Jeremy T. Elman

Areas of Practice

• Fashion, Retail and Consumer Branded Products
• Financial Technology (Fintech)
• Gaming
• Intellectual Property Litigation
• Intellectual Property: Trade Secrets
• Life Sciences and Medical Technologies
• Technology and Software Disputes Litigation

Admissions

• California
• U.S. District Court for the Northern District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Central District of California
• U.S. District Court for the Southern District of California
• Florida
• U.S. District Court for the Northern District of Florida
• U.S. District Court for the Middle District of Florida
• U.S. District Court for the Southern District of Florida
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Federal Circuit

Honors and Awards

• Recognized in WIPR Leaders 2026
• Named in the Daily Journal’s 2026 Top Intellectual Property Lawyers list
• Named a "Notable Practitioner” in Managing IP's IP Stars, 2025, 2026
• Listed in the IAM Strategy 300 Guide, 2025, 2026
• California’s Top 100 Intellectual Property Attorneys, Daily Journal, 2025
• Top Trade Secrets Lawyers, Daily Journal, 2023 and 2024
• Listed in World Intellectual Property Review – USA Trade Secrets Rankings, Notable Category, 2024
• Managing IP Rising Star, 2023, 2024
• Litigator of the Week Runner Up, American Lawyer, 2021
• Top 20 Cyber Lawyer, Daily Journal, 2018
• Most Effective Lawyer in IP, Daily Business Review, 2015
• Top 40 Under 40, Daily Business Review, 2013
• Wavemaker Award, Surfrider Foundation, 2009
• Highest Grade, Florida Bar Exam, 2007
• Wiley P. Manuel Award, California Bar, 2004

Education

• American University, Washington College of Law, J.D., 2002
  - Senior Editor, American University Law Review
  - Highest Grade Award, Civil Procedure, Legal Writing
• University of Michigan, B.A., 1999

Professional Activities

• Adjunct Professor, Washington College of Law, American University, 2025-present
• Sedona Conference Working Group on Trade Secrets (WG12), 2022-present; Clean Room Drafting Team, 2023-present

• Trade Secret Committee, Intellectual Property Owners’ Association, 2022-2023

• Mentor, Clean Tech Open, 2017-2019
• Citizens Board, University of Miami, 2015-2017
• Advisor, CodeLitt Incubator, 2015-2018
• Federal Courts Practice Committee, Florida Bar, 2014-2017
• Mentor, Venture Hive, 2013-2017

Experience

• Duane Morris LLP - Partner
• Dorsey & Whitney LLP - Partner
• DLA Piper LLP (US) - Partner
• McDermott Will and Emery - Associate/Partner

Selected Publications

• Author, "How Public LLMs Are Changing Trade Secret Law," Daily Journal, May 20, 2026

• Co-author, "Generative AI Training Case Flags Competition as Major Factor," Bloomberg Law, March 13, 2025
• Author, "Why Clean Rooms Are Important for IP Protection," Daily Journal, Oct 9, 2024
• Author, "Looking Back: IP at the ITC in 2023," IP Watchdog, Jan 16, 2024
• Author, “AI and Trade Secrets: A Winning Combination,” IPWatchdog, November 28, 2023
• Co-author, "Do I Infringe a Copyright By Using AI?" Daily Journal, August 16, 2023
• Co-author, "Texas Order Could Increase Patent Litigation in California District," Law360, August 2, 2022
• Author, "Vizio Ruling Offers Potential Precedent on Source Code," Law360, July 8, 2022
• Author, "Can Late IPR Petitions Be Appealed?" White & Case Technology Newsflash, December 11, 2019
• Author, "3rd Circuit Creates New Obligations for Online Platforms," JD Supra, July 9, 2019
• Author, "Can Copyright Owners Use Section 1201(a) of the Digital Millennium Copyright Act Against Innocent Users?" JD Supra, June 4, 2019
• Author, "A Post-Halo World: Companies Need to Be Careful Because Juries Determine Willful Patent Infringement," JD Supra, April 16, 2019
• Author, "TC Heartland’s One Year Anniversary: Changes in Patent Venue," JD Supra, June 1, 2018
• Author, "Patent Day at the Supreme Court," JD Supra, April 25, 2018
• Co-author, "How to Give Patent Clients a Get Out of Texas Card," Law360, September 20, 2017
•  Co-author, "Artificial Intelligence and the Law," TechCrunch, January 28, 2017
• Author, "Miami Tech Survey - We Need to Crawl Before We Can Walk," Daily Business Review, November 30, 2015
• Author, "6 Key Decisions: Patent Year in Review," Daily Business Review, December 16, 2014
• Author, "How Courts Are Dealing with Presuit Knowledge of Patents," Law360, October 23, 2013
• Author, "Why Florida Has Become a Hot Spot for Patent Litigation," Law360, August 7, 2013
• Author, "Put On Your Copyright Transfer Shoes," Law360, April 1, 2011
• Author, "Follow the Bouncing Ball, But Not Outside the United States Under Section 271(a)," Intellectual Property & Technology Law Journal, February 1, 2010
• Author, "Technology and Law Firm Management," Law Firm Partnership & Benefits Report, February 1, 2009
• Author, "Can Trademark Law Help Minority Groups Eliminate Negative Stereotypes?" Law.com, October 12, 2006
• Author, "Fair is Fair: Supreme Court Rules in KP Permanent Make-Up Inc.," Andrews Litigation Reporter, February 14, 2005

