Mr. Ellisen's practice focuses 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 particular experience in insurance coverage of intellectual property disputes.
Mr. Ellisen 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. Mr. Ellisen is a frequent lecturer on intellectual property management and best practices.
Prior to joining Greenberg Traurig, Mr. Ellisen 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
· Azerity, Inc v. Broadcom Corporation (Superior Court for the State of California, County of Santa Clara); successfully represented technology CMS software development company in trade secret and breach of software license dispute with Broadcom Corporation.
· Primax Electronics, Ltd. v. Logitech (U.S. District Court for the Northern District of California); counsel for plaintiff in patent infringement action (with companion China counterpart case) regarding computer mouse technology.
· 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; successfully 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); counsel for defendant in patent infringement action regarding protective eyewear technology; won 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); successfully represented leading GPS/navigation developer in patent litigation.
· American Licorice v. World Confections, Inc. (United States District Court for the Northern District of California); successfully represented leading extruded candy manufacturer American Licorice in trademark infringement matter adverse to World Confections regarding "Sour Punch" mark.
· Landscape.com, Inc. v. Loanscape, LLC; (U.S. District Court for the Northern District of California); successfully represented real estate brokerage in trademark infringement/domain name matter.
· Mitac v. Broadcom Corporation (United States District Court for the Northern District of California); successfully represented Mitac International in defective products/misrepresentation law adverse to Broadcom Corporation.
· SP Technologies, Inc. v. Magellan Navigation, Inc. (United States District Court for the Northern District of Illinois); successfully 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; successfully resolved all claims.
· OPTi, Inc. v. VIA Technologies, Inc. (United States District Court for the Eastern District of Texas); represent leading chip-set manufacturer in multi-patent litigation regarding low pin count bus architecture technology.
· Primax Electronics Ltd. v. KYE Systems America (United States District Court for the Northern District of California); represent leading computer peripheral designer/manufacturer in declaratory relief action to invalidate computer mouse scroll wheel patent.
· Markzware v. CreativePro.com, et al. (U.S. District Court for the Northern District of California); 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, Santa Clara County Bar Association
· Member, American Bar Association
· Member, SAI Global Law & Ethics Advisory Board Member
· Member, Silicon Valley Intellectual Property Law Association
· Member, Licensing Executives Society
· Member, Churchill Club of Silicon Valley
· Member, I.T.C. Trial Lawyers Association
Awards & Recognition
· Selected, Northern California Super Lawyers magazine, 2005
· Rated, AV® Preeminent™ 5.0 out of 5
Articles, Publications, & Lectures
Articles
· 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 Law & 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
· Lecture, "IP Management & Corporate Fiduciary Duties in Post-SOX World," at Micron with Ernst & Young, May 2008.
· Lecture, "IP Management & Corporate Fiduciary Duties in Post-SOX World," with Ernst & Young, March 2008.
· Lecture, "U.S. International Trade Commission §337 Actions" King & Wood, Beijing, Shanghai and Shen Zen, November 2006.
· Lecture, "U.S. IP Enforcement & Management" Deloitte Touche Tohmatsu, February 2006.
· Lecture, "Effective IP Enforcement Strategies" IP Society, July 2005.
· Lecture, "IP Management, Best Practices & Strategies" Corporate Counsel, May 2004.
· Lecture, "IP Management in the Post-SOX World" with Ernst & Young, February 2004.
· Lecture, "U.S. IP Enforcement" ITRI (Taiwan), June 2001.
· Lecture, "IP Management - Best Practices" Sterling Law Publishing, September 1998.
(Also at East Palo Office)