Partner
Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical devices, transportation and construction vehicles, and graphical user interfaces and icons. She has prosecuted families of design patents before the U.S. Patent and Trademark Office (USPTO), directed prosecution in foreign countries, and argued appeals before the Patent Trial and Appeal Board (PTAB). She has a special interest in strategic counseling related to acquiring for worldwide protection for designs. She also litigates design patent matters at the U.S. district court level that include trade dress claims. In addition, she has appeared before the U.S. International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit, and the U.S. Court of Appeals for the Fourth Circuit.
Elizabeth also has extensive experience in utility patent litigation in the areas of software- and hardware-related technologies and counseling in trade secret matters, including selection of patent or trade secret protection for innovative ideas. Elizabeth has jury and bench trial litigation experience, which includes claim construction, dispositive motions, post-trial, and appeal. She has argued at the Fourth Circuit, and is well-versed in discovery dispute resolution, preparing and taking expert and fact witness at trial, and settlement negotiations. Elizabeth is the recipient of Intellectual Property Owners Association (IPO)'s Carl B. Horton Distinguished Service Award and has been recognized by Intellectual Asset Management as a leader in patent litigation and transactions in the D.C. area, and nationally for design patents. She is the Editor-in-Chief of Comparative Global Design Law, published by Bloomberg Law.
Before beginning her legal career, Elizabeth graduated from the U.S. Air Force Academy and served five years on active duty as a communications officer. She was stationed at Bolling AFB, Washington, D.C., coordinating and overseeing testing of joint intelligence software systems, and at Thule Air Base, Greenland, where she served as the flight commander in charge of base communications. Today, Elizabeth serves on the Board of Directors of the Air Force Academy Foundation, which supports the Academy's enduring mission of developing leaders of character for the nation, and providing a lifetime of service to the Long Blue Line.
Prior to joining the firm, Elizabeth served as a judicial law clerk to the Honorable Liam O'Grady at the U.S. District Court for the E.D. of Virginia, Alexandria Division. She is an adviser and contributor to Finnegan's Federal Circuit IP blog.
As part of Finnegan's pro bono program, Elizabeth leads the firm's military veteran's pro bono program and has represented criminal defendants in the Superior Court of the District of Columbia, the E.D. of Virginia, and the Virginia Supreme Court. She previously served on the Board of Directors of Community Tax Aid, Inc. a local Washington, D.C. non-profit that provides free tax preparation service to low- and moderate-income families for more than a decade.
Elizabeth is currently the co-leader of the firm's litigation section.
ProSlide Technology, Inc. v. WhiteWater West Industries, Ltd.
Secured jury verdict of infringement in favor of plaintiff ProSlide Technology, Inc. in litigation involving design and utility patents related to large water rides. The jury found all patents valid, and awarded monetary damages on the infringed patents, including willful infringement by two products.
6:20-cv-02189, M.D. Fla., Judge Mendoza
Shure Incorporated et al. v. ClearOne, Inc.
Represented plaintiff Shure Incorporated and Shure Acquisition Holdings, Inc. involving utility and design patents and false claims related to ceiling microphone array products. The design patent trial concluded in November 2021 and the case later settled favorably.
1:19-cv-01343, D. Del., Judge Andrews
Koninklijke Philips NV f/k/a Koninklijke Philips Electronics NV v. Ideavillage Products Corp.
2:21-cv-08706, D.N.J., Judge McNulty
MQ Gaming, LLC v. LEGO Systems, Inc.
1:19-cv-00905, D. Del., Judge Noreika
Cozy Comfort Company LLC v. Davie Clothing Proprietary Limited
2:21-cv-00310, D. Ariz., Judge Burns
Bridgestone Brands, LLC v. Balkrishna Indus., Ltd.
Represented Bridgestone in utility and design patent litigation involving off-the-road tires.
3:17-cv-00771, M.D. Tenn., Judges McCalla, Holmes
Articles
Common Myth and Misperceptions About Export Control Laws Common Myth and Misperceptions About Export Control Laws
March 1, 2024
Westlaw TodayEvent
Prosecuting and Challenging Patent Applications/Careers in IP Law: A World of Possibilities Prosecuting and Challenging Patent Applications/Careers in IP Law: A World of Possibilities
February 28, 2024
Virtual
Event
Everything You Need to Know to Listen to the LKQ v. GM En Banc Design Patent Obviousness Argument Everything You Need to Know to Listen to the LKQ v. GM En Banc Design Patent Obviousness Argument
February 1, 2024
Webinar
Podcasts
November 2023 - Last Month at the Federal Circuit Podcast Series November 2023 - Last Month at the Federal Circuit Podcast Series
December 12, 2023
Federal Circuit IP Blog
Podcast Series: Last Month at the Federal Circuit - November 2023 Podcast Series: Last Month at the Federal Circuit - November 2023
December 12, 2023
"Ferrill has contentious experience in district courts, the federal circuit and the ITC, and is particularly knowledgeable in design patents. She is a crucial part of the group that handles prosecution and strategy work.”
