Evan S. Day
Evan Day is an experienced patent litigator with a history of securing wins for clients in a variety of forums, including jury and bench trials.
Evan Day practices in the areas of patent litigation, U.S. International Trade Commission Section 337 investigations, post-grant procedures, including inter partes review (IPR) trials before the USPTO Patent Trial and Appeal Board (PTAB) and due diligence investigations. He has represented clients in litigation matters spanning a wide variety of technologies, including light-emitting diodes (LEDs), control systems, optics, displays, user interfaces, mapping services, navigation systems, audio applications, image processing, home audio/visual networking (including UPnP and DLNA), Internet of Things, touch-sensitive interfaces, digital graphics, electronic gaming systems, DNA testing, and virtual and augmented reality.
As part of Evan's extensive PTAB experience, he has litigated several IPR cases through oral hearing and final written decisions decided in favor of firm clients, and participated in drafting numerous petitions for IPR which resulted in institution decisions and favorable settlements.
A former judge advocate in the U.S. Marine Corps, Evan served primarily as a prosecutor while on active duty. He tried complex felony-level, court-martial cases, before both judges and juries, involving such offenses as rape, obstruction of justice, conspiracy, larceny, fraud and narcotics manufacturing and distribution. Evan continues to serve as an attorney in the Marine Corps Reserve with the rank of Major.
Areas of focus
Industries
Services
Education & Credentials
Education
- Georgetown University Law Center, J.D., 2007
- Harvard University, B.A., Biology, cum laude, 2003
Bar and Court Admissions
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California
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U.S. Patent and Trademark Office
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Federal Circuit
Related Employment
- U.S. Marine Corps, Judge Advocate, 2008-2011
- Henry M. Jackson Foundation for the Advancement of Military Medicine, Rockville, MD, Intellectual Property Paralegal, 2007-2008
- Hamilton, Brook, Smith and Reynolds, P.C., Concord, MA, Summer Associate, 2006
Professional Recognition
Listed as a "Top Forty Under Forty" by Daily Transcript, 2020
Awarded American Bar Association "Award for Professional Merit" for graduating first in class at the Naval Justice School in Newport, RI, 2009
Insights
News
Professional Experience
ITC Section 337 Actions
In the Matter of Certain Portable Battery Jump Starters and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1256
Counsel for Respondents Shenzhen Carku Technology Co., Ltd. and several customers in a two-patent case before ALJ Shaw concerning portable vehicle battery jump-starters. After one asserted patent was found invalid by the Patent Trial and Appeal Board in an inter partes review, an evidentiary hearing was held on the remaining patent, ALJ Shaw issued an Initial Determination finding no violation of Section 337.
In the Matter of Certain Movable Barrier Operator Systems and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1118
Counsel for Respondents Nortek Security & Control LLC f/k/a Linear, LLC, Nortek, Inc., and GTO Access Systems, LLC in a three-patent case before ALJ McNamara concerning garage door and gate openers; ALJ McNamara issued initial determination finding no violation of Section 337 by Nortek on any asserted patent.
In The Matter of Certain Touchscreen Controllers and Products Containing the Same, U.S. International Trade Commission Investigation No. 337-TA-957
Served as counsel for the respondents Shenzhen Huiding Technology Co., Ltd. (d.b.a. Goodix) and Goodix Technology Inc. in a four-patent investigation before ALJ Essex (later transferred to ALJ McNamara) concerning touchscreen controllers used in smartphones; settled after the hearing. At the time of the hearing, the Office of Unfair Import Investigations recommended a finding of no violation. Participated in filing of nine IPR petitions during the pendency of the investigation challenging the asserted patents, five of which were instituted and four pending at the time of settlement.
In the Matter of Certain Consumer Electronics and Display Devices and Products Containing Same, U.S. International Trade Commission Investigation No. 337-TA-836
U.S. International Trade Commission
Served as counsel for respondents HTC Corporation and HTC America Inc. in a four-patent investigation before ALJ Essex concerning CPU architecture, floating point rasterization and framebuffering, and large area wide aspect ratio flat panel technologies; settled favorably prior to the hearing.
