Patrick Ellisen focuses his practice on intellectual property and general commercial litigation, as well as intellectual property protection, counseling and enforcement. He has broad experience handling various types of intellectual property disputes, including patent infringement actions in the U.S. District Courts and before the U.S. International Trade Commission and has experience in insurance coverage of intellectual property disputes.
Patrick also has wide-ranging experience in copyright, trademark and trade secret matters. He regularly advises clients on intellectual property and technology strategies and general business matters, and negotiates and litigates intellectual property license agreements. Patrick is a frequent lecturer on intellectual property management and best practices.
Prior to joining the firm, Patrick was the firmwide chair of the Intellectual Property Practice Group at the law firm Oppenheimer, Wolff & Donnelly.
Areas of Concentration
· Patent infringement
· Intellectual property protection, counseling and exploitation
· Commercial litigation
· Copyright, trademark and trade secret
Significant Representations
· Primax Electronics Ltd. v. KYE Systems America (United States District Court for the Northern District of California). Obtained complete dismissal of infringement claims against leading computer peripheral designer/manufacturer, and obtained a global license to competitor's patent portfolio.
· Protective Optics, Inc. v. Panoptx, Inc. (U.S. District Court for the Northern District of California). Represented plaintiff in patent infringement (and trade secret theft) action regarding tactical protective eyewear technology; settled with a stipulated permanent injunction and admission of infringement.
· Panoptx, Inc. v. Protective Optics, Inc. (U.S. District Court for the Northern District of California). Acted as counsel for defendant in patent infringement action regarding protective eyewear technology; obtained summary judgment of patent invalidity as to all asserted claims.
· Magellan Navigation Inc. v. PNI (United States District Court for the Eastern District of Texas; Lufkin Division). Represented leading GPS/navigation developer in patent litigation.
· American Licorice v. World Confections, Inc. (United States District Court for the Northern District of California). Represented leading extruded candy manufacturer American Licorice in trademark infringement matter adverse to World Confections regarding "Sour Punch" mark.
· Azerity, Inc v. Broadcom Corporation (Superior Court for the State of California, County of Santa Clara). Represented technology CMS software development company in trade secret and breach of software license dispute with Broadcom Corporation.
· Landscape.com, Inc. v. Loanscape, LLC; (U.S. District Court for the Northern District of California). Represented real estate brokerage in trademark infringement/domain name matter.
· Mitac v. Broadcom Corporation (United States District Court for the Northern District of California). Represented Mitac International in defective products/misrepresentation lawsuit adverse to Broadcom Corporation.
· SP Technologies, Inc. v. Magellan Navigation, Inc. (United States District Court for the Northern District of Illinois). Represented Magellan in multi-patent litigation regarding graphical user interface technology.
· Scott Harris, et al. v. Magellan Navigation, Inc. (United States District Court for the Northern District of Illinois). Represented Magellan in GPS navigation patent infringement case; resolved all claims.
· OPTi, Inc. v. VIA Technologies, Inc. (United States District Court for the Eastern District of Texas). Represented leading chip-set manufacturer in multi-patent litigation regarding low pin count bus architecture technology; obtained claims construction and resolved case.
· Primax Electronics, Ltd. v. Logitech (U.S. District Court for the Northern District of California). Acted as counsel for plaintiff in patent infringement action (with companion China counterpart case) regarding computer mouse technology.
· Markzware v. CreativePro.com, et al. (U.S. District Court for the Northern District of California). Acted as counsel for plaintiff in patent infringement action regarding pre-press software ("flight-checking") technology.
· Kuo-Yin-Nan v. Virgin Records, et al. Represented musicians in copyright dispute regarding international platinum hit "Return to Innocence" (Enigma).
· F&G Research v. Primax Electronics, Ltd. (U.S. District Courts for the Northern District of California, Southern District of Florida, and U.S. International Trade Commission). Patent infringement action/investigation regarding computer mouse technology.
Professional & Community Involvement
· Member, American Bar Association
· Member, Churchill Club of Silicon Valley
· Member, I.T.C. Trial Lawyers Association
· Member, Licensing Executives Society
· Member, SAI Global Law & Ethics Advisory Board
· Member, Santa Clara County Bar Association
· Member, Silicon Valley Intellectual Property Law Association
Awards & Recognition
· Selected, Northern California Super Lawyers magazine (2005)
· Rated, AV® Preeminent™ 5.0 out of 5
Articles, Publications, & Lectures
Articles
· Co-Author, "Considering Joinder and Advice of Counsel under AIA," Law360, February 7, 2012
· Author, "Cost Effective Defense of Patent Infringement Suits Brought by Non-Practicing Entities," Intellectual Property and Technology Law Journal, October 2009
· Author, "Does Your Oversight of IP Measure Up," IP & Business, December 2008
· Author, "Minding Your Business," San Francisco Daily Journal, September 3, 2008
· Author, "Reducing and Managing Patent Litigation Costs," IP Law360, March 26, 2008
· Author, "Procedures with Care: Dynamic Nature of Patent Enforcement Makes It Wise to Look Before Litigating," San Francisco Daily Journal, April 5, 2007
Lectures
· Speaker, "Indirect Infringement & Patent Exhaustion Strategies," T.I.L.O., March 2011
· Speaker, "IP Management & Corporate Fiduciary Duties in Post-SOX World," Micron with Ernst & Young, May 2008
· Speaker, "IP Management & Corporate Fiduciary Duties in Post-SOX World," Ernst & Young, March 2008
· Speaker, "U.S. International Trade Commission §337 Actions," King & Wood, Beijing, Shanghai and Shen Zen, November 2006
· Speaker, "U.S. IP Enforcement & Management," Deloitte Touche Tohmatsu, February 2006
· Speaker, "Effective IP Enforcement Strategies," IP Society, July 2005
· Speaker, "IP Management, Best Practices & Strategies," Corporate Counsel, May 2004
· Speaker, "IP Management in the Post-SOX World," Ernst & Young, February 2004
· Speaker, "U.S. IP Enforcement," ITRI (Taiwan), June 2001
· Speaker, "IP Management - Best Practices," Sterling Law Publishing, September 1998
(Also at San Francisco Office)