Picture of Rachel M. Capoccia

Rachel Capoccia is a partner in the Intellectual Property Litigation and Cybersecurity and Privacy Groups. Her practice focuses on technology-based litigation and counseling, with an emphasis on patent litigation, copyright litigation and other technology-related matters. Her legal experience is complemented by 10 years working at IBM as a software engineer before law school, during which she led a team of engineers who developed computer graphics software and computer aided design systems.

Rachel represents clients in all phases of patent infringement matters involving diverse areas of technology, including digital cameras, Internet-­based software systems, biotechnology, cellular telephony, video and audio conferencing systems, image processing software, encryption software, CAD/CAM and computer graphics software, medical devices, and design patents. She also litigates copyright matters involving issues relating to motion picture authorship and ownership, alleged copying of musical works, and defending freelance photographers’ rights in digital derivative works. Combining her software development background and copyright experience, she counsels clients in issues related to copyrightability, fair use, and substantial similarity of software works, and in compliance with Digital Millennium Copyright Act provisions, and licensing of various types of intellectual property.

Rachel provides strategic privacy and cyber preparedness compliance counseling to clients involved in numerous fields, including security, mobile apps, Internet of Things, cloud computing, and government contracting. She also assists clients in developing and implementing best practices in cybersecurity and privacy monitoring and incident response.

Rachel is an adjunct professor of Copyright law at the University of Southern California Gould School of Law, where she attended law school and received the Alumni Award for graduating first in her class. After law school, she served as a law clerk to the Honorable Cynthia Holcomb Hall of the U.S. Ninth Circuit Court of Appeals. Rachel is a member of Law360’s Intellectual Property Editorial Advisory Board. She also teaches Intellectual Property Law at the U.C. Irvine Law School.

Patent Experience
  • Lead patent litigation counsel for Panasonic Corp. and JVC in multidistrict litigation in the D.C. District Court involving a nonpracticing entity's patents related to multipurpose interface devices for connecting analog devices seamlessly with a computer using digital cameras and camcorders.
  • Representing Amazon.com and Panasonic Corporation in patent infringement litigation against a nonpracticing entity in E.D. Texas involving portable, wireless thin clients and server technology.
  • Representing a leading global developer of electronic commodities trading software in a series of patent infringement litigation matters in N.D. Illinois involving electronic trading software patents.
  • Patent litigation counsel for MySpace and AOL in patent infringement litigation in E.D. Texas involving software for enhancing Internet security for large network systems.
  • Patent litigation counsel for Dow Jones in a patent infringement matter in C.D. California relating to real­time Internet news updating services.
  • Represented St. Jude Medical in patent infringement litigation in C.D. California involving patents regarding systems for imaging the electrical activity in a patient's heart using internal catheters.
  • Represented Hewlett­Packard Company in several patent infringement matters throughout the country against a competitor in areas such as computer aided design software, VLSI chip design and image processing systems.
  • Represented Polycom, Inc., in patent litigation against a competitor in E.D. Texas involving patents related to video encoding and decoding.
  • Represented a biotechnology startup company at an arbitration involving the ownership and inventorship of a number of patents developed during a joint venture to develop peptide compounds for the treatment of anemia and other blood disorders.
  • Represented Stamps.com in patent infringement litigation against Pitney Bowes regarding patents for Internet postage technology and encryption systems.
  • Represented Shimano, Inc., in several patent infringement matters against its competitors related to a variety of bicycle technology.
Copyright and Other IP-Related Experience
  • Represented major motion picture studio in copyright litigation relating to alleged infringement by motion picture of a book and screenplay (resulted in judgment of no substantial similarity on the pleadings).
  • Represented major motion picture studio in copyright litigation with the owners of the underlying characters on which a motion picture and several sequels were based.
  • Represented The Home Depot in a copyright infringement matter brought by the Black Keys related to use of original music in commercial advertisements.
  • Confidential counseling of multiple hi-tech clients regarding copyrightability, fair use, and substantial similarity issues related to software copyrights
  • Represented freelance photographers in copyright litigation related to the publication and distribution of National Geographic’s DVD product.
  • Defended an internet search engine in litigation involving trademark infringement and misappropriation regarding the use of plaintiff’s marks during the operation of the search process.

J.D., University of Southern California Gould School of Law

B.S., Rochester Institute of Technology

Bar Admissions California

USC Gould School of Law Intellectual Property Institute Executive Committee, 2010 – 2016

California State Bar - Intellectual Property Section

Board of Directors, Western Center on Law & Poverty

Board of Directors, Downtown Women’s Center

Awards & Recognition
  • Century City Bar Association Intellectual Property Litigator of the Year, 2016
  • Selected as a Southern California Super Lawyer, 2008-2017, 2019-2021
  • Recognized as one of The Best Lawyers in America® for 2021