Jeremy T. Elman is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Miami office. He previously practiced in the Firm’s Silicon Valley office. Jeremy focuses his practice on intellectual property and complex commercial litigation.
Jeremy is a trial lawyer with significant experience across all aspects of intellectual property, including patents, trade secrets, trademarks and copyrights, as well as contract disputes, business torts and arbitrations. Jeremy regularly acts as lead counsel for large companies with intellectual property and technology-related litigation in Florida, and also defends and prosecutes patent infringement actions in federal courts nationwide.
Jeremy received the highest score on the Florida bar exam and was honored at the Florida Bar's induction ceremony. During law school, Jeremy was a senior editor of the American University Law Review, and received highest grade awards in Civil Procedure and Legal Writing.
Jeremy also maintains an active pro bono practice, having secured Special Immigrant Juvenile Status (SIJS) for an abused and abandoned child in Miami, and leading a McDermott team in submitting an amicus curiae brief to the Supreme Court on behalf of the Surfrider Foundation in a dispute related to access to Florida’s beaches. Jeremy has been awarded the State Bar of California's Wiley W. Manuel Award and the Surfrider Foundation's Wavemaker Award for his pro bono services.
Jeremy speaks and writes frequently about technology and intellectual property issues, and is a member of McDermott's Technology Advisory Board and a frequent contributor to McDermott's IP Update. Jeremy has been published by the South Florida Daily Business Review and Law.com, among others.
Jeremy is a member of the State Bar of California and the Florida Bar.
Representative Experience
- Aristocrat Techs. v. Int'l Game Tech. & IGT, 2011 U.S. Dist. LEXIS 48693 (N.D. Cal. May 6, 2011) - Successfully represented gaming manufacturer at bench trial finding no inequitable conduct in ongoing patent dispute between leading gaming companies. Case was also subject of precedential decision at Federal Circuit that patents could not be invalidated by for "improper revival" by U.S. Patent and Trademark Office.
- Johnson & Johnson Vision Care, Inc. v. CIBA Vision Corp.,648 F.Supp.2d 1294 (M.D. Fla. 2009) – Successfully represented contact lens manufacturer at bench trial finding that client’s industry-first silicone hydrogel contact lens patents were infringed by Acuvue Oasys, the most popular contact lens in the world.
- F & G Research, Inc. v. Creative Technology Ltd., 2008 WL 343475 (S.D. Fla. Feb. 5, 2008) – Obtained summary judgment of non-infringement of computer mouse patent on behalf of consumer electronics manufacturer.
- TurboChef Technologies, et al. v. Garland Commercial Industries, LLC, et al. (N.D. Tex.) – Successfully defended commercial-oven manufacturer in patent litigation related to accelerated-cooking technology, resulting in a complete dismissal of all claims.
- Power Integrations, Inc. v. Fairchild Semiconductor Corp. et al. (N.D. Cal.) - Currently representing integrated circuit manufacturer in patent litigation related to power supply controllers .
- Goff v. Harrah’s et al. (D. Nev.) – Successfully represented gaming manufacturer at jury trial, resulting in successful settlement of trade secret and breach of contract claims after securing summary judgment of invalidity on all patent claims.
- ArrivalStar v. Caribex Worldwide, Inc. (S.D. Fla.) – Obtained settlement in patent litigation.
- ADT Services AG et al v. Advanced Design Technologies, Inc. (S.D. Fla.) - Obtained permanent injunctive relief in trademark litigation.
- Hollywood Tans Brands, LLC v. Hollywood Tan Sunrise (S.D. Fla) – Obtained permanent injunctive relief for franchisor in trademark litigation.
- H.I.G. Capital v. Huntsman Gay Capital (M.D. Fla.) – Obtained favorable settlement for private equity firm in trademark litigation, resulting in defendant renaming firm.
- Council of International Fashion Designers v. Funkshion (S.D. Fla.) – Obtained favorable settlement for fashion show producer in trademark litigation, resulting in defendant changing fashion show name.
- Audio MPEG, Inc. v. Creative Labs, Inc. (E.D. Va.) – Successfully defended consumer electronics manufacturer in patent litigation against patent consortium, resulting in a worldwide settlement.
- Fairchild Semiconductor v. Sumitomo Bakelite et al. (Cal. Sup. Ct.) – Successfully represented two semiconductor companies related to massive, industry-wide failure of defendant’s epoxy mold compound, resulting in favorable multimillion dollar settlements for tort and breach of contract claims.
Education
- American University-Washington College of Law, J.D. (cum laude), 2002
- University of Michigan, B.A., 1999