Media Hits

• “The Top Copyright Decisions Of 2025”, Law360, December 16, 2025

• Quoted in "‘Exploding Popularity’: Firms Share Trade Secrets Litigation Strategies," Managing IP, September 12, 2025
• Quoted in "Anthropic Copyright Ruling May Spur More AI Licensing Deals," Law360, June 24, 2025
• Quoted in "California Courts Handle Most US Trade Secrets Cases, Data Shows," Daily Journal, September 12, 2024
• Quoted in AI Deepfakes Bill Pushes Publicity Rights, Spurs Speech Concerns, Bloomberg Law, October 17, 2023
• Quoted in No Fakes Act Wants to Protect Actors and Singers from Unauthorized AI Replicas, The Verge, October 12, 2023
• Featured in A Stoked Batch of Litigator of the Week Runners-Up, American Lawyer, March 26, 2021
• Quoted in Supreme Court Ruling on Patent Board Appeals May Have Ripple Effect, Bloomberg Law, January 8, 2020
• Quoted in Executive Order on Artificial Intelligence Could Spur Conversation in Legal Profession, Law.com, February 13, 2019
• Quoted in Slot-Machine Fight to Determine Which Companies Hit the Jackpot, Bloomberg.com, December 3, 2018
• Quoted in Game-changing rulings shift patent landscape, CDR Magazine, February 5, 2018
• Quoted in Fed. Cir. Ruling to Force More Patent Cases Out of EDTX, Law360, September 22, 2017

Selected Speaking Engagements

• Lecturer, “AI and Trade Secrets,” American University Washington College of Law, Spring 2026

• Speaker, "AI & Trade Secrets: Safeguarding Innovation in a Digital World," Practising Law Institute, May 2025
• Speaker, “Use of Clean Rooms to Minimize Risks and Protect Innovations”, Sedona Conference Webinar, April 16, 2025
• Lecturer, “AI and Trade Secrets,” American University Washington College of Law, Spring 2025
• Speaker, “How IP Law Can Foster Inclusive Innovation”, American University IP Brief Symposium, April 4, 2025
• Speaker, “Trade Secrets and Artificial Intelligence”, DRI Business and Intellectual Property Litigation Superconference, March 28, 2025
• Speaker, “Computer-Generated: The Impact of Federal and State Digital Replica Legislation on Software Industries”, Copyright Society, January 16, 2025
• Speaker, "Complex Discovery Issues Arising in Today’s Patent Litigations," 25th Annual Berkeley-Stanford Advanced Patent Law Institute, December 6, 2024
• Speaker, "The Use of Clean Rooms to Minimize Risk and Protect Innovations," The Sedona Conference Annual Meeting, September 11, 2023 
• Featured Speaker, "Trade Secret Litigation Report 2023," Lex Machina Webinar, July 13, 2023
• Panelist, “Trends in Securing and Enforcing Trade Secrets,” Licensing Executives Society, Silicon Valley Chapter, May 19, 2021
• Speaker, “Don’t Blame Tech Companies for Outdated Software Laws,” Berkeley Law, January 14, 2020
• Panelist, “Willful Infringement: More Than Two Years After Halo, How Are Practitioners Advising Their Counsel on Willfulness Issues," Patent Disputes Forum, April 17, 2019
• Panelist, “AI Goes to Court,” Corporate Counsel Symposium, October 30, 2018
• Moderator, “Do Patents Really Drive Innovation and Value?” May 16, 2018
• Speaker, “How IP Litigation Will Be Impacted by New Technologies: AI, Smart Devices and Cryptocurrencies,” March 14, 2018

