Biografía

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 three 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 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 and wearable technology. 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.

Experiencia Representativa

  • Represented 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.)
  • Represented 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.)

  • 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)
  • Represented defendant and successfully invalidated patents directed to broadcasting media in conjunction with related information under Section 101; the U.S. Court of Appeals for the Federal Circuit affirmed this decision (Interactive Wearables v. Polar Electro Inc., E.D.N.Y.)
  • Successfully invalidated patent directed to mobile location mapping under Section 101 (Jewel Pathway LLC v. Polar Electro Inc., S.D.N.Y.)
  • Successfully invalidated patents directed to the idea of providing and using feedback based upon data gathered from subjects under Section 101; the Federal Circuit affirmed this decision (Icon Health & Fitness, Inc. v. Polar Electro Oy)
  • Represented 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
  • Representing 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.)
  • Represented 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.)
  • Represented patent owner in patent infringement lawsuit regarding overhead shelving (Eagle Industrial Group vs. Knape and Vogt Manufacturing Company, C.D. Cal.)
  • Represented 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
  • Represented Meijer in a patent infringement case involving internet technology for suggesting related products to a shopper (SFA v. Meijer, Inc., E.D. Tex.)
  • Represented the defendant in a patent infringement lawsuit regarding digital license plate recognition technology (MVConnect v. Digital Recognition Network, N.D. Ill.)
  • Represented defendants in a patent infringement and trade secret case involving alternative fuel technologies (Fire 'Em Up v. Technocarb & Aurora Electronics, N.D. Ill.)
  • Represented 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., D.N.Y.; N.D. Cal.)

  • Defended major international retailers from copyright infringement claims
  • Represented and currently representing an international airline client in multiple Computer Fraud and Abuse Act (CFAA) actions 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.)

  • 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.)
  • Represented 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

Credenciales

Educación
  • University of Michigan Law School, J.D.
  • University of Michigan, B.A., Political Science
Admisiones
  • Illinois
Admisiones Judiciales
  • 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
Membresías
  • Justinian Society of Lawyers
  • The Chicago Bar Association
  • Illinois State Bar Association
Honores y Reconocimientos
  • Holland & Knight Pro Bono All-Star, 2020, 2021
  • Rising Star, Illinois Super Lawyers magazine, 2015-2020
  • Emerging Lawyer, Leading Lawyers, 2015-2022

Publicaciones

Conferencias Dictadas

Noticias