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Philip C. Ducker

Of Counsel

[email protected]

+1.415.432.6087

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Philip’s practice is primarily focused on intellectual property matters with an emphasis on patents, trade secrets, trademarks, and trade dress. These matters involve a wide and diverse range of complex technologies, including electronics, mobile telecommunications, mobile devices, and medical devices. Philip has successfully represented clients in District Courts across the United States and before the US International Trade. In addition to litigation matters, Philip also regularly counsels clients on intellectual property acquisitions and divestitures.

Previously, Philip worked as an associate in the Silicon Valley office of an international law firm.

Education

  • Boston University School of Law (JD)
  • University of Cincinnati (BS)

Experience

International Trade Commission

  • Certain Food Waste Disposers and Components and Packaging Thereof (337-TA-838) - Trial counsel for respondent Anaheim Manufacturing in unusual Section 337 investigation involving patents, trademarks, and trade dress regarding garbage disposers. Won complete victory when the complainant unconditionally dropped all claims following the first day of trial.
  • Certain Ceramic Capacitors and Products Containing Same (337-TA-692) - Trial counsel for respondent Samsung Electro Mechanical Co., Ltd. in a Section 337 case relating to multilayer ceramic capacitors. Prevailed on all three patents asserted at trial.

Federal District Court

  • Intellectual Ventures I and II v. AT&T, Sprint Nextel, T-Mobile and US Cellular. Lead counsel in two cases involving 28 patents related to various aspects of telecommunications services including LTE and 3G infrastructure, SMS messaging, MMS messaging, web-based services and directory assistance technology.

Recent Insights

News & Press

Viewpoints

Viewpoint
On February 25, 2019, the Supreme Court denied Power Integrations, Inc.’s (“Power Integrations”) petition for writ of certiorari.  The question presented to the Court was whether a plaintiff who had proven customer demand for an infringing product as a result of the patented feature was entitled to damages based on the entire market value of the product, or if the plaintiff also had to prove that the other unpatented features of the infringing product did not drive customer demand.  The Court’s denial leaves a high burden for patentee’s relying on the Entire Market Value Rule (“EMVR”).
Viewpoint

CAFC Affirms Prior Jury Verdict Admissible in Upholding $140M Verdict against Time Warner

December 17, 2018 | Blog | By Stephen J. Akerley, Philip C. Ducker, Adrian Kwan

On November 30, 2018, the Federal Circuit affirmed a jury verdict awarding Sprint Communications Company, LP (“Sprint”) damages in the amount of $139,800,000.00 USD against Time Warner Cable, Inc., et al., for infringing five patents directed to Voice over IP technology (“VoIP”).
On January 12, 2018 in Exmark Manufacturing Co. Inc., v. Briggs & Stratton Power Products Group, LLC, the Federal Circuit once again addressed the issue of apportioning damages, an area of the law that continues to evolve.  The parties in Exmark are competitors in the commercial lawn mower market.
The Federal Circuit’s damages apportionment jurisprudence is an ever-evolving area of the law. On January 10, 2018, a three judge panel of the Federal Circuit revisited the issue in connection with a patent covering a method for providing computer security in the case Finjan, Inc. v. Blue Coat Systems, Inc.

News & Press

In this Law360 “Expert Analysis” column, a team of Mintz intellectual property attorneys discuss the Federal Circuit’s modified opinion in Power Integrations v. Fairchild. The piece notes that this opinion is a retreat from an earlier ruling that set an unattainable standard for invoking the entire market value rule. The column is authored by Member Steve Akerley, Of Counsel Philip Ducker and Associate Rob Moore.

Events

Speaker
Nov
5
2018

IP Law & Management Institute: Leveraging and Protecting your IP Assets to Thrive in a Dynamic Corporate Environment

International Performance Management Institute

The Langham Huntington, 1401 S Oak Knoll Ave, Pasadena, CA