Professionals

Eimeric Reig-Plessis

Partner

Chair, San Francisco Litigation Practice

Overview
Experience
Credentials
Insights & News

Eimeric is a strategic and versatile patent litigator with wide-ranging experience across multiple industries, including computer technologies, consumer products, and pharmaceuticals. He regularly represents clients in federal district courts across the country and in appeals before the Federal Circuit.

Key Matters

Eimeric’s representative experience includes the following:

Orally argued and briefed Federal Circuit appeal and underlying § 101 motion—invalidating content-ranking patents on the pleadings that two other defendants represented by separate firms were unable to defeat on § 101 grounds.
Orally argued and briefed Federal Circuit appeal and underlying § 101 motion—invalidating patent relating to cross-protocol multimedia communication on the pleadings that had survived IPR challenge brought by a prior firm.
Second-chaired a seven-day trial and examined two key experts in a Hatch-Waxman case involving a drug with annual sales of approximately $1 billion—obtained invalidation of all six patents as obvious and affirmance on appeal.
In a plaintiff-side case for a consumer products patentee, (1) obtained summary judgment of infringement and validity for our client’s patent on an innovative manufacturing process; (2) orally argued Markman hearing and won on all disputed terms, defeating indefiniteness defenses and noninfringement constructions; and (3) briefed successful preliminary responses to IPR petitions, securing denials of institution on the merits for all asserted patents.
Orally argued and briefed cross-motions on § 101 in a competitor case with patent infringement counterclaims relating to computer network security systems—obtained ineligibility rulings against our opponent’s patent claims on summary judgment while successfully defending all of our client’s patents.
Orally argued and briefed appeal before the Seventh Circuit in a pro bono action for denial of medical care under the Eighth Amendment—obtained reversal of summary judgment on a novel issue of administrative exhaustion.
Briefed § 101 motion to dismiss and obtained summary invalidation on the papers of six asserted patents on wireless audio devices that were previously asserted in a multi-million-dollar action against another defendant.
Briefed successful IPR patent challenges on behalf of five generic drug makers before the PTAB and Federal Circuit—obtained cancelation of all claims (more than 50) as obvious and summary affirmance on appeal.
Briefed first-ever antitrust challenge to a “sham” FDA citizen petition before the Federal Circuit in a counterclaim to Hatch-Waxman litigation—obtained reversal of adverse judgment on appeal and denial of summary judgment on remand.

Recent Experience

Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom

Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings

Federal Circuit Backs PayPal

Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case

Capabilities

Litigation/Trials

Intellectual Property

Patent Litigation

Appellate & Critical Motions

Public Companies

Medical Devices

Technology, Media & Telecommunications

Key Matters

Eimeric’s representative experience includes the following:

Orally argued and briefed Federal Circuit appeal and underlying § 101 motion—invalidating content-ranking patents on the pleadings that two other defendants represented by separate firms were unable to defeat on § 101 grounds.
Orally argued and briefed Federal Circuit appeal and underlying § 101 motion—invalidating patent relating to cross-protocol multimedia communication on the pleadings that had survived IPR challenge brought by a prior firm.
Second-chaired a seven-day trial and examined two key experts in a Hatch-Waxman case involving a drug with annual sales of approximately $1 billion—obtained invalidation of all six patents as obvious and affirmance on appeal.
In a plaintiff-side case for a consumer products patentee, (1) obtained summary judgment of infringement and validity for our client’s patent on an innovative manufacturing process; (2) orally argued Markman hearing and won on all disputed terms, defeating indefiniteness defenses and noninfringement constructions; and (3) briefed successful preliminary responses to IPR petitions, securing denials of institution on the merits for all asserted patents.
Orally argued and briefed cross-motions on § 101 in a competitor case with patent infringement counterclaims relating to computer network security systems—obtained ineligibility rulings against our opponent’s patent claims on summary judgment while successfully defending all of our client’s patents.
Orally argued and briefed appeal before the Seventh Circuit in a pro bono action for denial of medical care under the Eighth Amendment—obtained reversal of summary judgment on a novel issue of administrative exhaustion.
Briefed § 101 motion to dismiss and obtained summary invalidation on the papers of six asserted patents on wireless audio devices that were previously asserted in a multi-million-dollar action against another defendant.
Briefed successful IPR patent challenges on behalf of five generic drug makers before the PTAB and Federal Circuit—obtained cancelation of all claims (more than 50) as obvious and summary affirmance on appeal.
Briefed first-ever antitrust challenge to a “sham” FDA citizen petition before the Federal Circuit in a counterclaim to Hatch-Waxman litigation—obtained reversal of adverse judgment on appeal and denial of summary judgment on remand.