U.S. Patent and Trademark Office
Eric Caligiuri advises domestic and international clients through complex intellectual property disputes. Mr. Caligiuri’s practice focuses on patent and trade secret litigation in federal district courts, California state courts, and before the International Trade Commission (ITC). He has experience representing companies in a wide range of fields, including semiconductor products and processes, mobile device components and applications, networking, and systems-on-a-chip (SoC’s). Mr. Caligiuri also has experience handling employment and commercial litigation matters. Mr. Caligiuri is admitted to practice before the U.S. Patent and Trademark Office, and has experience with patent and trademark prosecution. Prior to attending law school, Mr. Caligiuri worked as an engineer.
Note: confidential matters advising clients on pre-litigation IP issues, third-party subpoenas, licensing agreements, and patent prosecution issues cannot be listed, but the following list shows representative litigation matters.
Litigation associate at large national and international law firms
Publications and Speeches
“The EEOC’s Final Regulations Under the ADAAA: How These Changes Will Affect Internal Policies and Procedures of Municipalities and Other
Employers,” Municipal Lawyer Magazine (November/December 2011), Author
J.D., cum laude, University of San Diego Law School, 2008
Order of the Coif
M.Sc., honors with distinction, California State University, Northridge, Materials Engineering, 2005
B.S., University of California, San Diego, Mechanical Engineering, 2002
Attorney Fees for Successful Defense of IPR May Not Be Recovered as Damages under 35 U.S.C. § 284The Federal Circuit Clarifies Rules For Importation of Limitations From the Specification During Claim ConstructionDistrict Court Rules Certain Prior Art References Are Precluded Under IPR EstoppelCourt Finds No Personal Jurisdiction Over Foreign Defendant Based On U.S. Subsidiary Under Stream of Commerce and Agency TheoriesDistrict Court Grants Motion For More Definitive Statement Because Patent Infringement Claim Involved Complicated TechnologyCourt Finds Prior Finding of No Literal Infringement Bars Later Claim for Infringement Under the Doctrine of EquivalentsFederal Circuit Affirms Tribal Immunity Does Not Apply in Inter Partes Review Proceedings Before the USPTOSAS Institute, Inc. v. Iancu Has Affected Cases in Federal Courts in Addition to Those at the PTABU.S. Supreme Court Rules America Invents Acts Reviews by the Patent Trial and Appeal Board arm of the Patent and Trademark Office are ConstitutionalU.S. District Court for the Eastern District of Texas Finds Defendants Have Not Committed Acts of Infringement Sufficient to Establish VenueU.S. District Court for the Central District of California Makes Rare FRAND Royalty Rate DeterminationFederal Circuit Clarifies Waiver of Venue Issue in Light of TC Heartland, but Issues Still Remain For District Courts to AddressAllegan’s Restasis Patents Invalidated by a Federal District Court Even After Transfer to Native American Tribe and Sovereign Immunity Claim.Court Denies Plaintiff’s Motion to Disqualify its Former Counsel as Counsel for Defendant in a Patent Litigation Action After Plaintiff Delayed Filing its Disqualification Motion for Over A Year After Discovering the Conflict.Repeated Discovery Failures and Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees and Permanent Injunction Against Defendant In Patent Litigation Case.U.S. Supreme Court Allows Early Notice For BiosimilarsFederal Circuit Holds Non-Public Sales Can Still Satisfy the On-Sale Bar for Patents under the AIAU.S. Supreme Court Limits Laches Defense in Patent CasesNorthern District of California Revises Local Patent RulesLaw Firm Survives Disqualification Motion in Florida Patent Infringement LawsuitFederal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice CasesWeintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog ReaderFederal Circuit Rules the Patent Trial and Appeal Board Can Consider New Evidence During AIA Review TrialFederal Circuit Holds the PTAB Must Apply Narrower Phillips Claim Construction Standard to Patents that Expire During Pendency of Re-examEn Banc Federal Circuit Rules A Product Must be the Subject of a Commercial Sale or Offer for Sale to Trigger On-Sale BarGoogle’s Fair Use Defense Thwarts Oracle’s Attempt to Recover $9 Billion in Copyright CaseCourt Orders Plaintiff to Pay Defendants’ $8 Million in Attorney’s Fees in Patent RowApple Argues It Should Not Be Compelled to Write Software for the F.B.I.
San Diego Super Lawyers, Intellectual Property Litigation “Rising Star”, 2015 to 2019