Intellectual Asset Management Patent 1000
“Elizabeth Ferrill… [is] one of the foremost design patent protectors and litigators in the country.”
Intellectual Asset Management Patent 1000
“In Elizabeth Ferrill, Finnegan has ‘an undisputed expert on design patents’ who is ‘always updated and enlightening others with her deep knowledge’; she also prosecutes and litigates.”
Intellectual Asset Management Patent 1000
“Taking the lead on design litigation is Elizabeth Ferrill, who is ‘one of the few lawyers in the country with experience in inter partes reviews on the validity of design patents.’”
Intellectual Asset Management Patent 1000
“‘She is very involved in the design bar and really starting to build her name—she isn’t a dabbler and is very much in the club. She also gives her clients an outstanding service.’”
Intellectual Asset Management Patent 1000
“Ferrill is ‘an undisputed expert on design patents who enlightens others with her deep and constantly up-to-date knowledge…’”
Intellectual Asset Management Patent 1000
“Elizabeth Ferrill is one of the top experts in design patents, who a client says is ‘very accommodating, easy to deal with and extremely supportive.’”
Managing Intellectual Property’s IP Stars
“Elizabeth Ferrill takes charge of a sophisticated design patent practice; she prosecutes utility and design patents for Caterpillar and prepares design applications for Eli Lilly with respect to its medical device portfolio. Devoted to intellectual property, she recently won a prestigious award from the Intellectual Property Owners Association for her promotion of the value of intellectual property to society.”
Intellectual Asset Management Patent 1000
"Ferrill has contentious experience in district courts, the federal circuit and the ITC, and is particularly knowledgeable in design patents. She is a crucial part of the group that handles prosecution and strategy work.”
Intellectual Asset Management Patent 1000
“Elizabeth Ferrill… [is] one of the foremost design patent protectors and litigators in the country.”
Intellectual Asset Management Patent 1000
“In Elizabeth Ferrill, Finnegan has ‘an undisputed expert on design patents’ who is ‘always updated and enlightening others with her deep knowledge’; she also prosecutes and litigates.”
Intellectual Asset Management Patent 1000
“Taking the lead on design litigation is Elizabeth Ferrill, who is ‘one of the few lawyers in the country with experience in inter partes reviews on the validity of design patents.’”
Intellectual Asset Management Patent 1000
“‘She is very involved in the design bar and really starting to build her name—she isn’t a dabbler and is very much in the club. She also gives her clients an outstanding service.’”
Intellectual Asset Management Patent 1000
“Ferrill is ‘an undisputed expert on design patents who enlightens others with her deep and constantly up-to-date knowledge…’”
Intellectual Asset Management Patent 1000
“Elizabeth Ferrill is one of the top experts in design patents, who a client says is ‘very accommodating, easy to deal with and extremely supportive.’”
Managing Intellectual Property’s IP Stars
“Elizabeth Ferrill takes charge of a sophisticated design patent practice; she prosecutes utility and design patents for Caterpillar and prepares design applications for Eli Lilly with respect to its medical device portfolio. Devoted to intellectual property, she recently won a prestigious award from the Intellectual Property Owners Association for her promotion of the value of intellectual property to society.”
Intellectual Asset Management Patent 1000
Commentary
Understanding IP Matters: The Mysteries of Design Patents – Preventing Abuse Before It Happens Understanding IP Matters: The Mysteries of Design Patents – Preventing Abuse Before It Happens
February 7, 2024
IP WatchdogCommentary
Timberland Tells 4th Circ. Boots Deserve TM Protection Timberland Tells 4th Circ. Boots Deserve TM Protection
January 24, 2024
Law360Commentary
USPTO Issues Supplemental Exam Guidance for Design Patent Applications Related to Computer-Generated Images USPTO Issues Supplemental Exam Guidance for Design Patent Applications Related to Computer-Generated Images
November 17, 2023
IP Law DailyCommentary
USPTO Will Establish Separate Bar for Design Patents USPTO Will Establish Separate Bar for Design Patents
November 16, 2023
Daily JournalPress Release
Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo
November 10, 2023
Announcement
Elizabeth Ferrill Recognized by World IP Review as 2023 Diversity Champion Elizabeth Ferrill Recognized by World IP Review as 2023 Diversity Champion
October 16, 2023
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