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Overview

Phillip Lee is an associate in the Silicon Valley office of McKool Smith, where he focuses his practice on commercial and intellectual property litigation.

Phillip has been involved in all phases of litigation, including pre-suit analysis; written discovery; expert discovery; taking and defending fact and expert depositions; drafting and arguing claim construction briefs; drafting and arguing evidentiary and dispositive motions; and preparing pre- and post-trial briefing.

Phillip is also actively involved in pro bono work, focusing on representing veterans at the U.S. Court of Appeals for Veterans Claims and at the U.S. Court of Appeals for the Federal Circuit.

Previously, Phillip served as a judicial law clerk to the Honorable Evan J. Wallach at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. and the Honorable Otis D. Wright, II at the U.S. District Court for the Central District of California in Los Angeles, California.

Before joining the legal profession, Phillip had the honor of serving with the U.S. Marine Corps during Operation Iraqi Freedom from 2004 to 2005.

Phillip is proficient in Korean.

Experience

Representative Matters

  • Sanofi & Regeneron.Immunex v. Sanofi, et al. (C.D. Cal.) Represents Sanofi/Regeneron against allegations of patent infringement involving the biologic Dupixent® (dupilumab). 
  • BMC Software. BMC v. Cherwell and FireScope. (D. Colo.) Representing BMC in a patent infringement action involving IT management solutions.
  • Rovi. Rovi v. Comcast. (E.D. Tex. / S.D.N.Y. / ITC) Representing Rovi in a patent infringement action involving patents directed to electronic program guides.
  • Nartron. UUSI, LLC d/b/a Nartron. v. Apple. (E.D. Mich.) Representing Nartron in a patent infringement action involving touchscreen technology.
  • Los Angeles Cnty. Metro. Transp. Auth.Transport Techs. v. LACMTA. (C.D. Cal.) Representing a public entity against allegations of patent infringement.
  • NartronUUSI, LLC d/b/a Nartron. v. Samsung. (W.D. Mich.) Representing Nartron in a patent infringement action involving touchscreen technology.
  • Immersion. Fitb v. Immersion. (PTAB) Represented Immersion in PTAB proceedings involving haptic feedback technology.
  • PersonalWeb Technologies.  v. IBMand GitHub. (E.D. Tex. / N.D. Cal.) Represented PersonalWeb in patent infringement actions involving distributed computing patents asserted against back-up, archiving, and cloud storage products and services.
  • BMC Software. BMC v. ServiceNow. (E.D. Tex. / PTAB) Represented BMC in a patent infringement action (and inter partesreviews) involving IT management solutions.
  • Ericsson. Ericsson v. Apple. (E.D. Tex.) Represented Ericsson in a global patent infringement dispute against Apple, including district court cases in Texas involving wireless communications technology.

Affiliations

Community & Professional Activities

  • Los Angeles Intellectual Property Law Association – Co-Chair, Spring Seminar Committee 2017.
  • Los Angeles Intellectual Property Law Association – Chair, Washington in the West Committee 2013.
  • International Association of Korean Lawyers – Moderator, Effective Management of Patent Disputes, Annual Conference 2017.
  • Los Angeles Intellectual Property Law Association – Moderator, Patent Year in Review, Spring Seminar 2017.
  • Eastern District of Texas Bar Association – Panelist, Twenty Years with the Chief Judges of the Federal Circuit. Former Federal Circuit Law Clerks Provide Insight Into How to Be Upheld on Appeal. What Goes on Behind the Curtain? Is it All Just Case Specific, or Policy Driven?, Bench Bar Conference 2015.

Education

J.D., Santa Clara University School of Law

M.S., Electrical Engineering, Columbia University

M.A., Biotechnology, Columbia University

B.S., Physics, University of California, Irvine

B.A., History, University of California, Irvine

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Courts for the Northern and Central Districts of California, the District of Colorado, the District of Columbia, the Eastern and Western Districts of Michigan, the Southern District of New York, and the Northern and Eastern Districts of Texas
  • State of California
  • State of New York
  • District of Columbia
  • U.S. Patent and Trademark Office
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