Jeffrey Fillerup has been a business litigator for more than 25 years, focusing on litigating intellectual property, franchise/distribution, unfair competition, and insurance coverage issues in federal district court, state court and bankruptcy court. He has particular expertise in handling and trying adversary proceedings in bankruptcy court, and he is a Certified Legal Specialist in Franchise and Distribution Law.
Recent Work / Representative Matters
Intellectual Property Litigation:
Defended patent case seeking damages for alleged infringement of photo-sharing patents.
Defended patent case seeking damages for induced and contributory infringement of erosion-control method patents.
Lead defense counsel in a two-month patent infringement trial regarding athletic equipment patents, resulting in a defense ruling of invalidity and non-infringement.
Defended breach of license agreement suit relating to the development and licensing of cellular software.
Defended legal malpractice suit seeking $60 million in damages for alleged malpractice in connection with the defense of a patent infringement claim relating to die casting patents.
Lead appellate counsel in case involving an assignee's standing to sue for patent infringement (reported at 211 F.3d 1245 (Fed. Cir. 1999)).
Prosecuted copyright and unfair competition suit against an inventory software company alleging that the defendant had misappropriated the plaintiff's code.
Defended copyright/trade secrets claims against former employees of investment bank who allegedly used the plaintiff's software in defendants' new business.
Franchise / Distribution Litigation:
Defended class action suit by distributors against a direct-sales nutritional supplement company.
Defended claims by a group of franchisees alleging that they were fraudulently induced to become franchisees.
Prosecuted suit against a former franchisee for violation of a non-competition covenant and trademark infringement.
Prosecuted suit by franchisor against a former employee for misappropriation of trade secrets and obtained a preliminary injunction enjoining competition while suit was pending.
Prosecuted suit against a software company alleging that its distribution system was an unregistered franchise under the California Franchise Investment Law.
Lead plaintiffs' counsel in breach of franchise agreement/encroachment suit against a national retail franchisor.
Prosecuted claims by a chemical manufacturer against a worldwide exclusive distributor for unfair competition and breach of exclusive distribution agreement.
Lead plaintiff's counsel in a suit against a national retailer alleging tying violations.
Bankruptcy Court Litigation:
Lead trial counsel in bankruptcy court trial concerning the assignment of the debtor's Internet-related patents.
Lead trial counsel in bankruptcy court trial involving the recovery of 13 parcels of real property transferred by the debtor pre-petition.
Lead trial counsel in bankruptcy court trial concerning preference payments made to overnight delivery company.
Prosecuted adversary proceeding against real estate agents and brokers seeking to recover a 24-unit apartment building for the debtor's estate.
Prosecuted legal malpractice claims alleging that the defendant's malpractice had caused the debtor's bankruptcy.
Prosecuted breach of fiduciary duty and deepening insolvency claims against former officers and directors of the debtor.
Arbitrated insurance coverage claims seeking to recover $19 million in losses suffered by the debtor pre-petition because of accounting irregularities.
Insurance Coverage Litigation:
Prosecuted and defended more than 100 major insurance coverage cases involving coverage under business liability policies.
Memberships
ABA Forum on Franchising.
Defense Research Institute.
San Francisco Intellectual Property Law Association (SFIPLA).
American Intellectual Property Law Association (AIPLA).
ABA Insurance Coverage Litigation Committee.
Board Member: California Board of Legal Specialization for Franchise and Distribution Law.
Legal Specialist: California State Bar in Franchise and Distribution Law.
California Bankruptcy Forum.
National Association of Bankruptcy Trustees (NABT).
Special Notes
Judicial Clerk, U.S.D.C., S.D. Cal., 1984-85 (Judge Brewster).
Recognition
State Bar of California Certified Legal Specialist - Franchise & Distribution Law.
Industries
Insurance
Publications / Presentations
Media Presence / Articles About Attorney / Attorney Contribution
08 | 19 | 2009 Recognition
Jeffrey Fillerup Certified as Franchise and Distribution Law Specialist; Appointed to Board's Advisory Commission
All Authored Works
"Four California Cases Rule that Proposition 64 is Retroactive" - Franchising Business & Law Alert - April 2005.
"Sometimes, Insurers Must Defend Patent Claims" - Los Angeles Daily Journal - April 12, 2004.
"Commercial Free Speech: California Courts Further Define How the Free Speech Guarantee Can be Used as a Defense in Commercial Litigation" - The Recorder Commercial Litigation Supplement - October 14, 2002.
Co-Author: "The Trade Secret Handbook" - published by the ABA in 2000.
"Likely Leak: Inevitable Disclosure Doctrine Can Aid Employers" - San Francisco Daily Journal - August 2000.
Editor: Franchise Law Update - A monthly update of franchise litigation nationally - 1996-2000.
"More on the Millennium Bug: How Will it Impact Your System?" - Franchising World - July / August 1998.
Presentations
"IP Assets in Bankruptcy: Litigating and Settling IP Disputes, and Buying, Selling, and Transferring IP Assets in Bankruptcy Court" - Annual Meeting, San Francisco Intellectual Property Law Association - May 2009.
"Recent Developments in Liability Coverage for Patent and Other Intellectual Property Claims" - ABA TIPS 17th Annual Insurance Coverage Litigation Committee Midyear Meeting - Los Angeles, CA, February 2009.
"Identifying, Managing, and Resolving Troubled Franchise Relationships" - International Franchise Association Annual Legal Symposium - May 2008.
"Strategies and Ethical Considerations in Pursuing Insurance Coverage for Intellectual Property Claims" - Annual Meeting, San Francisco Intellectual Property Law Association - May 2007.
"Litigation of Trade Secret and Espionage Claims" - ABA Forum on Franchising Annual Meeting - Hollywood, FL - October 2003.
"Enforcing Noncompetition Covenants" - CLE International - San Francisco - June 2001.
"What the Inevitable Disclosure Doctrine Means to Franchisors and Franchisees" - Leaders Franchising - June 2000.
"The Drafting and Enforcement of Noncompetition Covenants" - Forum on Franchising Annual Meeting - Palm Springs - 1999.
"Venue, Jurisdiction, and Arbitration Issues in Franchise Litigation" - State Bar of California Spring Meeting - Monterey California - 1998.
Chair: "Practising Law Institute's ("PLI") Annual Insurance Coverage Litigation" seminar - San Francisco - 1993, 1994 and 1995.
"The Duty to Defend: Post-Montrose Issues" - PLI - 1995 (quoted by the New Jersey Supreme Court in General Accident Ins. Co. of America v. Dpt. of Environmental Protection, 672 A.2d 1154, 1155 (N.J. 1996)).
"Recent Developments in the Duty to Defend" - PLI - 1992.
"Controlling Litigation Costs," RIMS/ABA - San Francisco - 1989.
"Managing the Complex Case" - Executive Enterprises - New York -1988.
"Excess, Umbrella and Reinsurance Issues" - Executive Enterprises - Boston, MA - 1988.