Overview

Anthony Fuga is a Chicago litigator and trial lawyer in Holland & Knight's Intellectual Property Group. He is experienced in all forms of IP litigation, including patent, trade secret, trademark, copyright, and Computer Fraud and Abuse Act (CFAA) cases. 

Some of his recent client successes are:

  • Appellate victories – arguing and prevailing in two patent appeals in which the U.S. Court of Appeals for the Federal Circuit affirmed trial court judgments in favor of his clients
  • Early dismissal of patent cases based on invalidity under Section 101 (Alice) – obtaining early dismissals of some cases brought against his clients on the basis that the patents were invalid as claiming patent-ineligible subject matter
  • Defeating a preliminary injunction motion – obtaining a favorable settlement for a client charged with infringement of trade dress and false advertising after defeating the plaintiff's motion for a preliminary injunction

Mr. Fuga's technical experience ranges from computer systems and software to mechanical and medical devices. His experience as a litigator and trial lawyer spans the entire life cycle of cases, from discovery to Markman hearings, from motion practice to trial and appeal.

Outside the IP space, Mr. Fuga has experience in commercial litigation, contested bankruptcy proceedings and construction disputes. He is active in the firm's pro bono practice, and was a member of a Chicago-based team that helped a Togolese refugee gain asylum in the United States based on persecution he faced in his home country because of his political activity.

Mr. Fuga is the editor of Holland & Knight's Section 101 Blog, which features case-law updates, news from the U.S. Patent and Trademark Office, and updates on potential amendments to Section 101 of the Patent Act.

Representative Experience

  • Representing plaintiff in patent infringement action involving method and apparatus for wirelessly communicating heart rate information, and for estimating a user's energy expenditure (Polar Electro Oy v. Suunto et al., D. UT)
  • On behalf of defendant, successfully invalidated patents directed to broadcasting media in conjunction with related information under Section 101 (Interactive Wearables v. Polar Electro Inc., E.D.N.Y.)
  • Represented and currently representing multiple clients in both extensive litigation and negotiating licenses against Helferich Patent Licensing, including dispositive motion practice, claim construction, and Federal Circuit appellate work
  • Represented and currently representing multiple clients in both litigation and negotiating licenses against Interface IP
  • Currently representing multiple clients with regard to Nokia's standard-essential patent licensing campaign seeking FRAND payments
  • Represented Meijer in a patent infringement suit involving parametric searching functionality on websites (Select Retrieval v. Meijer, N.D. Ill.)
  • Represented defendant in a patent infringement lawsuit involving shipment tracking technology (Eclipse IP LLC v. CSX Corporation, N.D. Ill.)
  • Representing plaintiff in patent infringement lawsuit involving housewares (Meyer Intellectual Properties Limited et al v. Bodum, Inc., N.D. Ill., Fed. Cir.)
  • Represented defendant in a patent infringement lawsuit involving QR code technology (Marshall Feature Recognition, LLC v. Wm. Wrigley Jr. Company, E.D. Tex.)
  • Represented defendant in a patent infringement lawsuit involving registered card technology (Rewards Network Inc. v. Thanks Again, LLC, N.D. Ill.)
  • Represented defendant in patent infringement lawsuit regarding ticket option technology (Smart Options, LLC v. Ticket2Final, Ltd. et al, W.D. Wis.)
  • Represented defendant in a patent infringement lawsuit involving registered card technology (Rewards Network Inc. v. Rainbow Rewards, S.D. Fla.)
  • Represented defendant in a patent infringement lawsuit involving registered card technology (Rewards Network Inc. v. Zavee, S.D. Fla.)
  • Representing patent owner in patent infringement lawsuit regarding overhead shelving (Eagle Industrial Group vs. Knape and Vogt Manufacturing Company, C.D. Cal.)
  • Representing defendant in patent infringement lawsuit regarding emergency notification system (911 Notify, LLC v. BSM Wireless Inc., D. Del.)
  • Represented defendant in a patent infringement lawsuit involving e-book reader (Innovative Automation, LLC v. Kobo, Inc., E.D. Tex.)
  • Represented the plaintiff in a case involving nonelectric milk frothers and obtained a full plaintiff's verdict, including a willfulness finding (Meyer Corp. v. Bodum, N.D. Ill.)
  • Represented multiple defendants in several patent infringement lawsuits alleging infringement of a patent covering shipping and destination software
  • Representing Meijer in a patent infringement case involving internet technology for suggesting related products to a shopper (SFA v. Meijer, Inc., E.D. Tex.)
  • Representing the defendant in a patent infringement lawsuit regarding digital license plate recognition technology (MVConnect v. Digital Recognition Network, N.D. Ill.)
  • Representing defendants in a patent infringement and trade secret case involving alternative fuel technologies (Fire 'Em Up v. Technocarb & Aurora Electronics, N.D. Ill.)
  • Representing defendant in lawsuit involving digital coupon system (Advanced Marketing Systems v. Hy-Vee, Inc., W.D. Wis.)
  • Represented CA in patent-infringement and trade-secret misappropriation suits against defendants; the case involved dynamic instrumentation and monitoring of compiled software byte code; the parties reached a mutual settlement prior to dispositive motions (CA, Inc. v. AppDynamics Inc., et al., E.D.N.Y.; N.D. Cal.)

  • Representing defendant in trademark infringement lawsuit (DM Luxury, LLC v. Celebrity Cruises, Inc., N.D. Ill.)
  • Represented Meyer entities defending against a trademark involving the color green on the inside of a cooking pan (Meyer v. Telebrands, E.D. Cal.)
  • Represented defendant in trademark infringement lawsuit (Craft Distillers, Inc. v. American Craft Distillers' Association, Inc., N.D. Cal.)
  • Representing plaintiff in a trademark and copyright infringement lawsuit (Cervezas Cuauhtémoc Moctezuma SA de CV v. KCI, Inc. et al., D. N.J.)
  • Represented plaintiff in a trademark infringement and dilution lawsuit (Caymus Vineyards v. Caymus Corporation et al., D. Az.)

  • Represented CA in patent infringement and trade secret misappropriation suits against the defendants; the case involved dynamic instrumentation and monitoring of compiled software byte code; the parties reached a mutual settlement prior to dispositive motions (CA, Inc. v. AppDynamics Inc., et al., E.D.N.Y.; N.D. Cal.)
  • Representing an international printing and packing client in a state court trade secret and conspiracy matter
  • Defending an energy solutions company in federal trade secret litigation

  • Defending a major international retailer from copyright infringement claims
  • Representing an airline client in a CFAA action based upon unlawful scraping of online content
  • Represented plaintiff in a trademark and copyright infringement lawsuit (Cervezas Cuauhtémoc Moctezuma SA de CV v. KCI, Inc. et al., D. N.J.)

Credentials

Education
  • University of Michigan Law School, J.D.
  • University of Michigan, B.A., Political Science
Bar Admissions/Licenses
  • Illinois
Court Admissions
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Western District of Wisconsin
  • U.S. Supreme Court
Memberships
  • Justinian Society of Lawyers
  • The Chicago Bar Association
  • Illinois State Bar Association
Honors & Awards
  • Holland & Knight Pro Bono All-Star, 2020
  • Rising Star, Illinois Super Lawyers magazine, 2015-2020
  • Emerging Lawyer, Leading Lawyers, 2015-2020

Publications

Speaking Engagements

News