Partner
Luke McCammon focuses his practice on patent litigation in U.S. district courts and at the U.S. International Trade Commission (ITC), with a particular emphasis on computer, software, semiconductor, and medical device technologies.
Luke has significant patent litigation and trial experience. At the district court level, Luke has taken several cases to jury trials, securing verdicts for patent owners and defendants. At the ITC, Luke has tried numerous cases, securing multiple exclusion orders for complainants and defense victories for respondents.
In addition to his patent litigation practice, Luke has substantial experience with post-grant proceedings at the U.S. Patent and Trademark Office (USPTO). He represents clients in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) and in ex parte reexaminations.
Prior to his legal career, Luke worked in the software industry, designing and developing enterprise software applications. That experience has equipped him to serve litigation clients with in-depth source code analysis on products ranging from pure software to consumer products to medical devices. Luke's technical experience spans a wide range of areas, including computer hardware and software technologies, networking and communication technologies, digital signal processing, semiconductors, medical devices, and wireless technologies.
Luke currently serves on the firm's compensation committee.
Certain Road Construction Machines and Components Thereof
337-TA-1088, ITC, Judge Lord
337-TA-1000, ITC, Judge Bullock
337-TA-1007/1021, ITC, Judge Shaw
Paradox Security Systems, Ltd. v. ADT Security Services, Inc.
Defended accused infringers ADT and Digital Security Controls, both part of Tyco International, in a case involving a telephone line coupler; obtained directed verdict of no infringement, which was affirmed on appeal.
2:06-cv-00462, E.D. Tex., Judge Ward
10-1012, Fed. Cir., Judges Bryson, Newman, Schall
elcommerce.com, Inc. v. SAP AG
Represented SAP in a patent litigation and subsequent appeal involving software products; Obtained a stipulated judgment of non-infringement in light of the court's Markman ruling.
2:09-cv-04458, E.D. Pa., Judge Dubois
11-1369, Fed. Cir., Judges Newman, Plager, Wallach
Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers
337-TA-661, ITC, Judge Essex
Finnegan represented Emergy, Inc., d/b/a Meati Foods in a trade secret misappropriation, breach of contract, and correction of inventorship case against The Better Meat Company (BMC) and Augustus Pattillo involving alternative meat made from mycelium.
Emergy alleged that Augustus Pattillo stole its trade secrets on the cultivation and production of mycelium that he learned while working as a lab technician for Emergy’s founders, misused them in his work with BMC, breached his nondisclosure agreement with Emergy, and improperly filed patent applications on Emergy’s technology and assigned them to BMC.
BMC filed claims of tortious interference and unfair competition against Emergy, which Emergy succeeded in striking under California’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. After prevailing under the anti-SLAPP statute, Emergy was statutorily entitled to recover its reasonable attorneys’ fees and costs for defending against BMC’s stricken claims of tortious interference and unfair competition
Early in the litigation, Emergy defeated BMC’s motion to dismiss Emergy’s trade secret misappropriation and breach of implied contract claims. Emergy later defeated BMC’s motion for summary judgment on Emergy’s trade secret misappropriation, breach of contract, and breach of implied contract claims. The case settled soon after the Court issued its summary judgment ruling.
2-21-cv-02338, E.D. Cal., Judge Mueller
2-21-cv-02417, E.D. Cal., Judge Mueller
Event
Inequitable Conduct and the Duty of Disclosure Inequitable Conduct and the Duty of Disclosure
May 20, 2021
Webinar
Webinar
Issues and Strategies on Functional Claiming Issues and Strategies on Functional Claiming
October 22, 2019
Webinar
Event
Recent IP Developments Impacting Medical Device Innovators Recent IP Developments Impacting Medical Device Innovators
April 18, 2019
Palo Alto
Media Mention
PTAB Upholds Same Caterpillar Milling IP It Axed in December PTAB Upholds Same Caterpillar Milling IP It Axed in December
January 2, 2020
Law360Press Release
42 Finnegan Attorneys Named to 2016 Capital Pro Bono Honor Roll 42 Finnegan Attorneys Named to 2016 Capital Pro Bono Honor Roll
February 17, 2017
Press Release
Finnegan Announces Eleven New Partners Finnegan Announces Eleven New Partners
January 3, 2017
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