Robert A. Appleby, P.C.
Overview
Robert Appleby is a partner in the intellectual property litigation group. Robert's practice focuses on intellectual property litigation, including litigation involving patents, copyrights, trade secrets and related contract, unfair competition, and antitrust claims in state and federal courts. Robert primarily represents clients in matters involving the electrical arts, such as internet data networking, wireless telephony, audio and video compression, optical amplifiers, electroluminescent phosphors, internet browsers and software, and has considerable experience in jury trials concerning these technologies. In addition, Robert has experience in design patent matters, including representing a client in a jury trial in defense of a design patent infringement claim. Robert also focuses a significant portion of his practice on appellate litigation involving intellectual property issues.
Experience
Representative Matters
Represented Alcatel-Lucent in the successful trial defense of a patent-infringement claim brought by Wi-LAN in the Eastern District of Texas, in which the jury returned a complete defense verdict of noninfringement and invalidity.
Represented TIBCO Software as a defendant in a patent-infringement action in the Northern District of California, in which the court granted summary judgment of patent invalidity in TIBCO's favor.
Representing Intel in defense of an action in the Northern District of Georgia, in which the plaintiff alleges infringement of a patent related to microprocessor technology.
Representing a leading computer, mobile device and media player company in an infringement action in the District of Delaware involving patents related to smartphone technology.
Represented IBM against Vasudevan Software, Inc. in the Northern District of California in defense of a multipatent infringement action involving business intelligence and database software.
Represented IBM in defense of an action in the Eastern District of Texas involving a patent related to database software.
Represented Alcatel-Lucent as plaintiff in two infringement trials, one involving audio-compression patents in which the jury returned a $1.53 billion verdict and another involving user-interface patents in which the jury returned a $357 million verdict.
Represented Corning Gilbert in successful defense of a design patent infringement trial.
Represented several cellular service providers in defense of an infringement action involving cellular-networking technology in which the jury returned a verdict of noninfringement and patent invalidity. The jury's verdicts of noninfringement and patent invalidity was selected as "Defense Verdict of the Week" by The National Law Journal.
Represented appellant Osram Sylvania in an appeal from a multimillion dollar jury verdict in which the appeals court vacated the jury verdict, reversed the district court's judgment of patent infringement, and entered judgment of noninfringement in the appellant's favor.
Represented Lucent Technologies as plaintiff in an infringement trial in which the jury returned a verdict finding five data networking patents willfully infringed.
Represented appellee in which the appeals court affirmed a multimillion dollar jury award for breach of a non-disclosure agreement.
Prior Experience
Pennie & Edmonds LLP, Associate, 1994–1998
More
Recognition
Recognized for Patent Litigation: Full Coverage in The Legal 500 United States, 2020–2022 & 2024
Recommended in Litigation in IAM Patent 1000, 2014–2018
Credentials
Admissions & Qualifications
- 1995New York
- United States Patent and Trademark Office
Courts
- United States District Court for the Southern District of New York1996
- United States District Court for the Eastern District of New York1996
- United States District Court for the Eastern District of Wisconsin2009
- United States Court of Appeals for the Federal Circuit1995
Education
- Georgetown University Law CenterJ.D.magna cum laude1994
- University of RochesterM.S., Electrical Engineering1991
- Rochester Institute of TechnologyB.S., Computer Engineeringwith High Honors1988
News &
Insights
- In the News Litigator of the Week Runners Up and Shout Outs
- In the News Litigation Department of the Year: Intellectual Property
- In the News Litigation Department of the Year: Intellectual Property
- In the News Defendants Extend East Texas Hot Streak with Wi-Lan Verdict
- Award Top 100 Verdicts of 2008