Representative Matters

Trade Secrets

• Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, et al. 4:19-cv-04162 (N.D. Cal.) - obtained $21M settlement and a permanent injunction of up to five years

• Goff v. Harrah’s et al., 3:03-cv-00690 (D. Nev.) – successfully defended misappropriation case seeking hundreds of millions in damages during trial

• Commure, Inc. v. Canopy Works, Inc., 5:24-cv-02592 (N.D. Cal.) – helped secure preliminary injunction in medical device dispute for trade secret owner

• First-chaired numerous confidential AAA arbitrations involving software-related trade secrets

Patents

• Droplets v. Walmart, 2:24-cv-970 (E.D. Tex.) – secured settlement of e-commerce patent issues

• R & A Synergy v. Walmart, 2:19-cv-02587 (C.D. Cal.) – achieved successful settlement of e-commerce patent issues

• In Re Certain Television Sets, Inv. No. 337-TA-910 (ITC) – no violation found on behalf of Samsung

• Aristocrat v. IGT, 5:06-cv-03717 (N.D. Cal.) – defeated inequitable conduct in bench trial

• TurboChef v. Enodis, 3:07-cv-01330 (N.D. Tex.) – secured settlement related to quick-cooking ovens

• Johnson & Johnson Vision Care, Inc. v. CIBA Vision Corp., 3:05-cv-00135 (M.D. Fla.) – obtained favorable trial result of nearly a billion dollars regarding first 24-hour silicon hydrogel contact lens

Copyrights

• Russell v. Walmart, Case No. 23-55542 (9th Cir.), 2:19-cv-05495 (C.D. Cal.) – Successfully argued at Ninth Circuit to affirm trial result for Fortune 1 retailer regarding e-commerce dispute

• Vanderlaan v. Walmart, 2:19-cv-06154 (C.D. Cal.) – secured settlement regarding Walmart.com

• Synopsys v. Innogrit – 5:19-cv-02082 (N.D. Cal.), Synopsys v. Gyrfalcon, 3:18-cv-06361 (N.D. Cal.), Cadence v. Skyworth, 3:18-cv-02474 (N.D. Cal.) – defended multiple global manufacturers and hardware companies against electronic design automation licensors

• Launched and maintain Robinhood’s open source program

Trademarks

• Quickie-Tie Down v. USA Products, 2:24-cv-00799 (E.D. Cal.) – obtained dismissal of Lanham Act claims

• BMW v. Win.IT America, 2:17-cv-08826 (C.D. Cal.) – defended global logistics company regarding dispute over transportation over branded goods

• Hard Rock Café v. Rockstar Hotels, 0:17-cv-62013 (S.D. Fla.) – enforced portfolio against competitor for renowned hospitality and entertainment brand

• Vanderlaan v. Walmart, 2:19-cv-06154 (C.D. Cal.) – secured settlement regarding e-commerce issues

• ADT Services v. Advanced Design Technologies, 9:10-cv-80653 (S.D. Fla.) – obtained permanent injunction against competitor

• Hollywood Tans Brands v. Hollywood Tan Sunrise, 0:09-cv-61671 (S.D. Fla.) – obtained permanent injunction and attorneys’ fees against former franchisee

Commercial litigation

• Kogent v. Carl Zeiss Meditec, N25C-04-107 (DE Superior Court) – defended breach of contract action

• Fortis v. Carl Zeiss Meditec, N24C-02-191 (DE Superior Court) – defended breach of contract action

• Safety PPE LLC v. Skanda Group, 2:22-cv-01814, 2:21-cv-03967 (C.D. Cal.) – obtained writ of mandamus, summary judgment of breach of contract and alter ego liability, and affirmance at Ninth Circuit

• Bruner v. Telltale Games, CIV-18-00690 (Marin County Superior Court) – achieved settlement of breach of contract case by ex-CEO

• Finjan v. Trustwave, N18C-04-006 (DE Superior Court) – enforced patent license against licensee