Phillip Samouris has represented clients in business and commercial litigation in San Diego for over 20 years. Mr. Samouris has effectively represented companies in patent, trademark, copyright and trade secret lawsuits, partnership and contractual disputes (including joint development agreements), interference with business relations, investor lawsuits, fraud, professional malpractice and employment issues.

Mr. Samouris has also developed a specialty in Indian sovereignty claims, representing a prominent San Diego County Indian tribe, the Viejas Band of Kumeyaay Indians. He was Moderator for a panel on “Understanding Tribal Sovereignty” at the Seventh Annual Native American Tribal Casino & Hotel Development Conference in San Diego in April, 2014 at Harrah’s Rincon Casino.

Mr. Samouris has personally handled numerous jury trials and arbitrations and was appointed Commissioner on the Commission on Judicial Nominees Evaluation (JNE Commission), an agency of the State Bar which evaluates judicial candidates nominated by the Governor.

Mr. Samouris is the past Executive Editor of the University of San Diego Law Review.

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Representative Cases:

  • Asset Marketing Systems Insurance Services, LLC v. Mister Computer, 542 F.3d 748, 754 (9th Cir. 2008). Represented Defendant in a copyright infringement case brought by computer programmer. Obtained summary judgment against the computer programmer with an award of attorneys fees, thus allowing defendant to continue on with business use of technology under an implied license. In a published opinion, the Ninth Circuit Court of Appeal affirmed the summary judgment.
  • Numbers Licensing, LLC, v. bVisual USA, Inc., et al., 643 F. Supp. 2d 1245 (E.D. Wash. 2009). Represented Defendant in a copyright infringement case brought by computer programmer. In a published opinion, defendant defeated plaintiff’s motion for preliminary injunction, thus allowing defendant to continue to pursue valuable business plan.
  • Viejas Band of Kumeyaay Indians v. Qwest Communications Corporation. Represented Plaintiff in trespass action, asserting that Defendant wrongfully installed fiber optic cable and conduits on Plaintiff’s property.
  • Exhart Environmental Systems, Inc. v. Global Product Resources, Inc. Represented Defendant in a patent infringement case. Obtained a dismissal of the case.
  • Academy of Motion Picture Arts and Sciences v. Albertson’s Inc., et al. Represented co-defendant in a trademark and copyright infringement case involving the display of the Oscar statuette design.
  • Pythagoras Intellectual Holdings, LLC v. Steven Stegall, et al. Represented defendants in patent, trademark and copyright infringement case involving the manufacture, sale and distribution of fireglass. After successful Markman hearing, obtained summary judgment against the plaintiff, thus allowing defendants to continue to pursue valuable business.
  • Area 55, et al. v., Inc., et al., U.S.D.C., Southern District of California, Case No. 11-145 H (NLS). Represented, Inc. in patent and trademark infringement case.

Video Resources:

  • Copyrights- Make sure the Computer Software you Create, Sell or Buy is Covered

    Do you create and sell custom computer software or other work protected by copyright?  Do you purchase such work?  I’m Phil Samouris, a business and intellectual property partner at Higgs Fletcher & Mack.

    Copyright ownership can only be transferred through a writing.  So if you are buying or selling such work, be sure discuss and memorialize who own the copyright to avoid any misunderstandings.  If you have a copyright dispute please call us.  We can help.