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Stephen J. Akerley

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Education

  • University of San Francisco (JD)
  • Cornell University (BS, Electrical Engineering)

Bar Admissions

  • California
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Seventh Circuit

Steve is a seasoned intellectual property trial lawyer who has successfully represented clients in District Courts across the United States and before the US International Trade Commission and international tribunals. He is regularly called upon to defend companies in critical intellectual property disputes involving damages claims of hundreds of millions of dollars. Steve has also represented patent owners and secured individual settlements of more than a hundred million dollars.

His insights and views on intellectual property issues are frequently sought and have been featured in publications such as the Financial Times, Los Angeles Times, PC World, Red Herring, IP Law & Business, and Law360.

Representative Matters

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.
  • Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same (337-TA-617) - Trial counsel for respondent Top Victory Electronics (Taiwan) Co., Ltd. in Section 337 case relating to chipsets used in digital televisions. Prevailed on both patents in suit.

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.
  • Amkor Technologies v. Synoptics, Inc. et al. Represented Amkor in patent and trademark dispute related fabrication and packaging technology for fingerprint sensors.
  • BPI Sports LLC v. NAI. Lead counsel for BPI in patent infringement case involving nutritional supplements utilizing L-citruline, resulting in settlement by defendant.
  • BPI Sports LLC v. Cellular. Lead counsel for BPI in trademark infringement case, resulting in favorable settlement.
  • Convolve, Inc. v. Seagate Technology. Lead counsel for Seagate regarding claims of patent infringement and trade secret misappropriation where the plaintiff alleged more than a billion dollars in damages.  This case led to the landmark Federal Circuit decision, In Re Seagate Technology, in which the court overturned 24 years of precedent in Seagate's favor, preserving the attorney-client privilege and abolishing the duty of care standard for defendants on notice of a patent claim. Client prevailed on summary judgment resolving all direct liability issues.
  • Global lead counsel for Intergraph Corp. and Intergraph Hardware Technologies, Co. against Hewlett-Packard-Packard in five separate patent infringement cases venues in California, Texas, and Germany resulting in a US $141 million settlement for Intergraph.
  • PACid LLC v. Lenovo Group Ltd. Lead counsel for Lenovo in patent litigation relating to encryption technology.
  • F&G Research v. Creative Labs. Lead counsel for Creative, prevailing on summary judgment resulting in complete victory for Creative prior to discovery phase.
  • AudioMPEG v. Creative Labs. Represented Creative in patent infringement case relating to audio compression technology.
  • Creative Labs v. Apple, Inc. Represented Creative in patent infringement cases relating to hierarchical database structures and user interface design.
  • Hitachi Ltd. v. AmTran. Lead counsel for Hitachi in patent cases regarding computer display technology. Resulted in substantial license.
  • Hitachi Ltd. v. Top Victory Electronics. Lead counsel for Hitachi in patent cases regarding computer display technology. Resulted in substantial license.
  • Hitachi Ltd. v. Proview. Lead counsel for Hitachi in patent cases regarding computer display technology. Resulted in substantial license.
  • Phoenix Technologies v. DeviceVM. Lead counsel for DeviceVM in a patent infringement and trade secret misappropriation case relating to "instant on" boot routine technology. Resulted in Phoenix making a payment to DeviceVM.
  • Intergraph v. Intel. Defended Intergraph with respect to claims by Intel that Intergraph had infringed seven patents. The case settled, with Intel paying Intergraph in excess of US $350 million.
  • Bella Bella v. Neutropenia, et al. Represented Neutrogena and Johnson & Johnson in a patent infringement case involving abrading facial creams in a case we quickly resolved.
  • NEC Corp. v. Hyundai Electronics. Represented Hyundai in a multi-patent case relating to DRAM structure and process technology.

Recognitions & Awards

  • The Legal 500: Top IP litigators in Silicon Valley
  • Super Lawyers: Top Attorneys in Northern California
  • California Daily Journal: Top 50 IP Litigators
  • National Law Journal: 40 Under 40 (2009)
  • American Airlines: Featured in "America's Best Lawyers," an in-flight radio story