Christopher Ilardi

Patent Litigation

• Certain Electronic Devices, Including Mobile Phones, Tablets, Laptops, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-1376: Represented Lenovo and Motorola Mobility at the ITC concerning patents related to cellular and Wi-Fi technology.
• Certain Wireless Communications Equipment and Components Thereof, Inv. No. 337-TA-1247: Represented Samsung in ITC involving multiple patents related to wireless communications technologies.
• Samsung Electronics Co Ltd v. Blaze Mobile Inc. (N.D. Cal.): Representing Samsung in declaratory judgment action in the Northern District of California and Patent Office involving eight patents related to payment transaction and advertising technologies for mobile devices.
• Red Hat, Inc. v. Valtrus Innovations, Ltd. (N.D. Cal.): Represented Red Hat in patent infringement action in which Valtrus asserted multiple patents alleged to cover Red Hat Enterprise Linux functionality. Faced with assertions from a challenging portfolio of patents, a strategy of filing a DJ action, leveraging unilateral jurisdictional discovery, and holding IPRs over Valtrus’ head played a vital role in reaching a successful settlement.
• Intellectual Ventures II v. JPMorgan Chase & Co., 13-cv-3777 (S.D.N.Y.); Intellectual Ventures II v. Citibank, N.A., 14-cv-4638 (S.D.N.Y.): Represented large banks in multi-patent infringement litigation involving online banking and security technology. The district court granted summary judgment of non-infringement on the sole remaining patent and the Federal Circuit affirmed.
• Epic IP LLC v. Sharp Electronics Corp. (S.D.N.Y.): Defended Sharp in a patent infringement litigation concerning web chat technology by moving to dismiss on the basis that Epic’s patent was directed to patent-ineligible subject matter. The patent was invalidated, and the case was dismissed.
• True Spec Golf v. Club Champion (S.D.N.Y): Represented Club Champion in patent litigation regarding mechanical-connection devices for custom golf club fittings. Defeated Plaintiff’s early motion for preliminary injunction in the district court, followed by successful inter partes review proceeding at the PTAB in which all asserted claims were found unpatentable.
• f’real Foods, LLC v. Fresh Blends North America, Inc. (D. Del., S.D. Fla.): Defended Welbilt in multipatent infringement action related to its innovative beverage platform and next-generation blend-in-cup technology. Part of trial team that successfully moved to intervene in a related Southern District of Florida action where f’real sued Welbilt’s business partner, Fresh Blends North America, for alleged infringement of the same patents; also successfully moved to stay the duplicative Delaware action. Following a Markman hearing in the Florida action, the case settled.
• Bristol Myers Squibb Company Sprycel Patent Litigation — Represented BMS through a series of 13 district court cases against generic manufacturers across three jurisdictions regarding BMS’s Sprycel® — a cancer drug used to treat patients with chronic myelogenous leukemia and Philadelphia chromosome positive acute lymphoblastic leukemia. Prevailing on all claim construction and dispositive motions filed by the generic competitors. All cases settled on favorable terms for BMS and enabled BMS to maintain exclusivity years beyond the expiration of the compound patent in 2020.
• Boehringer Ingelheim Pharmaceuticals Tradjenta and Jentadueto Litigation — Representing Boehringer Ingelheim in Hatch-Waxman litigation filed against Mylan and other generics related to BI’s Tradjenta® and Jentadueto® anti-diabetic tablets.
• MorphoSys AG v. Janssen Biotech Inc. (D. Del.): Represented MorphoSys in patent infringement action alleging infringement of patent covering antibody therapy.

Copyright

• Hayden v. 2K Games, Inc. (N.D. Ohio): Won jury trial for 2K Games and its parent company in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game. After only 90 minutes, the jury found that, when LeBron James was inked, he received a license to be depicted and authorize their depiction in media. Prior to the trial, won summary judgment dismissing four tattoos due to knowing inaccuracies in the plaintiff’s copyright registrations.
• Alexander v. Take-Two Interactive Software, Inc. (S.D. Ill.): Successfully defended Take-Two and other defendants in a lawsuit alleging that their WWE 2K video game infringed the plaintiff’s copyrights in tattoos she inked on wrestler Randy Orton. At trial, the plaintiff requested $27.3 million, but the jury awarded only $3,750 in actual damages and none of the defendants’ profits. In post-trial briefing, the court held that the actual damages were unduly speculative, denying the plaintiff any recovery.

Trade Secret

• Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.): Represented TriZetto in case in which they obtained $854 million trade secret and copyright jury verdict and obtained permanent injunction in a litigation concerning healthcare software and related software consulting services.
• Medidata Solutions, Inc., et al. v. Veeva Systems Inc. (S.D.N.Y.): Represented Medidata Solutions, Inc. in trade secret misappropriation lawsuit against Veeva Systems, Inc. related to Medidata’s Electronic Data Capture (EDC) and Clinical Trial Management System (CTMS) SaaS products.
• Silimed Industria de Implantes Ltda. v. Sientra, Inc. (S.D.N.Y.): Represented implant manufacturer Sientra in connection with alleged theft of trade secret.

Kirkland & Ellis LLP, Summer Associate, 2014

IBM Virtual Law Firm, Patent Agent, 2010–2012

Represented U.S. Army veteran who endured daily exposure to toxic “burn pits” and subsequently developed sleep disturbances and respiratory impairment. Secured appellate victory at U.S. Court of Appeals for Veterans Claims (CAVC), who set aside Board of Veterans’ Appeals decision and remanded for readjudication.

Obtained asylum for client who had suffered numerous instances of physical abuse. Obtained expedited merits hearing at which the Immigration Judge granted asylum claim.

Represented client on death row in Alabama. Filed Rule 32 Petition challenging conviction and argued defense of motion to dismiss at Alabama Court.