U.S. District Court Patent Litigation
Jiaxing Super Lighting Electric Appliance Co., Ltd. et al v. CH Lighting Technology Co. Ltd. et al
U.S. District Court for the Western District of Texas
Counsel for Plaintiffs Super Lighting and Obert, Inc. in a three-patent case between competing manufacturers of light-emitting diode (LED) tube lamps. Secured a complete win in a jury trial before Judge Albright, including findings of infringement and invalidity, $14 million in damages, and willful infringement.
The Chamberlain Group, Inc. v. Nortek Security & Control LLC
U.S. District Court for the Southern District of California
Counsel for Nortek Security & Control LLC f/k/a Linear, LLC in a three-patent case before Judge Janis L. Sammartino and Magistrate Judge Andrew G. Schopler concerning garage door and gate openers; stayed.
Electronic Scripting Products, Inc. v. HTC America, Inc.
U.S. District Court for the Northern District of California
Patent Trial and Appeal Board (PTAB)
Acted as counsel for HTC in a two-patent case before Judge Seeborg and two inter partes reviews relating to virtual reality headsets and controllers; PTAB issued final written decision canceling all claims of one asserted patent; Judge Seeborg granted summary judgment of no infringement of the remaining patent.
Bradium Technologies, LLC v. Microsoft Corp.
U.S. District Court for the District of Delaware
Patent Trial and Appeal Board (PTAB)
Represented Microsoft in a four-patent case before Judge Andrews concerning online mapping technology; filed petitions for inter partes review resulting in cancellation of all claims of two asserted patents with a third inter partes review instituted. The case was stayed pending inter partes reviews and settled while stayed.
E-Watch, Inc. and E-Watch Corporation v. HTC Corporation and HTC America, Inc.
U.S. District Court for the Eastern District of Texas
Patent Trial and Appeal Board (PTAB)
Represented HTC in a two-patent case before Judge Gilstrap concerning capture and transmission of digital images; filed two inter partes review petitions against the asserted patents, and two inter partes review trials were instituted; stayed during the pendency of the inter partes review trials; the parties jointly moved for entry of a stipulated order of dismissal of all claims with prejudice; the order was granted, terminating the litigation.
Vehicle IP LLC v. AT&T Mobility LLC
U.S. District Court for the District of Delaware
Court of Appeals for the Federal Circuit
Counsel for defendants Cellco Partnership (doing business as Verizon Wireless Inc.), TeleCommunication Systems, Inc. and Networks In Motion, Inc. in a one-patent case before Judge Stark concerning systems for determining estimated times of arrival of vehicles; stipulated entry of final judgment of noninfringement after favorable claim construction order shortly before trial; affirmed on appeal.
Nonend Inventions, N.V. v. Amazon, Inc. and Amazon.Com LLC
U.S. District Court for the Eastern District of Texas
Represented Amazon, Inc. and Amazon.com LLC in a one-patent case before Judge Gilstrap concerning streaming media content and media playback; dismissed as a result of settlement.
Nonend Inventions, N.V. v. Fujitsu America, Inc. and Fujitsu Limited
U.S. District Court for the Eastern District of Texas
Counseled Fujitsu America, Inc. and Fujitsu Limited in a three-patent case before Judge Gilstrap concerning streaming media content and media playback; dismissed as a result of settlement.
Nonend Inventions, N.V. v. Hewlett-Packard Company
U.S. District Court for the Eastern District of Texas
Acted as counsel Hewlett-Packard Company in a three-patent case before Judge Gilstrap concerning streaming media content and media playback; dismissed as a result of settlement.
Nonend Inventions, N.V. v. HTC America, Inc.
U.S. District Court for the Eastern District of Texas
Counseled HTC America, Inc. in a one-patent case before Judge Gilstrap concerning streaming media content and media playback and related petition for inter partes review; dismissed as a result of settlement.
Nonend Inventions, N.V. v. Microsoft Corporation
U.S. District Court for the Eastern District of Texas
Counseled Panasonic Corporation and Panasonic Corporation of North America in a three-patent case before Judge Gilstrap concerning streaming media content and media playback; dismissed as a result of settlement.
Nonend Inventions, N.V. v. Panasonic Corp. and Panasonic Corp. of North America
U.S. District Court for the Eastern District of Texas
Counseled Panasonic Corporation and Panasonic Corporation of North America in a three-patent case before Judge Gilstrap concerning streaming media content and media playback; dismissed as a result of settlement.
Microsoft Corp. et al v. GeoTag, Inc.
