Northern Districts of California.
Cody’s legal victories began soon after graduation from law school. He immediately began to litigate complex patent disputes, and, shortly thereafter, Cody participated in technical claim construction proceedings, took and defended fact and expert witness depositions, and argued summary judgment motions in courtrooms across the country renowned for patent litigation. Cody then litigated high-stakes class action matters for the largest plaintiff-side class action law firm in the United States, securing multi-million-dollar settlements with some of the country’s largest companies. Cody has litigated in California federal and state courts, and in federal courts across the country, including all districts in California, the Eastern District of Texas, the Southern District of New York, the District of New Jersey, the northern District of Illinois, the District of New Mexico, and the District of Delaware.
Today, Cody litigates a broad range of complex matters, including patent, trademark and copyright litigation. His patent litigation practice encompasses a number of technologies, including digital rights management, database warehouse appliances, pharmaceuticals, medical devices, smartphones, security systems, ethernet technologies, digital cameras and scanners, internet security, hardware and software, augmented and virtual reality technology, cooling systems, and various retail products.
In addition to IP infringement matters, Cody represents consumers in large class action matters and litigates complex civil disputes, including business and partnership disputes and cases that involve claims of fraud, breach of contract, breach of fiduciary duty, misrepresentation, negligence, and many other business related claims.
While Cody’s specialty is litigation, he also often advises clients regarding actions to avoid litigation. Specifically, he counsels brand owners and sellers on Amazon, eBay and Walmart regarding their intellectual property rights and encourages these clients to take strategic, proactive steps to avoid legal issues before they arise.
Cody advises entities of all sizes in all industries from formation through dissolution and all contracts, transactions, and litigation in between. Cody has drafted and negotiated contracts of all kinds, including stock purchase agreements, closing documents for investor-related financing, stock purchase agreements, employment and independent contractor agreements, etc. Cody’s litigation experience gives him the foresight to advise entities with the goal of avoiding future litigation.
If issues do arise, however, Cody has litigated cases in numerous forums. For instance, he litigates cases in state and federal courts, arbitration proceedings, the United States International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB), the United States Patent & Trademark Office (USPTO), and in appellate proceedings before the United States Court of Appeals for the Federal Circuit and the Ninth Circuit.
As a result of his track record of success, Cody has been recognized by his peers in the legal community by being selected as a Super Lawyer for seven consecutive years from 2015 – 2022.
A native of south Louisiana, Cody attended Nicholls State University in Thibodaux, Louisiana where he was a member of the men’s Division I basketball team. In 2003, after obtaining a B.S. in Biology and Chemistry, Cody moved to San Diego to attend Thomas Jefferson School of Law, where he graduated in 2007.
When Cody is not practicing law, he enjoys spending time with his wife and kids.
