Philip Eklem is an associate in Reichman Jorgensen Lehman & Feldberg LLP’s Washington, D.C. office. His practice includes patent litigation in U.S. district courts and the U.S. International Trade Commission (ITC). Phil leverages his technical background and experience before the ITC, federal district courts, and the U.S. Patent and Trademark Office to develop creative and effective strategies for clients, whether plaintiff or defendant.

Prior to joining the firm, Phil was an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. His experience includes all phases of patent litigation, including pre-suit investigations, fact and expert discovery, and pre- and post-trial briefing in ITC and district court matters. Phil has also participated in inter partes review proceedings before the PTAB on behalf of petitioners and patent owners. He also has extensive experience guiding clients through all stages of patent prosecution. Phil's experience spans several areas of technology, including mechanical and electrical systems, consumer electronics, medical devices, aeronautics, automotive systems, construction machinery, and graphical user interfaces.

Phil’s career in patent law began at the U.S. Patent and Trademark Office (USPTO), where he served as a patent examiner in a mechanical art unit.

Representative Matters

• Represented global electronics company as respondent in ITC patent infringement action and in parallel district court and PTAB matters related to touchscreen-enabled computers and mobile devices. The parties reached settlement during pre-trial phase.

• Represented company founded by USPTO “Hall of Fame” inventor of fundamental wireless mesh networking patents in ITC investigation against global electronics and integrated circuits manufacturers. Successfully demonstrated satisfaction of technical prong of domestic industry requirement.

• Represented Caterpillar as complainant in an ITC patent infringement action, securing limited exclusion order against a competitor-manufacturer of road construction equipment. Achieved “non institution” decision from PTAB on IPR petition filed against one of the patents asserted in the ITC.

• Represented Caterpillar as respondent in an ITC patent infringement action regarding road construction equipment, resulting in findings of “no violation” by the administrative law judge with respect to two asserted patents. Drafted IPR petitions against patent asserted in the ITC resulting in cancellation of asserted claims.

• Prosecuted patent applications before the USPTO on behalf of a global manufacturer and innovator of brachytherapy solutions, including applications directed to applicators and treatment delivery systems, resulting in several patents being awarded.

Publications

• Coauthor, “ITC Seems Unlikely To Stay Investigations For Parallel IPRs,” Law360 (March 17, 2021)

• Coauthor, “ITC Dispute May Lead To PTAB Litigation Strategy Shifts,” Law360 (January 27, 2021)

Recent Speaking Engagements

• Panelist, “The Ins & Outs of Related Proceedings Before the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB),” Virtual Patent Gateway (VPG), August 5, 2021.