Max DiBaise

Associate

  • Max DiBaise
  • Phone: +1 650 847 4173

    Import to Address Book

  • Duane Morris LLP
    260 Homer Avenue, Suite 202
    Palo Alto, CA 94301-2777
    USA

Max DiBaise practices in the area of intellectual property law, handling all aspects of various high-tech matters, including patent and ITC litigation, copyright and trade secret litigation, data privacy cases and consumer class action litigation. He has litigated cases involving wide-ranging technologies, including autonomous vehicles, artificial intelligence, streaming media, and CAD-based technologies. And he has experience defending technology companies through all stages of litigation, including appeals.

Mr. DiBaise is a 2021 graduate of Santa Clara University School of Law and a graduate of the University of Arizona. While at Santa Clara, Mr. DiBaise externed for Judge Susan Illston of the United States District Court for the Northern District of California.

Admissions

  • California
  • U.S. District Court for the Eastern District of Texas

Education

  • Santa Clara University School of Law, J.D., 2021
  • University of Arizona, B.S.E., 2018

Experience

  • Duane Morris LLP
    - Associate, 2024-present
  • Fenwick & West
    - Associate, 2021-2024

Selected Publications

Representative Matters

  • Defended Amazon in U.S. International Trade Commission (ITC) action. Secured complete victory of no infringement and no domestic industry (on both technical and economic prongs) for four patents asserted against Amazon's popular video streaming devices. (In the Matter of Certain Video Processing Devices and Components Thereof, 337-TA-1343)

  • Defended Pandora in a patent infringement action relating to playlist generation technologies. Case dismissed on the pleadings, finding the asserted patents invalid. The dismissal was affirmed by the Federal Circuit. (Bluebonnet Internet Media Services, LLC v. Pandora Media, LLC, Case No. 21-cv-08294-VC (N.D. Cal.))

  • Defended Audible in a putative class action brought on behalf of independent authors challenging Audible’s royalty practices. Case dismissed on summary judgment. (Golden Unicorn Enterprises, Inc. et al v. Audible, Inc., Case No. 21-cv-07059 (S.D.N.Y. 2022))

  • Lead associate in patent infringement matter defending remote driving startup. Secured complete win on Motion to Dismiss, invalidating asserted patents under 35 U.S.C. Section 101.