Stephen S. Korniczky: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

Stephen S. Korniczky

Phone858.720.7443

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Intellectual Property
  • Copyrights
  • False Advertising, Lanham Act and Unfair Competition
  • Patent Litigation
  • Patent Prosecution and Counseling
  • Trade Secrets
  • Trademarks and Trade Dress
  • Litigation
  • International Practice
  • Antitrust and Trade Regulation
  • Video Game
  • Entertainment, Technology and Advertising
  • Aerospace and Defense
  • Automotive
  • Energy
  • Climate Change and Clean Technology
  • Communications
  • Digital Business
  • Emerging Growth/Venture Capital
  • Life Sciences and FDA
  • Sports
 
University Polytechnic University, B.S., Mechanical Engineering, 1984
 
Law SchoolState University of New York - Buffalo School of Law, J.D., 1987
 
Admitted1988, California; United States Patent and Trademark Office
 
Biography

Stephen Korniczky is a partner and co-chair of the firm's Intellectual Property Practice Group, which has more than 100 attorneys.

Areas of Practice

Mr. Korniczky is a trial lawyer who focuses his practice on patent litigation as well as strategic counseling on patent, trademark, trade secret and copyright matters. He has litigated more than 100 patent and other IP lawsuits, including some of the largest multi-patent infringement actions in the United States. He has invalidated numerous patents asserted against his clients and has substantial experience handling nationwide patent and trademark enforcement campaigns against multiple infringers. He represents internationally based, publicly traded and emerging companies in many areas, including in the automotive, semiconductor, computer, mobile communications, internet/e-commerce, consumer electronics, life sciences and medical device industries.

Most recently, Mr. Korniczky was lead counsel for Defendants HTC Corporation, HTC America and Exdea Inc. (collectively HTC) in a patent infringement action brought by WiLAN, Inc. in the Eastern District of Texas. WiLAN alleged that HTC infringed its standard essential patent (SEP) covering the 3GPP HSDPA mobile phone standard. After a six day trial, the jury awarded a complete defense victory finding that HTC did not infringe the asserted patent, and that the patent claims are invalid based on anticipation and/or obviousness.

Mr. Korniczky was also lead counsel for Defendants HTC Corporation and HTC America, Inc. in a two-patent infringement action brought by Intellect Wireless in the Northern District of Illinois. At trial, the Honorable William T. Hart ruled that Intellect Wireless had engaged in inequitable conduct before the Patent Office rendering the patents unenforceable and dismissed the lawsuit. The patents covered wireless portable communication devices that receive and display caller ID information, non-facsimile pictures, video messages and/or Multimedia Messaging Service.

In addition, Mr. Korniczky was lead counsel for Defendants, Samsung SDI Co., Ltd. and Samsung SDI America, Inc., in a patent infringement action brought by Honeywell International, Inc. in the District of Delaware. On the eve of trial, he successfully invalidated the patent in suit which related to LCD backlighting technology when the Honorable Joseph J. Farnan granted the motion for summary judgment of invalidity filed by Mr. Korniczky on behalf of his clients. The decision was subsequently upheld on appeal to the U.S. Court of Appeals for the Federal Circuit.

Moreover, Mr. Korniczky successfully defended Norel Corporation in a patent infringement action filed by Plaintiff Church & Dwight Co. et al. in the District of Nevada by invalidating the two asserted patents covering a long chain fatty acid based cattle feed supplement. The court granted our motion for summary judgment invalidating the first patent and the U.S. Patent and Trademark Office granted our request for reexamination finding all the claims in the second patent unpatentable.

Mr. Korniczky is registered to practice before the U.S. Patent and Trademark Office, and has significant experience prosecuting patent applications. He utilizes his combined prosecution and litigation background to advise clients on business oriented IP licensing and portfolio development strategies. He has successfully designed and implemented value-added strategies to raise venture capital, generate licensing revenue, cross-license competing IP and position companies for acquisition.

For example, Mr. Korniczky designed and implemented a patent strategy for Cameron Health, a Carlsbad medical device company, to protect its Subcutaneous Cardio Implantable Defibrillator (S-ICD) system and attract over $25 million in venture capital. Subsequently, Cameron Health received an equity investment from Boston Scientific in exchange for an exclusive option to buy the company.

Honors

•Mr. Korniczky is a Fellow in the Litigation Counsel of America. In addition, he is listed in Chambers USA and Legal 500, and is recognized by his peers as among The Best Lawyers in America. He has also been honored as one of the Top 30 IP Attorneys in California by the Daily Journal, a San Diego Super Lawyer, and one of the Top 10 IP Litigators in San Diego by the San Diego Daily Transcript.

Clerkships

Judicial Law Clerk to the Honorable Giles Sutherland Rich, U.S. Court of Appeals for the Federal Circuit from 1991 to 1993

 
ISLN900626898
 


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Office Information

Stephen S. Korniczky

12275 El Camino Real, Suite 200 (Del Mar Heights)
San DiegoCA 92130




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