Philip A. Morin, Ph.D.
Phil litigates complex patent disputes for innovative companies in technologies including semiconductor processing and device fabrication, wireless communication devices, media streaming, electronics, and gaming.
Philip Morin also has experience and is active in post-grant proceedings before the U.S. Patent Office, including inter partes reviews (IPR).
Before embarking on his over-20-year legal career, Phil earned a Ph.D. in electrical engineering at Princeton University, specializing in electronic materials and devices. He conducted original research on the thin film deposition of amorphous semiconductors for use in large-scale solar power generation. He was also a project manager with a semiconductor deposition equipment manufacturer, developing industrial-scale thin film transistor deposition techniques for active matrix liquid crystal display fabrication.
For seven years beginning in 1997, Phil provided analytical support in five Section 337 actions before the U.S. International Trade Commission (ITC) and infringement actions before several U.S. district courts. He conducted analyses involving technologies including semiconductors, internet browsers and graphics accelerators, satellite television and wireless communications devices.
Technical areas in which Phil has extensive experience and knowledge include: plasma-enhanced chemical vapor deposition (PECVD), chemical vapor deposition (CVD), and plasma etch for silicon-based and gallium nitride on silicon (GaN-on-Si) devices; photolithography; and user interfaces and applications for wireless communication devices.
Areas of focus
Industries
Services
Education & Credentials
Education
- University of New Mexico School of Law, J.D., cum laude (with Indian Law Certificate), Managing Editor, Tribal Law Journal, 2007
- Princeton University, Ph.D., Electrical Engineering, 1992
- Bowdoin College, B.A., Physics (with highest honors) and Classics, summa cum laude, 1987
Bar and Court Admissions
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California
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U.S. Patent and Trademark Office
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Related Employment
- Morrison & Foerster LLP, Associate, 2007-2011; Patent Agent, 2000-2004; Patent Litigation Legal Analyst/Assistant, 1997-1999
- Balzers Process Systems, S.A., Display Division, Palaiseau, France, Project Manager, 1994-1996
Additional Languages
- French
Professional Recognition
Listed in Super Lawyers Magazine as a "San Diego Rising Star,” 2015-2018
Impact
Professional Leadership
- American Bar Association, Member
- Federal Bar Association, Member
- San Diego County Bar Association, Member
News
Professional Experience
Patent Litigation
Nonend Inventions, N.V. v. Microsoft Corporation, et al.
U.S. District Court for the Eastern District of Texas
Represented Microsoft, HTC America, Amazon and Panasonic in patent case related to media streaming.
Largan Precision, Company Ltd. v. Samsung Electronics, et al.
U.S. District Court for the Southern District of California
Represented Largan Precision in a six patent case before Judge Sabraw concerning optical lenses in smartphones, tablets and other products; case terminated via settlement eight days before trial.
FlashPoint Technology Inc. v. HTC Corporation, HTC America Inc., et al.
U.S. District Court for the District of Delaware
Represented HTC in a nine patent case before Judge Sleet concerning camera user interface functionality in smart phones; obtained a stay of all nine patents after Judge Sleet lifted previous stay due to reexamination in light of FlashPoint’s filing of a complaint asserting four of the nine patents before the U.S. ITC; settled favorably before trial.
Smartflash LLC v. HTC Corporation and HTC America Inc.
U.S. District Court for the Eastern District of Texas
Representing HTC in patent litigation concerning content delivery and payment systems; pending.
Round Rock Research v. ASUSTeK Computer Inc. and ASUS Computer International
U.S. District Court for the Northern District of California
Represented ASUS in a nine patent case before Judge Wilken (NDCA) concerning DDR DRAM memory (data strobe, ODT and write leveling), SSD NAND flash memory, LCD, Bluetooth, USB 3.0, BIOS, CMOS image sensor components in ASUS PC-related products; settled favorably before trial.
ASUSTeK Computer Inc. and ASUS Computer International v. Round Rock Research
U.S. District Court for the Northern District of California
Represented ASUS in a six-patent case before Judge Alsup and Judge Tigar concerning flash memory, SDDRAM memory, and image sensor components in ASUS PC-related products; settled favorably before trial.
Starbucks Corp. v. NeoMedia Technologies, Inc.
U.S. District Court for the Western District of Washington
Represented Starbucks in patent litigation related to QR codes.
NFC Technology LLC v. HTC America, Inc., et al.
U.S. District Court for the Eastern District of Texas
Represented HTC America in patent litigation related to near field communications.
Overland Storage, Inc., v. Qualstar Corporation
U.S. District Court for the Southern District of California
Represented Qualstar in patent litigation related to media libraries.
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.
Atmel Corporation v. Macronix America Inc.*
U.S. District Court for the Northern District of California
Completed patent and technical analyses underlying successful motion for summary judgment of invalidity for nonjoinder of inventor under 35 U.S.C. 102(f). Settled favorably following summary judgment.
ITC Section 337 Actions
In the Matter of Certain Electronic Imaging Devices, U.S. International Trade Commission Investigation No. 337-TA-850
Represented Respondents HTC Corporation and HTC America Inc. in a four-patent investigation before ALJ Essex concerning camera functionality, messaging, and image processing systems in smartphones; prior to the hearing one-patent was dismissed; obtained final determination finding non-infringement, and none of the domestic industry licensees practiced two of the remaining three asserted patent. Complainant FlashPoint Technology, Inc. did not appeal the final determination.
Certain Integrated Circuits and Products Containing Same; Certain SDRAMs, DRAMs, ASICs, RAM and Logic Chips, Microprocessors, Microcontrollers, Processes For Manufacturing Same and Products Containing Same, U.S. International Trade Commission Investigation Nos. 337-TA-402, 337-TA-404*
Assisted Fujitsu's case teams in these concurrent investigations involving numerous patents. Performed patent analysis that led to withdrawal of patent by complainant Samsung before the evidentiary hearing. Following the hearing, the parties settled on terms favorable to Fujitsu.
Intellectual Property Litigation
Children’s Miracle Network v. Miracle Babies
U.S. District Court for the Southern District of California
Represented defendant Miracle Babies in litigation including claims for trademark infringement, unfair competition, cybersquatting, and false designation of origin related to plaintiff’s purported “Miracle”-related trademarks. The dispute also included an opposition proceeding filed by Children’s Miracle Network before the Trademark Trial and Appeal Board related to the Miracle Babies & Design trademark. Settled both proceedings favorably.
* Prior Experience