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Blake Cunningham is counsel in the firm’s Intellectual Property Practice in the Austin office. He has represented clients in a variety of intellectual property matters, including copyright, trade secret, and patent litigations. Mr. Cunningham also has significant experience in complex commercial litigation, including in fraud, unfair competition, tortious interference, and breach of contract matters. In addition to his litigation experience, Mr. Cunningham regularly counsels media and technology companies with regard to music licensing and other IP rights.

Prior to joining King & Spalding, Mr. Cunningham practiced at Weil, Gotshal & Manges in Silicon Valley and Greenberg Traurig in San Francisco.

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Credentials

California

Texas

U.S. District Court for the Central District of California

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

U.S. District Court for the Northern District of California

Matters

Phonorecords III: Representing Google in Copyright Royalty Board proceeding to set the rates and terms for digital music royalties under Section 115 of the Copyright Act for the period 2018-2022.

American Society for Testing and Materials et al. v. Public.Resource.Org, Inc.: Represented ASHRAE, a standards developing organization, in copyright and trademark infringement suit and achieved summary judgment granting the client’s desired injunctive relief. Mr. Cunningham successfully argued for ASHRAE at the summary judgment hearing and is now representing ASHRAE in the pending appeal.

SESAC, Inc. v. Radio Music License Committee, Inc.: Represented the Radio Music License Committee, an organization representing thousands of commercial radio broadcasters in the United States, in an arbitration to set the rates and terms for public performance rights.

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Matters

Phonorecords III: Representing Google in Copyright Royalty Board proceeding to set the rates and terms for digital music royalties under Section 115 of the Copyright Act for the period 2018-2022.

American Society for Testing and Materials et al. v. Public.Resource.Org, Inc.: Represented ASHRAE, a standards developing organization, in copyright and trademark infringement suit and achieved summary judgment granting the client’s desired injunctive relief. Mr. Cunningham successfully argued for ASHRAE at the summary judgment hearing and is now representing ASHRAE in the pending appeal.

SESAC, Inc. v. Radio Music License Committee, Inc.: Represented the Radio Music License Committee, an organization representing thousands of commercial radio broadcasters in the United States, in an arbitration to set the rates and terms for public performance rights.

In re Petition of Pandora Media, Inc. and Broadcast Music, Inc. v. Pandora Media, Inc.: Represented Pandora in litigations against the American Society of Composers, Authors & Publishers (“ASCAP”) and Broadcast Music, Inc. (“BMI”) to determine reasonable royalties for performances of musical works.

ESPN, Inc. v. Broadcast Music, Inc.: Representing ESPN in “rate court” litigation to determine reasonable musical works public performance royalties for ESPN’s cable television broadcasts.

Webcasting IV: Represented NPR in its successful settlement of the Copyright Royalty Board proceedings involving the establishment of statutory license rates and terms under sections 112 and 114 of the Copyright Act.

In re Application of MobiTV, Inc.: Part of trial team representing MobiTV against ASCAP in litigation establishing rates for mobile and online distribution of television at rates significantly less than sought by ASCAP

Old American Rodsmiths, Inc. vs. GLV International, LLC, et al: Defended Bass Pro Shops in trade secret litigation involving fishing equipment technology.   

Embarcadero Open MRI, Inc.  v. Health Diagnostics: Acted as lead attorney for plaintiff in arbitration of a contract dispute concerning the sale of a health care facility. Client was awarded all applicable contract damages.  

Duramed Pharmaceuticals v. Watson Laboratories: Part of trial team representing plaintiff in litigation asserting pharmaceutical patents against generic drug manufacturers.

Beneficial Innovations, Inc. v. Advance Publications, Inc., et al.: Defending Demand Media in patent litigation relating to internet advertising.

Netlist, Inc. v. Smart Modular Technologies, Inc., et al.: Defending multiple parties in patent and trade secret litigation related to memory modules.

Digitech Image Technologies, LLC v. Mamiya Digital Imaging Co., et al.: Defending camera manufacturer in patent litigation involving digital camera technology.

Matters

Phonorecords III: Representing Google in Copyright Royalty Board proceeding to set the rates and terms for digital music royalties under Section 115 of the Copyright Act for the period 2018-2022.

American Society for Testing and Materials et al. v. Public.Resource.Org, Inc.: Represented ASHRAE, a standards developing organization, in copyright and trademark infringement suit and achieved summary judgment granting the client’s desired injunctive relief. Mr. Cunningham successfully argued for ASHRAE at the summary judgment hearing and is now representing ASHRAE in the pending appeal.

SESAC, Inc. v. Radio Music License Committee, Inc.: Represented the Radio Music License Committee, an organization representing thousands of commercial radio broadcasters in the United States, in an arbitration to set the rates and terms for public performance rights.

See more
Icon close

Close

Matters

Phonorecords III: Representing Google in Copyright Royalty Board proceeding to set the rates and terms for digital music royalties under Section 115 of the Copyright Act for the period 2018-2022.

American Society for Testing and Materials et al. v. Public.Resource.Org, Inc.: Represented ASHRAE, a standards developing organization, in copyright and trademark infringement suit and achieved summary judgment granting the client’s desired injunctive relief. Mr. Cunningham successfully argued for ASHRAE at the summary judgment hearing and is now representing ASHRAE in the pending appeal.

SESAC, Inc. v. Radio Music License Committee, Inc.: Represented the Radio Music License Committee, an organization representing thousands of commercial radio broadcasters in the United States, in an arbitration to set the rates and terms for public performance rights.

In re Petition of Pandora Media, Inc. and Broadcast Music, Inc. v. Pandora Media, Inc.: Represented Pandora in litigations against the American Society of Composers, Authors & Publishers (“ASCAP”) and Broadcast Music, Inc. (“BMI”) to determine reasonable royalties for performances of musical works.

ESPN, Inc. v. Broadcast Music, Inc.: Representing ESPN in “rate court” litigation to determine reasonable musical works public performance royalties for ESPN’s cable television broadcasts.

Webcasting IV: Represented NPR in its successful settlement of the Copyright Royalty Board proceedings involving the establishment of statutory license rates and terms under sections 112 and 114 of the Copyright Act.

In re Application of MobiTV, Inc.: Part of trial team representing MobiTV against ASCAP in litigation establishing rates for mobile and online distribution of television at rates significantly less than sought by ASCAP

Old American Rodsmiths, Inc. vs. GLV International, LLC, et al: Defended Bass Pro Shops in trade secret litigation involving fishing equipment technology.   

Embarcadero Open MRI, Inc.  v. Health Diagnostics: Acted as lead attorney for plaintiff in arbitration of a contract dispute concerning the sale of a health care facility. Client was awarded all applicable contract damages.  

Duramed Pharmaceuticals v. Watson Laboratories: Part of trial team representing plaintiff in litigation asserting pharmaceutical patents against generic drug manufacturers.

Beneficial Innovations, Inc. v. Advance Publications, Inc., et al.: Defending Demand Media in patent litigation relating to internet advertising.

Netlist, Inc. v. Smart Modular Technologies, Inc., et al.: Defending multiple parties in patent and trade secret litigation related to memory modules.

Digitech Image Technologies, LLC v. Mamiya Digital Imaging Co., et al.: Defending camera manufacturer in patent litigation involving digital camera technology.

Credentials

California

Texas

U.S. District Court for the Central District of California

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

U.S. District Court for the Northern District of California