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DLA Piper LLP (US)

401 B STREET, SUITE 1700, SAN DIEGO, CA 92101-4297, USA
Tel:
Work +1 619 699 2700
Fax:
Fax +1 619 699 2701
Web:
www.dlapiper.com

Sean Cunningham

Tel:
Work +1 619 699 2900
Email:
Web:
www.dlapiper.com/en/us/people/c/cunningham-sean-c/
DLA Piper LLP (US)

Work Department

Patent Litigation; Intellectual Property and Technology; Litigation, Arbitration and Investigations

Position

Partner

Career

Sean Cunningham is a patent trial lawyer who focuses on patent disputes in a wide array of technology fields. He has nearly two decades of experience handling patent cases through trial in district courts and in the International Trade Commission (ITC).

Sean’s patent trial experience includes more than a dozen trials in the ITC, Delaware, New York, California, Texas, Virginia and Arizona. His most recent jury trial resulted in complete victory for his client, with the jury finding the two patents asserted against his client both not infringed and invalid. Sean’s experience also includes the jury trial of the Cornell v. Hewlett-Packard case before Federal Circuit Court of Appeals Chief Judge Randall Rader sitting by designation, which resulted in a landmark post-trial ruling on patent damages in favor of his client.

Education

J.D., University of Kansas School of Law; B.A., University of Kansas


United States: Intellectual property

Patents: litigation (International Trade Commission)

Within: Patents: litigation (International Trade Commission)

The 'amazing group of litigators' at DLA Piper LLP (US) are 'responsive, prepared, easy to work with and down-to-earth' and impress with 'an excellent work product and top-notch service and communication'. Sean Cunningham, who 'deserves exceptional mention for his commitment to the client', defended ResMed against a patent infringement complaint filed by Fisher & Paykel regarding five patents for sleep apnea masks, the second of two investigations filed against ResMed by Fisher & Paykel. Techtronic Industries and Home Depot instructed the team to defend against a complaint filed by Walbro, which involved infringement allegations regarding five patents for outdoor equipment and power tools. Practice head Mark Fowler, who 'always provides the right strategic advice', and Chicago duo Paul Steadman and Matthew Satchwell are also noted.

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Patents: litigation (full coverage)

Within: Patents: litigation (full coverage)

DLA Piper LLP (US)'s patent litigation team is 'an amazing group of exceptionally talented and hardworking lawyers.' The 'great, dedicated and responsive' team has experience across the gamut of patent litigation, including matters in the district courts and the Federal Circuit, the PTAB and the ITC. Following the merger with Liner LLP on the West Coast in autumn 2017, the practice further bolstered its life sciences offering on the East Coast with the arrival of Michael Dougherty and Tony Pezzano in New York, both of whom joined from Hogan Lovells US LLP. Technology-related instructions remain a core focus for the group, with a major recent highlight including practice head Mark Fowler successfully defending Toshiba against Intellectual Ventures, averting infringement claims for ten patents covering semiconductor memory chips and consumer electronics. Clients also include Samsung Electronics, Nike and BASF. Other names to note are 'outstanding strategist' John Guaragna in Austin, the 'awesome' Steven Park in Atlanta, San Diego quartet Sean Cunningham, Erin Gibson, Richard Mulloy and Stan Panikowski, Stuart Pollack in New York, Carrie Williamson in Silicon Valley, Boston's Larissa Bifano and Michael Strapp, and Paul Steadman and Matthew Satchwell in Chicago. Clayton Thompson and Jake Zolotorev joined in Silicon Valley from Feinberg Day LLP and Tamany Vinson Bentz joined the Los Angeles office from Venable LLP. Additionally, Eric Hagen arrived from McDermott Will & Emery LLP. Patrick Park, also in Los Angeles, was promoted to of counsel, while former of counsel Vincent Crowley joined TiVo and John Garvey joined Noria Therapeutics. Lawrence McClure and Gerald Sekimura retired. Todd Paterson also left the firm.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

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