Stan Panikowski

Representative Appellate Litigation Matters

• International Rectifier Corp. v. Samsung Electronics Co., Ltd., 361 F.3d 1155 (Fed. Cir. 2004) – Obtained full reversal of contempt order against client for allegedly violating injunction against patent infringement
• Freeman v. Lasky, Haas & Cohler, 410 F.3d 1180 (9th Cir. 2005) – Obtained full affirmance of order dismissing antitrust claims against clients with prejudice
• e-Pass Technologies v. Hewlett-Packard Company, et al. (Fed. Cir. 2007) – Obtained full affirmance of summary judgment of noninfringement on behalf of manufacturer of handheld computer devices
• Grosset v. Wenaas (Cal. Supreme Ct. 2008) – Obtained unanimous affirmance of California Court of Appeal decision imposing continuous stock ownership requirement on plaintiffs in shareholder derivative suits
• Schutte & Koerting v. Swett & Crawford (9th Cir. 2008) – Obtained affirmance of district court decision granting summary judgment in favor of clients on statute of limitations defense in broker negligence action
• Bodum USA, Inc. v. La Cafetiere, Inc., 621 F.3d 624 (7th Cir. 2010) – Obtained affirmance of district court decision granting summary judgment in favor of clients in trade dress infringement action
• Ergo Licensing, LLC v. CareFusion 303, Inc., 673 F.3d 1361 (Fed. Cir. 2012) – Obtained affirmance of district court decision granting summary judgment of patent invalidity in favor of client
• Prism Technologies, LLC v. McAfee, Inc., et al. (Fed. Cir. 2013) – Obtained affirmance of district court decision granting summary judgment of noninfringement in favor of client Trend Micro and other defendants
• FG Hemisphere Associates, LLC v. Unocal Corporation, et al. (9th Cir. 2014) – Obtained reversal of district court decision concerning sovereign immunity of client Democratic Republic of Congo
• Sanofi-Aventis Deutschland GmBH, et al. v. Glenmark Pharms. Inc., 748 F.3d 1354 (Fed. Cir. 2014) - Obtained affirmance of non-obviousness verdict and damages award on behalf of client Abbott.
• United Therapeutics v. SteadyMed, Ltd. (Fed. Cir. 2017) - Obtained affirmance of Patent Trial and Appeal Board decision invalidating all claims of patent for treatment of Pulmonary Arterial Hypertension
• Technology Properties Limited v. Huawei, et al., (Fed. Cir. 2018) - Obtained affirmance of summary judgment of non-infringement in computer technology case on behalf of client Samsung and joint defendants.
• Sophos Ltd. v. Iancu (Fed. Cir. 2018) - Obtained reversal of Patent Trial and Appeal Board decision that had invalidated claims of client’s anti-malware patent.
• Xitronix v. KLA Corporation (Fed. Cir. 2019) – Obtained affirmance of summary judgment in patent-related antitrust case and defeated two petitions for certiorari.
• Green Mountain Glass v. St. Gobain (Fed. Cir. 2019) – Represented glass bottle manufacturer in appeal and cross-appeal in patent infringement case.
• Lawrence v. Medtronic (9th Cir. 2020) - Obtained affirmance of ruling dismissing claims in medical device case based on federal preemption.
• Personal Beasties Group v. NIKE, Inc. (Fed. Cir. 2020) - Obtained affirmance of dismissal of patent infringement complaint based on patent-ineligible subject matter.
• Dr. Seuss Enterprises v. ComicMix, 983 F.3d 443 (9th Cir. 2020) – Obtained reversal of summary judgment of copyright fair use
• Arbmetrics v. Dexcom (Fed. Cir. 2020) – Obtained affirmance of summary judgment of no patent infringement
• Fouad v. State of Qatar (9th Cir. 2021) – Obtained affirmance of forum non conveniens dismissal and denial of motion to compel arbitration

Other Representative Matters

• Represented or representing clients in appeals involving patent, trademark, copyright, class action, False Claims Act, labor law, bankruptcy, and other issues
• Has had significant roles in over 100 appeals, including over 50 Federal Circuit appeals
• Obtained orders authorizing seizures of counterfeit and unauthorized merchandise on behalf of the NFL and NFL Properties LLC in connection with SuperBowl XXXVII in San Diego
• Represents a diverse roster of major companies in trial-level patent litigation in technology and life sciences in federal district courts and the International Trade Commission
• Represented veterans organizations pro bono as amici in proceedings before Federal Circuit and United States Supreme Court, including successful amicus brief in Federal Circuit’s landmark Procopio v. Wilkie en banc decision
• Represents clients regularly at certiorari stage in United States Supreme Court

• Past Lawyer Representative to the Ninth Circuit Judicial Conference, Southern District of California
• Legal Aid Society of San Diego, Member and Past President of Board of Directors
• Federal Bar Association, Advisory Board Member and Past President of the San Diego Chapter
• Merit Selection Panel for Appointment and Reappointment of Magistrate Judges, Southern District of California, Chair (2009)
• Local Rules Committee for Southern District of California (2009), Member
• San Diego County Bar Association Ethics Committee, Member (2009 - 2013)
• Louis M. Welsh American Inn of Court, Alumnus
• Promises2Kids Foundation, Board Member (2005 - 2011)
• Association of American Rhodes Scholars, Board Member (2004 - 2014)
•  Adjunct Professor of Law, University of San Diego School of Law, courses in patent litigation and constitutional law (2006-2007 and 2010-2011)