tel 619.269.4634 | fax 619.269.4635 | www.holsenbackapc.com
427 Ninth Avenue, Suite 1404 | San Diego, CA 92101-7372
Breach of Contract / Fraud – Sale of a Business
Dan Holsenback substituted-in as trial counsel in a case involving claims of fraud and breach of a contract in the sale of a business. After a six
day jury trial, the jury returned two 12-0 verdicts in favor of Holsenback APC’s clients, the defendant-sellers.
Breach of Contract – Monies Lent but not Repaid
Dan Holsenback substituted-in as trial counsel in a San Diego County case involving a plaintiff’s six-figure claim of breach of contract for monies
lent but not repaid and a cross-claim for intentional infliction of emotional distress brought by the defendant’s mother as a result of cross-defendant’s
collection efforts. After securing the agreement of counsel for defendant and cross-complainant to waive jury and conducting a 2-day bench trial,
Holsenback APC’s client was awarded $152,000; only $30,000 was awarded to cross-complainant. Prior to trial the best offer of defendant and
cross-complainant was that plaintiff “walk away” from his claim and they would agree to mutual releases.
Copyright / Trade Secret / Trademark / Patent
Dan Holsenback was co-counsel for software manufacturer bleem, inc. in precedent-setting copyright, trade secret, trademark, and patent
litigation in the United States District Court, Northern District of California. Bleem’s first product let you play Sony PlayStation games on your PC.
Bleem’s adversary in this litigation was Sony. Bleem served and filed a Rule 11 motion, seeking a sanction of dismissal of the case, together with
motions for summary judgment addressing all of Sony’s claims. Sony took advantage of the “safe harbor” provision of Rule 11, and stipulated to
judgment on Counts Three (circumvention of technological protection measures) and Five (trademark dilution). Bleem won summary judgment
on two claims. First, Sony’s copyright infringement claim relating to a computer progr