Philip J. Graves

Mr. Graves brings to the firm more than 20 years of experience as a patent and intellectual property litigator, having represented companies in patent cases in many technical fields.
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Current Role

  • Of Counsel, Hagens Berman Sobol Shapiro LLP, head of the firm's intellectual property practice
  • Practice focuses on patent litigation, as well as cases involving trademark infringement, copyright infringement, unfair competition and misappropriation of trade secrets.

Experience

Before joining Hagens Berman, Mr. Graves’ practice focused on representing technology companies in patent cases involving network security, web-hosting, image capture, digital signature and encryption technologies, nano-scale manufacturing and biotech, among many other technical fields.

Legal Activities

  • State Bar of California
  • Alaska Bar Association
  • Los Angeles Intellectual Property Law Association
    - 2015 Judges’ Night, Chair
    - 2011 Spring Seminar, Chair
  • American Intellectual Property Law Association
  • Federal Circuit Bar Association

Recognition

  • Pasadena Top Attorney, Pasadena Magazine (2016)
  • 40 Angelenos to Know in Intellectual Property Law, Los Angeles Business Journal (2012)
  • Southern California Super Lawyers®, Intellectual Property Litigation, Business Litigation (2004-2018)

Notable Cases

  • Stamps.com, several patent infringement cases involving online postage generation and delivery, network security, digital signature and encryption technology. As lead trial counsel, obtained a jury verdict in Stamps.com’s favor, avoiding over $30 million in damages.
  • Laerdal Medical, several patent and trademark infringement cases involving medical devices. Obtained an award of $1 million in statutory damages, full award of attorneys fees and a permanent injunction against manufacturers and importers of counterfeit product. 
  • Web.com Group, patent infringement suits in Arizona and Texas concerning a variety of backend and client-facing content hosting and delivery functionalities, as well as several business litigation matters in California in which Mr. Graves obtained a dismissal of one suit on summary judgment and affirmance of another favorable judgment on appeal.
  • Fotona d.d., a European manufacturer of medical lasers, in a patent infringement action involving dental laser surgery technology. Following a three day evidentiary hearing, Mr. Graves obtained a favorable resolution of the case and a full award of attorneys’ fees for the client.
  • Developer of motion capture technology, breach of contract action involving rights in the technology. As lead trial counsel, obtained a verdict in favor of the client as well as an award of all of the client’s attorneys’ fees.
  • Designer and importer of consumer electronics products, represented in a patent infringement action venued in the International Trade Commission. The complainant dismissed its complaint on the eve of trial, following the filing of the parties’ pretrial briefs and witness statements.
  • Large publicly traded company, in several patent infringement suits in California and Texas involving rapid prototyping technology.
  • Technology development company, represented in a patent infringement suit involving imaging systems used at tourist attractions and theme parks.
  • Cosmetics company, represented in consolidated suits alleging unfair competition and infringement of patents covering various prostaglandin analogs.

Publications

  • Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know, Lead Author, New Matter (Fall 2014)
  • Intellectual Property: It’s Not Just for Specialists Anymore, Co-Presenter, Association of Corporate Counsel (Southern California Chapter), Long Beach, CA (June 19, 2014)
  • Section 337: Whether to Respond or Default, Lead Author, Intellectual Property Today (June 9, 2014)
  • U.S. Patent Litigation under Section 337, Presenter, Shijingshan Scientific and Technological Services Alliance/Beijing Intellectual Property Office/Zhongguancun Scientific and Technological Park, Beijing, China (May 6, 2014)
  • Double Exposure: Keeping Your Confidential Information Out of the Public Eye in the Wake of Apple v. Samsung, Lead Author, ABA Landslide Magazine (May/June 2013 Issue)
  • Potential Ramifications of Already v. Nike, Lead Author, Law360 (September 6, 2012)
  • U.S. Patent Litigation Involving Pharmaceutical Patents, Co-Presenter, Taiwan Medical and Pharmaceutical Industry Technology and Development Center, Taipei, Taiwan (May 25, 2012)
  • Developments in Trademark Law and the Internet: Domain Name Disputes, Banner Ads, Pop-Ups, and Related Issues, Author, 2004 Intellectual Property Institute of the State Bar of California
  • Damages in Copyright and Patent Infringement Actions, Author, Intellectual Property Law Section of the Alaska Bar Association

Personal Insight

Phil took a break from his judicial clerkship in 1991 to travel a war zone (Croatia, Serbia, Kosovo) and was chased down a mountainside by Kosovar rebels.