T. Cy Walker

Partner

Washington, D.C.
T +1.202.861.1688
F +1.202.861.1783

Overview

Cy Walker is a seasoned first chair litigator with more than 25 years of experience in all phases of litigation before the U.S. District Courts and U.S. Courts of Appeals, and more than eight years of experience practicing before the International Trade Commission (ITC). He has been lead trial counsel in numerous patent cases with a focus on technology, including semiconductor manufacturing and design, consumer electronics, medical devices, internet services, and software. He also is registered to practice before the United States Patent and Trademark Office, where he represents clients in inter partes review (IPR) proceedings. In addition to his patent litigation practice, Cy also advises clients in licensing and settlement negotiations, and in procuring patent, copyright and trademark protection.

Cy has been named a Washington “Super Lawyer” in the field of intellectual property litigation (2017 to 2019) and has been recognized as an “IP Star” in the fields of patents and trademarks by Managing Intellectual Property (2017 to 2019). He is an ITC Committee Member of the Intellectual Property Owners Association (2015 to 2019), a former President of the ITC Trial Lawyers Association (2013 to 2014), a former co- author and editor of the treatise on Section 337, Unfair Competition and the ITC, and has spoken frequently on ITC practice and related law.

Select Experience

District Court
  • Representing internet services company and its subsidiaries as lead counsel in the defense of online video and dating services against claims of patent infringement relating to computer processes. Successfully invalidated four of the six asserted patents on Alice grounds prior to answering.
  • Representing radiopharmaceutical company as lead counsel in the defense of a radiopharmaceutical medical device against claims of patent infringement.
ITC
  • Representing radiopharmaceutical company as lead counsel in the defense of its radiopharmaceutical medical devices against claims of patent infringement. Secured final determination that design-around product configurations do not infringe asserted patents, and an initial determination of no violation based on importation and sale of existing product configurations.
  • Representing juvenile products company in the defense of its child carriers against claims of patent infringement.
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Experience

District Court
  • Representing internet services company and its subsidiaries as lead counsel in the defense of online video and dating services against claims of patent infringement relating to computer processes. Successfully invalidated four of the six asserted patents on Alice grounds prior to answering.
  • Representing radiopharmaceutical company as lead counsel in the defense of a radiopharmaceutical medical device against claims of patent infringement.
  • Represented internet services company as lead counsel in the defense of its internet security services against claims of patent infringement. Case was settled on favorable terms prior to trial.
  • Represented internet services company and one of its customers as lead counsel in the defense of its web browser toolbar services against claims of patent infringement. Case was dismissed prior to claim construction after successfully invalidating the asserted patents on Alice grounds. Currently representing client in Federal Circuit appeal.
  • Represented consumer electronics company and its subsidiaries as lead counsel in the defense of its digital imaging products against claims of patent infringement relating to semiconductor manufacturing processes. Case was dismissed after successfully invalidating the asserted patents in inter partes review proceedings before the Patent Trial and Appeal Board (PTAB), decisions that were affirmed on appeal. Also represented client in the PTAB and Federal Circuit proceedings.
  • Represented consumer electronics company in the defense of its computers, laptops and printers against claims of patent infringement concerning various patents directed to flash memory card interfaces. Prior to a Markman hearing, obtained a favorable ruling transferring the case from the Eastern District of Texas to the Northern District of California, and shortly thereafter the case settled on favorable terms.
  • Represented consumer electronics company in the defense of its digital imaging products against claims of patent infringement concerning image sensor technology. Following a Markman hearing, the judge awarded summary judgment of noninfringement on all asserted claims, and following the trial, the judge granted judgment as a matter of law that all asserted claims were invalid.
  • Represented chemical company in the defense of its anti-degradant compounds against claims of patent infringement concerning chemical patents. The judge awarded summary judgment of noninfringement in favor of the client, the remaining parties settled and the case was dismissed.
  • Represented home shopping company and one of its on-air personalities against claims of trademark infringement and false advertising. Although the defendants were found liable on both claims, the jury found the defendants’ conduct was not willful and the court refused to award any damages to the plaintiff, which findings were upheld on appeal.
  • Represented automobile manufacturer in the defense of its hybrid vehicles from patent infringement claims. Although the client was found liable for infringement, the jury awarded only a small fraction of the damages the plaintiff had sought, and in one of the first cases following eBay, the judge refused to permanently enjoin the client, which findings were upheld on appeal.
  • Represented printing company in a patent infringement action relating to offset lithographic printing press technology. The case settled after the judge awarded summary judgment of patent infringement against the plaintiff and dismissed the defendants’ inequitable conduct defense.
  • Represented medical device manufacturer in the defense of its cardiovascular stent products from claims of patent infringement. The judge entered summary judgment of noninfringement on all four patents, which was affirmed on appeal.
ITC
  • Representing radiopharmaceutical company as lead counsel in the defense of its radiopharmaceutical medical devices against claims of patent infringement. Secured final determination that design-around product configurations do not infringe asserted patents, and an initial determination of no violation based on importation and sale of existing product configurations.
  • Representing juvenile products company in the defense of its child carriers against claims of patent infringement.
  • Represented consumer electronics company as lead counsel in the defense of its televisions and Blu-ray players against claims of patent infringement concerning various patents directed to video decoding and processing.
  • Represented consumer electronics company in the defense of its computers, laptops and printers against claims of patent infringement concerning various patents directed to flash memory card interfaces. 
  • Represented consumer electronics company in the defense of its laptops from claims of patent infringement concerning display technology. 
  • Represented book company in the defense of its e-reader products from claims of patent infringement concerning various hardware and software patents. 
  • Represented consumer electronics company in the defense of its Blu-Ray products against claims of patent infringement concerning technologies relating to recording media.
  • Represented consumer electronics company in the defense of its cellphones and other mobile communications devices against claims of patent infringement.
  • Represented consumer electronics company in the defense of its LCD displays against claims of patent infringement.
  • Represented consumer electronics company in the defense of its digital displays against claims of patent infringement.
  • Represented automotive manufacturer in the defense of its hybrid vehicles against claims of patent infringement concerning technologies relating to hybrid drive systems.

Recognitions and Memberships

Recognitions

  • Managing Intellectual Property: District of Columbia “IP Star”
    • Patents and Trademarks (2014, 2017 to 2019)
  • Washington, D.C., “Super Lawyer” (2013, 2017 to 2019)
  • The Legal 500 United States (2019)
    • Key Practitioner in Intellectual Property - Patent Litigation: Full Coverage

  • IAM 1000 – The World’s Leading Patent Practitioners (2015)
    • Individuals – International Trade Commission 
    • Patent Litigation – Washington, DC metro

Memberships

  • International Trade Commission Trial Lawyers Association
    • Executive Committee (2009 to 2014)
    • President (2013 to 2014)
  • Intellectual Property Owners Association
    • ITC Committee Member (2015 to 2019)
  • American Intellectual Property Law Association
  • American Bar Association
    • Intellectual Property Law Section
    • Litigation Section 

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Eastern District of Texas
  • U.S. Patent and Trademark Office, Registration No. 52,337
  • District of Columbia

Education

  • J.D., The George Washington University Law School, 1992, with High Honors, Moot Court Board, Order of the Coif, The George Washington Journal of International Law and Economics
  • B.S., Electrical Engineering, Kettering University, (formerly General Motors Institute), 1985, Eta Kappa Nu, Tau Beta Pi