M. Elizabeth Day

Partner

contact

650.825.4300 x102
eday@feinday.com

Elizabeth is a top trial lawyer who concentrates her practice on patent infringement litigation, other intellectual property related disputes and commercial litigation in district courts across the United States and at the International Trade Commission. She has tried and managed a multitude of highly complex cases involving diverse technological areas, including semiconductor packaging, Wi-Fi and cellular communications, smartphones, flash memory, computer security, computer networking, data compression, interactive television and content delivery, among others.

Elizabeth has served as the first chair/lead lawyer on dozens of matters on behalf of both plaintiffs and defendants, handling motions for summary judgment, trials and appeals. In addition to her more than a dozen jury trials, Elizabeth has primary responsibility for handling the damages aspects of the cases on which she works. In addition to handling litigation matters, Elizabeth has experience in the the valuation and monetization of intellectual property, including portfolio diligence and strategy.

Elizabeth has over 25 years of experience handling IP litigation matters. Prior to founding Feinberg Day, Elizabeth was a partner in the IP litigation group of a prominent international law firm.

significant matters
Wapp Tech Limited Partnership v. Seattle Spinco, Inc., et. al. (E.D. Texas) Representing innovator in mobile application development technology in three-patent case directed against mobile app testing and development products. Won denial of defendants’ motion for summary judgment of noninfringement.
Broadband iTV, Inc. v. DirecTV, LLC (W.D. Texas) Representing pioneering video on demand and content management technology company in five patent case. Won claim construction on all contested terms.
Broadband iTV, Inc. v. AT&T Communications, LLC (W.D. Texas) Representing pioneering video on demand and content management technology company in five patent case. Won claim construction on all contested terms.
Broadband iTV, Inc. v. Dish Network LLC (W.D. Texas) Representing pioneering video on demand and content management technology company in five patent case. Won claim construction on all contested terms.
Broadband iTV, Inc. v. Amazon.com, Inc. (W.D. Texas) Representing pioneering video on demand and content management technology company in six patent case.
Express Mobile, Inc. v. Google LLC, Facebook, Inc., eBay.com, Inc. (W.D. Texas)  Representing patent-owner, innovator of in web site development technologies in multi-patent cases focusing on infringement by Google, Facebook and eBay’s websites and related products.
Express Mobile, Inc. v. Salesforce.com, Inc., Microsoft Corp., LinkedIn.com, Corp. (N.D. California) Representing patent owner, innovator in web site development technologies in multi-patent cases focusing on infringement by Salesforce, Microsoft and LinkedIn’s web sites and related products.
Polaris PowerLED Technologies, LLC v. Samsung Electronics Ltd. (E.D. Texas) Represented Polaris PowerLED in a substantial patent infringement case involving automatic brightness control technology implemented in Samsung mobile phones and televisions. The case settled favorably on confidential terms on the eve of jury trial.
University of Michigan v. Leica Microsystems, Inc. (N.D. California) Currently representing University of Michigan in a patent infringement action enforcing the University’s leading edge patented microscope technology.
OpenTV, Inc. v. NFL Enterprises, LLC.  Represented OpenTV in a seven patent case involving verifying PIN codes giving users access to password-restricted websites and applications, methods of inserting content into video streams using time-code indicators, methods of allowing users to interact with videos and a method of connecting multiple video metadata sets, methods of programming software to identify if a computer does not have the right applications to run certain media, methods of combining multiple media data streams into a single broadcast stream and methods of connecting streaming videos with other websites via a link.
Intellectual Ventures I and Intellecutal Ventures II v. Motorola Mobility (District of Delaware and Southern District of Florida) Represented Intellectual Ventures in back to back patent infringement jury trials in Delaware and won both trials. The asserted patents relate to technology in smart phones including sending MMS messages, power allocation and conservation and docking stations.
Intellectual Ventures II v. JPMorgan et. al. (Southern District of New York) Represented Intellectual Ventures II in a patent infringement matter against several JPMorgan Chase entities. The asserted patent relates to a cryptographic co-processor for processing RSA or ECC algorithms.
Intellectual Ventures II v. Citibank et. al. (Southern District of New York) Represented Intellectual Ventures II in a patent infringement matter against several Citibank entities. The asserted patent relates to a cryptographic co-processor for processing RSA or ECC algorithms.
Certain Products Containing Interactive Program Guide and Parental Control Technology (337-¬TA¬-845) Represented Complainants Rovi Corporation, Rovi Guides, Inc., Rovi Technologies Corporation, Starsight Telecast, Inc., United Video Properties, Inc. and Index Systems, Inc. against LG, Mitsubishi, NetFlix, Roku and Vizio. The asserted patents related to interactive programming guides and parental controls technology.
Certain Products Containing Interactive Program Guide and Parental Control Technology (337¬-TA¬-820) Represented Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., Gemstar Developlment and Index Systems, Inc. against Vizio. The asserted patents related to online programming guides.
In the Matter of Certain Electronic Portable Devices and Related Software (337- TA-721) Represented a prominent technology company in a patent infringement action commenced by HTC in the ITC. The asserted patents relate to dialer functionality and power management in handset devices.
education
Juris Doctor, University of California School of Law, Davis, CA

Masters of Business Administration, Graduate School of Management, University of California, Davis, CA
Bachelor of Art (cum laude), Government, Dartmouth College, Hanover, NH
admissions
Admitted to practice in California and E.D. Texas
N.D. California, C.D. California, S.D. California, E.D. Texas, Ninth Circuit, Federal Circuit.
venue experience
N.D. California
C.D. California
S.D. California
E.D. Texas
International Trade Commission
W.D. Texas
Delaware
E.D. Virginia
New York
Federal Circuit