Teresa M. Summers represents clients in intellectual property, regulatory, and commercial matters, including litigation, licensing, contracts, FDA regulatory matters, and counseling. She has specialized expertise in appeals to the United States Court of Appeals for the Federal Circuit, District Court litigation, proceedings at the Patent Trial and Appeal Board, ANDA litigation, and International Trade Commission Section 337 litigation. Her practice spans many industries, including biomedical sciences, pharmaceuticals, semiconductors, telecommunications, consumer electronics, and cybersecurity. Ms. Summers advises technology companies regarding Standard Essential Patents (SEPs), Standard Setting Organizations (SSOs), and mining for IP rights in Big Data. Ms. Summers also advises pharmaceutical, biotech, and medical device clients on issues related to product development, approval, and compliance with Food and Drug Administration regulations.
Ms. Summers served as a law clerk to the Honorable Richard Linn of the United States Court of Appeals for the Federal Circuit. She remains very active in Federal Circuit activities, including assisting the judges in recent Joint Judicial Conferences in Japan, China and Korea on U.S. IP rights. She created the Tokyo IP American Inn of Court, the first Inn of Court based in Japan and the first American Inn of Court based outside of the U.S. For her role in the creation of the Tokyo IP American Inn of Court, Ms. Summers received a Distinguished Service Medal by the Linn Inn Alliance.
Ms. