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Pamela K. Fulmer
Partner

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Contact:
​pam@tacticallawgroup.com
​(415) 766-3509


Recognition

​Selected as a Woman Leader in Tech Law 2017 by The Recorder


Listed in The Best Lawyers in America® Trademark Law (2016-2023) and Commercial Litigation (2023)

Winner 2015 Clients Choice Award in the Intellectual Property: Trademarks category for California

Recognized in the 2013 - 2022 editions of “IP Stars” by Managing Intellectual Property magazine 

Recognized in 2013 - 2016 as one of the “Top 250 Women in IP” by Managing Intellectual Property magazine

Recognized 2017 through 2019 as one of the "Top 250 Women in IP in the World" by Managing Intellectual Property magazine

Listed as a Northern California “Super Lawyer” by Law & Politics and San Francisco magazines for multiple years

Education

University of California, Hastings College of the Law, J.D. 1991 (Cum Laude, Order of the Coif, Thurston Society)

Miami University, Bachelor of Arts Degree, 1985 (Cum Laude, Phi Beta Kappa, Political Science With Honors)

Bar and Court Admissions

California
​U.S. Court of Appeals for the Ninth Circuit
Northern District of California
Eastern District of California
Central District of California
Southern District of California
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Pam Fulmer has substantial experience litigating all types of intellectual property and commercial disputes with a special emphasis on licensing disputes. Her cases have included copyright, trademark, trade secret and patent infringement, as well as privacy related lawsuits. Pam also has experience in lawsuits involving the Lanham Act and false advertising, unfair competition, trade libel, licensing, and other complex litigation.  In addition to her intellectual property practice, Pam has deep experience representing technology and other clients in high-stakes commercial litigation. This litigation has included breach of contract cases as well as lawsuits raising claims of misrepresentation, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing and other business torts.

In addition to her litigation practice, Pam has a great deal of experience defending audits by software companies including Oracle Corporation, where she has advised clients on various issues including VMware virtualization, as well as hosting and related alleged areas of under-licensing.  She has worked with her clients to develop strategies to mitigate these positions and to push back successfully on the audit findings.


Pam has been a partner at some of the largest and most prestigious international law firms in the world including Jones Day, DLA Piper and Dentons. Her practice has been a mix of intellectual property and commercial cases, with a focus on practical and cost effective solutions to her clients' problems. Pam's clients are located all over the United States and her practice is national in scope, litigating cases across the United States.  She co-founded Tactical Law Group LLP in 2016 after 24 years of big law firm practice.

Pam has deep connections to other lawyers and law firms in the Bay Area.  If Pam does not have the expertise to handle your matter, she can make a referral to the another attorney.  TLG also acts for its clients as an Outside General Counsel, managing other law firms to ensure efficiency, results and quality legal service.

In addition to her litigation practice, Pam also counsels clients on IP and other business issues.  She has seen first hand how bad contracts can cause big problems, and she works closely with her clients to assist in the negotiation of all different types of business agreements.    Pam also assists with the drafting of website terms of use, privacy policies and other documents involving the conduct of business on the Internet.
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Litigation Experience

Pam has represented clients in courts and arbitral forums across the country. Her cases have included technologies involving e-commerce and the Internet, cellular communications, streaming media, ad serving, email messaging and security, telecommunications, computer hardware and software, medical devices, pharmaceuticals, water filtration technology, biotechnology, sports and consumer products. She is adept at developing cost-effective strategies to successfully resolve litigation on behalf of her clients.

A trusted advisor to technology, consumer products and other companies, Pam works hard to understand her clients’ business in order to deliver right sized legal advice.

