EDWARD G. POPLAWSKI

Partner
 
IP Litigation

EXPERIENCE:

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 Policy 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, 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.

EDUCATION:
  • J.D., Villanova University School of Law, 1983
  • M.S., Mechanical Engineering, Drexel University, 1980
  • B.S., Mechanical Engineering, Drexel University, 1980
ASSOCIATIONS AND MEMBERSHIPS:
  • Distinguished Fellow, American Intellectual Property Law Association, 2000-present
  • Member, Board of Directors, American Intellectual Property Law Association, 1996-1999
  • President, Los Angeles Intellectual Property Law Association, 1997-1998
HONORS:
  • Named in the 2009-2014 editions of Chambers USA: America's Leading Lawyers for Business as a leader in the field of Intellectual Property Law
  • Selected for inclusion in the 2015 edition of Best Lawyers of America in the areas of Intellectual Property Litigation, Patent Litigation, and Patent Law Litigation
  • Recognized in the 2011-2014 editions of Best Lawyers in America in the area of Intellectual Property Law
  • Named in the 2012-2014 editions of IAM Patent 1000 – The World's Leading Patent Practitioners, recognized for Patent Litigation
  • Selected for inclusion in the 2006-2014 editions of Southern California Super Lawyers in the area of Intellectual Property Litigation
  • Recognized in the 2010 and 2011 editions of Legal 500 US in the Intellectual Property: Patent Litigation category
  • Honored with the 2009 "California Lawyer Attorneys of the Year" (CLAY) Award by California Lawyer for his patent trial and litigation work
  • Identified as one of the top ten intellectual property lawyers in The Los Angeles Business Journal's "Who's Who in Law" in 2009
  • Named as one of the top intellectual property lawyers in California by the Daily Journal in 2003, 2005, 2008, and 2009
  • Recognized among the top West Coast lawyers and as a leading patent lawyer in Euromoney's Guide to Leading U.S. West Coast Lawyers and Guide to the World's Leading Patent Law Experts in 1999 and 2004
  • Selected for inclusion in The International Who's Who of Internet and E-Commerce Lawyers in 1999 and 2004
SELECT PUBLICATIONS:
  • "Patent Litigation after Vornado," Patent Practice in the Aftermath of Festo & Vornado, Practising Law Institute, 2002
  • "Effective Preparation of Patent-Related Exculpatory Legal Opinions," AIPLA Quarterly Journal, Vol. 29, No. 3, Summer 2001
  • "Fundamentals of Intellectual Property Audits," Practising Law Institute, 2001
  • "Old and New Weapons to Combat Cybersquatters and Other Cyberopportunists," AIPLA Selected Legal Papers, 1998-2001
  • "The New United States Patent Law – A Primer," 2000
  • "A Primer – Emerging Trends in Liability for Trademark Infringement on the Internet," Multimedia and Technology Licensing Law Report, May 1999
  • "Selection and Use of Experts in Patent Cases," AIPLA Quarterly Journal, Vol. 27, No. 1, Winter 1999
  • Co-author with P.D. Tripodi, "The Impact of Over Ten Years of Federal Circuit Precedent on the 'On Sale' and 'Public Use' Bars to Patentability," 44(6) The American University Law Review 2351-91, 1995
  • "Obtaining and Defending Against Preliminary Injunctions and TROs in Trademark Cases," AIPLA Selected Legal Papers, Vol. X, 1992
SELECT SPEAKING ENGAGEMENTS:
  • Speaker, "Recent Trends in the Use of the Entire Market Value Rule to Assess Patent Damages," Law Seminars International Conference On Litigating Patent Damages, May 2014
  • Speaker, "Alternative Approaches to Assessing Patent Royalty Damages," California State Bar 38th Annual 2013 Intellectual Property Institute, Berkeley, CA, November 2013
  • Faculty, The Sedona Conference 14th Annual Patent Litigation Conference on Patent Litigation: Damages and Remedies Issues, Del Mar, CA, October 2013
  • Panelist, "Avoiding and Navigating Patent Disputes: A Roundtable Discussion," 2013 WSGR Medical Device Conference, San Francisco, CA, June 2013
  • Panel Presenter, "USPTO Post-Grant Patent Trials," Practising Law Institute, 2013
  • Chair, Practising Law Institute's Annual Program on Patent Litigation, 2001-present
  • Panelist, "Patent Damages Update," 24th Annual All-Hands Meeting, Silicon Valley Association of General Counsels, 2012
  • Panel presenter, "Patent Damages," Practising Law Institute's Annual Program on Patent Litigation, 2011 and 2012
  • "Contemporary Issues in Patent Infringement Royalty Damages: Economic Proof, Entire Market Value Rule and Apportionment," Practising Law Institute's Annual Program on Patent Litigation, 2010
  • "Contemporary Issues in Patent Infringement Damages: Entire Market Value Rule and Apportionment in the Context of Royalty Damages," American Intellectual Property Law Association, Spring Meeting, 2010
  • "Entire Market Value, Apportionment, Quanta and Use Damages," Practising Law Institute's Annual Program on Patent Litigation, 2009
  • "Some Practical Tips for Closing Argument in Patent Cases," Practising Law Institute's Annual Program on Patent Litigation, 2005, 2006, 2007, and 2008
  • "Litigating Willfulness after In Re Seagate," Sedona Conference on Patent Litigation, 2007
  • "Pre-Litigation Considerations in Patent Cases," American Bar Association's "Practical Tips on Enforcing and Defending Patents," 2005
  • "Some Practical Tips for Multi-Jurisdictional Patent Arbitration and Related Litigation," Tohoku University Legal Seminar, Japan, 2005
  • "Issues and Trends in Enforcement and Use of Patent and Other IP Pools by Universities and Other Non-Profit Institutions," Research Institute of Economy, Trade and Industry, Japan, 2005
  • "Trade Secret Protection and Recent Cases," Law Seminars International's "Trade Secret Litigation and Transactions," 2005
  • "Willfulness Substantively and Its Procedural Impact," Practising Law Institute's Annual Program on Patent Litigation, 2003
  • "Evolving Issues in Claim Construction," Practising Law Institute's "Preparing Patent Legal Opinions," 2003
ADMISSIONS:
  • Bar of the District of Columbia
  • State Bar of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent and Trademark Office
  • U.S. Supreme Court

Contact Information

633 West Fifth Street
15th Floor
Los Angeles, CA 90071
Phone | 323-210-2901
Fax | 866-974-7329

650 Page Mill Road
Palo Alto, CA 94304
Phone | 650-493-9300
Fax | 650-493-6811

Email | Edward Poplawskiepoplawski@wsgr.com

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