Overview

Anthony Fuga is a Chicago intellectual property litigator and represents clients – plaintiffs or defendants – in all forms of IP disputes. Mr. Fuga has represented clients in patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA) disputes.

Mr. Fuga's recent successes include: 

  • twice successfully arguing before the U.S. Court of Appeals for the Federal Circuit, obtaining affirmances for both clients 
  • successfully arguing a motion to dismiss a complaint of patent infringement because the patent was directed to patent-ineligible subject matter 
  • successfully negotiating the applicability of an indemnification provision 
  • winning a motion for judgment on the pleadings because the asserted patent was directed to patent-ineligible subject matter 
  • defeating a preliminary injunction after discovery in a trade dress and false advertising case

Mr. Fuga has experience with a wide range of technologies from computer systems and software to mechanical devices, and he is well-versed in all aspects of the litigation process, including depositions, dispositive motions, experts, trial proceedings and appeals.

In addition to IP litigation, Mr. Fuga also has experience representing clients in connection with breach of contract, commercial litigation, bankruptcy litigation and construction litigation.

He also has an active pro bono practice. Mr. Fuga was a member of the Chicago Pro Bono Team, which helped a Togolese refugee gain asylum in the United States.

Mr. Fuga serves as an editor and author for Holland & Knight's Section 101 Blog that features news and analysis concerning 35 U.S.C. § 101, including case law updates, news from the United States Patent and Trademark Office and potential legislative changes to Section 101.

 

Experience

  • 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
  • Rising Star, Illinois Super Lawyers magazine, 2015-2019
  • Emerging Lawyer, Leading Lawyers, 2015-2018

Publications

Speaking Engagements

News