U.S. District Court for the District of Delaware
Counseled Microsoft in a one-patent case before Judge Andrews concerning geographic search engines; plaintiff voluntarily dismissed numerous actions filed against Microsoft customers using Microsoft mapping services and counterclaims against Microsoft.
Graphic Properties Holding v. ASUSTeK Computer Inc. and ASUS Computer International et al.
U.S. District Court for the District of Delaware
Represented ASUS in a three-patent case before Judge Stark concerning graphics processing and LCD screens; settled.
Smart Audio v. HTC Corporation and HTC America Inc.
U.S. District Court for the District of Delaware
Counseled HTC in a one-patent case before Judge Sleet concerning vehicle audio systems; settled.
SimpleAir, Inc., v. Microsoft Corporation, et al.
U.S. District Court for the Eastern District of Texas
Served as counsel for HTC in a two-patent case before Judge Schneider and Judge Gilstrap related to remote notification technology for mobile devices; plaintiff voluntarily dismissed claims against HTC.
Largan Precision, Company Ltd. v. Fujinon Corporation
U.S. District Court for the Northern District of California
Represented Largan in patent litigation concerning optical lens structures; dismissed.
Personal Audio, LLC v. HTC Corporation and HTC America Inc., et al.
U.S. District Court for the Eastern District of Texas
Counseled HTC in a two-patent case before Judge Clark concerning audio playlist functionality; settled favorably after Markman hearing.
Datascape, Inc. v. Kyocera Wireless Corp.
U.S. District Court for the Northern District of Georgia
Represented Kyocera in a six-patent case before Judge Cooper relating to data transaction systems which communicate over a network with a plurality of non-standard I/O remote terminals. Datascape accused Kyocera cellular handsets and smartphones of infringement. Settled favorably before trial.
Development Innovation Group, Inc. v. Sony Ericsson, et al.
U.S. District Court for the Southern District of California
Counseled Sony Ericsson in a three-patent case concerning mobile device synchronization, power conservation and voice command; settled on favorable terms to Sony Ericsson.
FlashPoint Technologies, LLC v. HTC Corporation and HTC America, Inc.
U.S. District Court for the District of Delaware
U.S. District Court for the Eastern District of North Carolina
Acted as counsel for HTC in a six-patent case before Judge Sleet concerning camera, file system, and graphics processing functionality in smartphones; obtained a transfer of the case from the Eastern District of North Carolina to the District of Delaware; settled.
FlashPoint Technology Inc. v. Aiptek Inc., et al.
U.S. District Court for the District of Delaware
Counseled HTC in a ten-patent case before Judge Sleet concerning camera user interface functionality in smartphones; settled.
e.Digital, Inc. v. Transcend Information Inc.
U.S. District Court for the Southern District of California
Represented Transcend in a one-patent case before Judge Huff concerning flash memory devices; settled.
e.Digital, Inc. v. Accelerated Memory Production, Inc.
U.S. District Court for the Southern District of California
Served as counsel for AMP in a one-patent case before Judge Huff concerning flash memory devices; settled.
Advanced Audio Devices, LLC v. HTC America, Inc.
U.S. District Court for the Northern District of Illinois
Patent Trial and Appeal Board (PTAB)
U.S. Court of Appeals for the Federal Circuit
Counseled HTC in a five-patent case before Judge Feinerman concerning audio playlist functionality; filed five inter partes review petitions against the asserted patents, resulting in final written decisions holding all challenged claims invalid which were affirmed by the Federal Circuit.
Treefrog Developments, Inc. D/B/A Lifeproof v. KlearKase, LLC and Seal Shield, LLC
U.S. District Court for the Southern District of California
Acted as local counsel for Lifeproof in a one-patent case before Judge Huff concerning waterproof cases for electronic devices; settled.
Treefrog Developments, Inc. D/B/A Lifeproof v. Seidio, Inc.
U.S. District Court for the Southern District of California
Served as local counsel for Lifeproof in a one-patent case before Judge Huff concerning waterproof cases for electronic devices; settled.
Life Technologies Corp., Applied Biosystems, LLC and Invitrogen IP Holdings, Inc. v. Promega Corp.
U.S. District Court for the Southern District of California
Acted as local counsel for Promega in a declaratory judgment action before Judge Houston concerning Short Tandem Repeat (STR) DNA testing; voluntarily dismissed.