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Patent Litigation 2012

 
Author(s): Christopher K. Hu, Jeanne M. Gills, Edward G. Poplawski
Practice Area: Intellectual Property
Published: Sep 2012
ISBN: 9781402418617
PLI Item #: 34279
CHB Spine #: G1105, G1106

Based in the firm's Los Angeles and Palo Alto offices, Edward G. Poplawski is head of Wilson Sonsini Goodrich & Rosati's patent litigation practice. Edward currently serves as a member of the firm's Strategic Practice Development Committee. Nationally recognized as one of the nation's leading trial lawyers, he focuses his practice primarily on patent litigation, including jury trials and proceedings before the International Trade Commission. Edward also has litigated and tried high-profile cases involving trademark and copyright infringement, trade secret misappropriation, and antitrust violations. His marquee clients have included Aruba Networks, Atmel, Cornell University, Deutsche Bank, eBay/PayPal, First Data, Genentech, Google, Hewlett-Packard, IGT, Intuit, LSI, McAfee, Mylan Pharmaceuticals, Samsung, and SAIC.

Edward consistently is recognized as one of the top intellectual property attorneys in California and the United States. He received the "California Lawyer Attorneys of the Year" (CLAY) Award in 2009 for his work in IP litigation, notably his work as lead trial counsel for Cornell University in winning a $184.1 million jury award against Hewlett-Packard and for Etex Corporation in obtaining an $81 million damages award plus attorneys' fees against Medtronic. He also has been recognized by Chambers USA: America's Leading Lawyers for Business, U.S. News – Best Lawyers, Legal 500 US, IAM Patent 1000, and other publications as a leading trial lawyer and "a superstar" who, "according to clients, demonstrates 'an intelligence and commitment that earns him the trust of the court and jury,'" "is brilliant in the courtroom, and conducts himself with integrity at all times," and "produces phenomenal results." In addition, clients indicate that "he is a superb advocate, both in the courtroom and in negotiations," and "he is able to assemble a highly talented team that promptly responds to the constant barrage of motions and demands from adversaries," and "is used to handling important cases."

As lead counsel for companies both large and small as well as nonprofit institutions, Edward successfully has litigated patents across a broad range of technologies. These include data transmission systems, mobile phone systems, computer processor architecture, liquid crystal optical devices, genomics, synthetic proteins, monoclonal antibodies, diabetes drug and bone growth compositions, and other biotechnology products, semiconductor fabrication, computer misuse detection systems, wireless communication devices, radar systems, nuclear waste disposal systems, optical storage devices and switches, radio-isotope elution systems, robotics, electric vehicles, pollution control systems, sophisticated cameras, chemical compositions, assay kits, computer software, ordnance, food processes, defibrillators, fluorescence spectroscopy, medical and dental products, thermoelectric generators, thermal control systems, heart valves, artificial liver devices, glucose monitors, fiber optics, and a variety of electronic hardware and consumer electronics.

Edward has been involved in arbitration proceedings before the Court of Arbitration of the International Chamber of Commerce and the American Arbitration Association, in addition to special patent litigation proceedings under the U.S. Atomic Energy Act. His trademark litigation experience includes successfully obtaining and defending against more than 100 preliminary injunction motions and representing trademark owners, registries, and Internet service providers in high-profile Internet-related litigation. He also has counseled clients on the interplay between intellectual property matters and the business aspects of transactions, and has provided entrepreneurial intellectual property advice to start-up and emerging growth companies. In addition, he has advised the White House and members of the U.S. Congress—and has addressed foreign judges and government officials abroad—on Internet-related intellectual property issues.

Prior to joining Wilson Sonsini Goodrich & Rosati, Edward was a partner in the Los Angeles office of Sidley Austin LLP, where he was a member of the Executive Committee, the head of the West Coast intellectual property and technology practice, and global co-chair of the intellectual property litigation practice.


Jeanne M. Gills is a Partner and Vice Chair of Foley’s national Intellectual Property Department and also sits on her firm’s Management Committee. She has previously served as the former Vice-Chair of Foley’s IP Litigation Practice.  Over her career, she has tried and been lead counsel in numerous complex patent, trade secret, trademark, copyright, and unfair competition litigation and appeals—including PTAB post-grant proceedings—in diverse industries (from electronics to biotechnology).  Her trial experience includes the  TAS v. Cummins trial regarding a technology and trademark license agreement (over $150 MM at stake) and “bet the company” cases such as DeKalb v. Pioneer regarding patents on genetically engineered corn (over $500 MM at stake). 

Her litigation experience has dovetailed into counseling clients on global IP strategy, including work on the division of patent/technology assets for Kraft Foods’ 2012 split (into Kraft Foods and Mondelez) and leading the IP side of M&A transactions, such as recent $1.2 billion deal involving the creation on behalf of power technology companies two JV entities (one in the U.S. and one in Switzerland).

She has been recognized among The Best Lawyers in America (Food & Beverage, 2015-2017; IP Litigation, 2017); Benchmark Litigation Local Litigation Star (2018) & Top 250 Women in Litigation (2017); IAM Patent 1000The World’s Leading Patent Practitioners (2012-2017); Crain’s Most Influential Minority Lawyer List (2017); Managing IP’s Top 250 Women in IP (2013) & IP Stars (2013-17); Legal 500 US (Patent/Trade Secret Litigation, 2007, 2010; Patent Transactional, 2015-2016); Leading Lawyers (Patents, 2012-13, 2017), LawDragon 3000 for IP (2011); Illinois SuperLawyers® (2005, 2006, 2008-2018); “Top Minority IP Partner” by AIPLA & MCCA (2003); Nation’s Best Advocates: 40 Lawyers Under 40 by NBA & IMPACT (2010); and the “AV” rated attorneys through Martindale-Hubbell’s peer review process.

She holds a B.S. in Electrical Engineering degree (with honors) from Michigan State University,  a J.D. from the University of Chicago Law School, and she is a registered USPTO patent attorney.  Ms. Gills regularly presents seminars and publishes on a variety of IP topics.  Over her career, she has been a staunch champion of diversity in the legal profession and founded the Chicago Black Partners Alliance in 2012.  (www.chicagoblackpartnersalliance.org)


Christopher Hu concentrates his practice in intellectual property litigation. He has more than 35 years of experience representing a broad spectrum of clients in patent and trade secret cases and disputes involving a wide range of technologies, including:

  • e-commerce
  • computers
  • telecommunications devices
  • medical products
  • chemicals
  • pharmaceuticals
  • consumer products
  • mechanical devices

Christopher speaks frequently at industry events on topics such as the interaction between the Leahy-Smith America Invents Act (“AIA”) and litigation, including patent litigation.