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Adam G. Hester
Adam Hester's patent litigation practice covers a variety of technology areas, including digital rights management, telecommunications, digital imaging and gaming.
Adam assists in drafting procedural and discovery motions, preparing invalidity contentions and coordinating discovery. His experience also includes conducting prior art studies to assess the strength of a client's patent portfolio, and advising on defensive patent acquisitions. Working on behalf of global and mid-sized tech clients, Adam has supported infringement defense teams in district courts, and he has aided both petitioners and patent owners in PTAB proceedings.
In addition to his patent litigation practice, Adam is interested in the interplay between IP and competition law. Adam has participated in standard essential patent litigation, and has co-authored articles on the Federal Trade Commission's authority and conduct in regulating competition.
Adam applies his IP knowledge in his pro bono commitments, which include drafting patent applications for indigent business entrepreneurs and advising on copyright protections for nonprofit organizations.
Areas of focus
Services
Education & Credentials
Education
- University of Michigan Law School, J.D., cum laude, Articles Editor, Michigan Telecommunications and Technology Law Review, 2016
- Creighton University, B.S., Physics, summa cum laude, 2012
Bar and Court Admissions
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Wisconsin
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California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
Related Employment
- Perkins Coie, Palo Alto, CA, Summer Associate, 2015
- University of Michigan Law School, Federal Appellate Litigation Clinic, Student Attorney, 2015
- Blaske & Blaske, Law Clerk, 2014
Insights
Professional Experience
Trial and Appellate Court
Grecia v. Adobe Systems Inc.
U.S. District Court for the Northern District of California
Represented Adobe against patent infringement assertions relating to digital rights management and access control systems.
Coppola v. Adobe Systems Inc.
Court of Common Pleas of Bucks County, Pennsylvania
Supported defense of Adobe against claims for breach of contract related to software license. Summary judgment and request for attorneys' fees granted by Court of Common Pleas in favor of Adobe.
Princeton Digital Image Corp. v. Amazon.com, Inc.
U.S. District Court for the District of Delaware
Defended Amazon.com, Inc. in action involving patent infringement claims relating to data encoding. Case jointly dismissed.
M2M Solutions LLC v. Amazon.com, Inc.
U.S. District Court for the District of Delaware
Defended Amazon.com, Inc. in action involving patent infringement claims relating to remote data synchronization. Case voluntarily dismissed after patents invalidated in inter partes reviews (IPRs) and affirmed on appeal.
TruSun Technologies, LLC et al. v. Eaton Corporation, Cooper Lighting, and Signify
U.S. District Court for the Western District of Texas
Represented defendants Eaton Corp., Cooper Lighting, and Signify in patent infringement matter, trade secret misappropriation, and correction of inventorship matter involving LEDs and heat sinking technologies. Successfully dismissed 31 correction-of-inventorship claims and patent infringement as to several accused products at summary judgment. Remainder of case settled.
HTC v. Ericsson
International Chamber of Commerce Arbitration
Representing HTC in arbitration challenging whether Ericsson’s licensing of cellular standard essential patents for smartphones violated Sections 1 and 2 of the Sherman Act, Ericsson’s fair, reasonable, and nondiscriminatory (FRAND) obligations, and the parties’ license agreement.
HTC v. Ericsson
U.S. District Court for the Eastern District of Texas
Represented HTC in litigation challenging whether Ericsson’s licensing of cellular standard essential patents (SEPs) for smartphones complied with requirements of U.S. antitrust law and Ericsson’s FRAND commitments to standards-setting organizations.
Icon Health and Fitness, Inc. v. Nautilus, Inc.
U.S. District Court for the District of Utah
Defended Nautilus, Inc. in action involving trademark and false advertising claims under the Lanham Act.
Sisvel International S.A., 3G Licensing S.A., and Sisvel S.p.A. v. HMD America, Inc. and HMD Global Oy
U.S. District Court for the Southern District of Florida
Defending HMD against patent infringement assertions relating to 3G and 4G communication, and asserting counterclaims for breach of FRAND licensing obligations. Case No. 1:20-cv-22051-DPG.
CPC Patent Technologies Pty Ltd. v. HMD Global Oy
U.S. District Court for the Western District of Texas
Defending HMD against patent infringement assertions relating to biometric security. Case No. 6:21-cv-00166-ADA.
Display Techs., LLC v. Informed Data Systems, Inc. d/b/a One Drop
U.S. District Court for the Southern District of New York
Supported defense of One Drop against patent infringement allegations relating to biomedical technology product. Drafted Rule 12 motion prompting voluntary dismissal of case by plaintiff.
LMI Technologies, Inc. v. Sungkyunkwan University, Research and Development Foundation
Served as backup counsel in a lawsuit involving 3D image capture technology. Filed successful Rule 12 motion to dismiss lawsuit and invalidate the asserted claim under Section 101.
Patent Office Proceedings
Adobe Systems Inc. v. Grecia
U.S. Patent and Trademark Office
Prepared and filed petitions for Adobe to institute inter partes review (IPR) proceedings before the Patent Trial and Appeal Board related to digital rights management and access control systems.
Amazon.com, Inc. v. M2M Solutions LLC
U.S. Patent and Trademark Office
Supported preparation and filing of petitions for Amazon to institute inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) related to remote data synchronization technology. Final written decisions found all claims of challenged patents invalid, which were summarily affirmed on appeal to the U.S. Court of Appeals for the Federal Circuit.
Amazon.com, Inc. v. Uniloc Luxembourg SA
U.S. Patent and Trademark Office
Supported preparation and filing of petition for Amazon to institute inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) related to digital rights management technology. Final written decision found certain challenged claims invalid, which was affirmed on appeal to U.S. Court of Appeals for the Federal Circuit.
UII v. Lexmark International
IPR2019-01368, IPR2019-01369, IPR2019-01378, IPR2019-01380, IPR2019-01381, IPR2019-01383, IPR2019-01385, IPR2019-01387, IPR2019-01388, IPR2019-01389.
Represented Lexmark International in defeating institution of 10 inter partes review (IPR) petitions.
IPR2017 – 01534
Supporting counsel for patent owner in an inter partes review (IPR) involving polymer production technology.