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Select representative matters include:
  • Lead counsel in defense of technology communications company sued by Oracle for copyright infringement arising out of an Oracle software audit.
  • Local counsel for information and communications technology company sued for breach of contract and copyright infringement by Oracle.
  • Lead counsel for ERP software developer alleging breach of contract and business tort claims against public entity customer in AAA arbitration.
  • Lead counsel in copyright and breach of contract action brought by software vendor against deadbeat customer.
  • Successful representation of municipality undergoing software audit.
  • Advise technology client on privacy issues relating to Illinois Biometric Information Privacy Act ("BIPA") and the use of facial recognition technology.
  • Successful representation of customers in licensing and other contract based disputes with software publishers.
  • Lead counsel for consumer products company in false advertising and unfair competition case involving multiple Chinese third-party sellers on amazon.com e-commerce platform.
  • Advise multiple companies on negotiation and documentation of ERP licensing and implementation agreements.
  • ​Advise multiple companies on trade secret and unfair competition issues relating to employee mobility and trade secret theft.
  • Lead counsel for Fortune 500 consumer products company in a trademark and trade dress infringement action against a competitor.
  • Lead counsel in trademark matters before the Trademark Trial & Appeal Board ("TTAB").
  • Lead counsel defending individual on guaranty involving the maritime container industry.  Successfully defeated an attachment application involving real estate, and favorably settled case on behalf of client.
  • Multiple matters defending clients undergoing Oracle, Micro Focus, Quest and other software audits.
  • Advise clients on issues involving product sales on e-commerce sites such as Amazon and work with these sites to remove infringing content and fake reviews.
  • Lead counsel representing clothing company in defense of patent infringement lawsuit venued in the Central District of California.  Obtained voluntary dismissal.
  • As lead counsel, defended international Internet service provider in copyright infringement and breach of license agreement action brought by Oracle in Northern District of California.
  • Lead counsel representing a variety of clients in responding to Oracle audits and assertions by Oracle of breaches of the OLSA, the MSA and other Oracle agreements.
  • As lead counsel, reached successful settlement for Silicon Valley based SaaS company in Eastern District of Texas patent litigation involving software patents.
  • Lead counsel representing Silicon Valley based SaaS company in defense of breach of contract action in Santa Clara Superior Court.
  • As lead counsel, represented market leader in portable breathalyzer devices in patent infringement lawsuit against a competitor in Northern District of California.  Defeated Alice motion brought on Section 101 grounds.
  • Advise Amazon third-party sellers in disputes with Amazon and other third-party sellers.
  • Defended client in partnership dispute involving retail store in San Francisco Superior Court.
  • Represented Plaintiff Fortune 500 consumer products company in a declaratory judgment action for non-patent infringement and non-breach of a licensing agreement.
  • As lead counsel, represented company in Lanham Act unfair competition case venued in the Northern District of California involving alleged mislabeling of personal care product packaging.
  • Represented as lead counsel, major national celebrity and entertainment magazine Us Weekly in a patent infringement case venued in the Southern District of New York involving video streaming technology.
  • As lead counsel, represented Plaintiff Fortune 500 consumer products company in a trademark infringement and unfair competition case in the Northern District of California.
  • Defended software company in action for false advertising, trademark infringement and unfair competition brought by a competitor.
  • Represented plaintiff in a patent infringement case against Apple in the Northern District of California. The case involved technology that allows consumers to play back digital media content, including audio and video, at variable speeds.
  • Lead counsel defending a patent infringement case in the Eastern District of North Carolina involving sewer hose support technology. Obtained successful settlement.
  • Lead counsel on behalf of the Women’s Professional Soccer League in a breach of contract dispute with a former team owner in Florida state court.
  • Defended well-known video gaming company and other retailer companies in a patent infringement case involving gaming technology in the Eastern District of Texas.
  • Represented non-profit research institute in a theft of trade secrets and breach of contract case against a former research director in Nevada state court. Successfully obtained a preliminary injunction.
  • Represented plaintiff technology and digital entertainment company in lawsuit venued in the Central District of California alleging claims for breach of contract, unjust enrichment, and fraud against a competitor. Case settled favorably for client.
  • Lead counsel defending large international consumer products company in a false patent marking case in the Northern District of California. Case settled favorably.
  • Represented plaintiff medical device company in a patent infringement medical device case involving brain imaging technology.
  • Obtained a successful settlement on behalf of a consumer products company in a patent infringement and trademark case involving key chain locators venued in the Northern District of California.
  • Obtained a successful settlement for medium-sized technology company in a patent infringement and breach of contract case involving email firewall technology in the Northern District of California.
  • Obtained a successful settlement for several large energy clients in a patent infringement lawsuit in the Northern District of California involving intelligent software relating to the efficiency of coal-fired power plants.
  • Represented consumer products company in a design patent infringement, trademark infringement, and unfair competition lawsuit involving ready-to-assemble furniture for use with televisions and stereos. Case, which was venued in the Northern District of California, settled favorably.
  • Obtained a successful dismissal on behalf of a well-known Fortune 500 software company in a patent infringement case involving CD-ROM technology venued in the Southern District of New York.
  • Represented well-known computer manufacturer in a patent infringement case in the Northern District of California involving Wi-Fi technology.
  • Represented plaintiff a major US media and technology company in a AAA arbitration involving the breach of a patent licensing agreement. Case settled favorably prior to hearing.
  • Lead counsel for a well-known Silicon Valley-based software company in a case alleging violation of California’s anti-spam law in the Central District of California. Obtained a successful dismissal on behalf of the client.
  • Represented plaintiff in a trade secrets case involving airport screening technology in San Francisco Superior Court.
  • Represented plaintiff, a software company, in a Lanham Act unfair competition and patent infringement case involving online college admissions applications software.  The defendant breached privacy laws to obtain the unfair advantage, and we were able to prevail on our Lanham Act and patent infringement claims at trial.
  • Successfully defended a consumer products company in a patent litigation filed in the Northern District of California involving DVD technology.
  • Defended well-known Silicon Valley software company in a case alleging breach of contract and defective software filed in the Middle District of Tennessee. Obtained a favorable settlement on the client’s behalf.
  • Defended technology company in an action filed in the Central District of California alleging antitrust violations, unfair competition, trade libel, and trademark infringement and dilution. Successful settlement for client.
  • Represented defendant, a well-known audio company, in a patent infringement action involving DVD technology venued in the Northern District of California. Obtained a successful settlement on behalf of client.
  • Represented technology company in a AAA breach of licensing agreement dispute involving GPS technology. Obtained a successful settlement on behalf of client after multi-day arbitration hearing.
  • Defended medical device company in a trade secrets case involving stent technology filed in Arizona’s state court.
  • Lead counsel on behalf of claimant marketing company in a breach of contract dispute against a leading golf club manufacturer involving a marketing campaign for golf clubs. Obtained a AAA arbitration award of over $1 million after multi-day hearing.
  • Represented claimant non-profit research foundation in a three-week AAA international arbitration hearing, obtaining an award of $33 million plus attorneys’ fees on behalf of the client.
  • Pro bono counsel representing the City and County of San Francisco in Re: Marriage Cases, which litigated the rights of same-sex couples to marry in the State of California.

Honors and Professional Awards
  • Selected to The Best Lawyers in America 2016-2019, Trademark Law
  • Winner 2015 Clients Choice Award in the Intellectual Property: Trademarks category for California
  • Recognized in the 2013, 2014, and 2015 editions of “IP Stars” by Managing Intellectual Property magazine
  • Recognized in 2013, 2014, 2015, and 2016 as one of the “Top 250 Women in IP” by Managing Intellectual Property magazine
  • Recognized in 2017 and 2018 as one of the "Top 250 Women in IP in the World" by Managing Intellectual Property magazine
  • Listed as a Northern California “Super Lawyer” by Law & Politics and San Francisco magazines
Presentations
  • "Understanding IP Law", StartOut, San Francisco, 2016
  • "Copyrights in Flux," Intellectual Property Owners Association Annual Meeting, Chicago, 2015
  • "Office Talk: Women and Men in Conversation," Arent Fox + Leading Women in Technology, San Francisco, 2015
  • "Are Trade Secrets the New Patents?" General Counsel West Conference, San Francisco, 2014
  • "Information Technology Litigation: Current Topics," Practising Law Institute, San Francisco, 2014
  • “Inside Women’s Power Circles That Are Changing the Face of Business Creating the Perfect Balance to the Old-Boy Network,” Stiletto Network, San Francisco, 2014
  • “Forum Selection and Dispute Resolution Clauses,” San Francisco, 2013
  • “Competitor Actions for Breach of Privacy and Social Media Obligations,” Palo Alto and San Francisco, 2013
  • “Recent Changes in the Law of Patent Infringement Damages,” Palo Alto and San Francisco, 2012
  • “Top 10 Biases Encountered in International Dispute Resolution,” The Fourth Annual California International Arbitration Conference, Santa Clara, 2009
Publications
  • Oracle Licensing Litigation 2021: The Year in Review, The Licensing Journal, Volume 42, Number 3, March 2022
  • Licensing Oracle Software in Cloud Environments, Northern California Oracle Users Group, Volume 31, No. 3, August 2017, co-authored with Nathan Biggs
  • Business Litigation Insights: Six Tips for  Perfecting Your Contract Before a Dispute Arises (2012)
  • How Software Developers Can Protect Their Rights in the Aftermath of In re Bilski, The Computer & Internet Lawyer, Vol. 27, No. 6 (2010)​
  • Goodbye Boiler-Plate: Practical Advice for Drafters of Domestic and International Arbitration Agreements, 3 World Arb. & Mediation Rev. 912009  
Professional Activities
  • Intellectual Property Owner's Association, Member, Trade Secrets and Women's Committee 2016
  • Intellectual Property Owner's Association, Member, Copyright Committee, 2015 and 2017
  • Bar Association of San Francisco, Board of Directors (2012-2014)
  • Bar Association of San Francisco Foundation, Board Chair (2010-2012)
  • Advisor to the Executive Committee of the International Law Section of the State Bar of California (2013-2015)
  • Northern District of California Historical Society, Board of Directors (2005-Present)
  • Barrister, The Edward J. McFetridge American Inn of Court
  • Member, Bay Area Intellectual Property Inn of Court
  • The Club Silicon Valley, Membership Committee (2013-Present)
  • Family Dog Rescue, Board of Directors (2016)
  • Extern, The Honorable Marilyn Hall Patel, United States District Court for the Northern District of California (Winter, Spring 1991)

LLife Beyond the Law

In her spare time, Pam enjoys spending time with her family, reading, genealogy research, digital photography, day trips around the Bay Area, writing historical novels, and playing with her four Havanese dogs.

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  • Home
  • Professionals
    • Pamela K. Fulmer
    • Dee A. Ware
    • Marcela Davison Avilés
    • Affiliated Counsel
  • Practice
    • Software Audit Defense
    • Licensing & Contract Disputes
    • Litigation
    • ERP Licensing & Disputes >
      • Oracle/NetSuite Disputes
    • Advertising and Competition
    • Trade Secrets & Employee Mobility
    • Intellectual Property
    • Tech Transactions
    • Outside General Counsel Services
    • Privacy and Data Security
  • Industries
  • Resources
  • About us
  • Oracle Blog
  • Tactical Law Blog
  • Contact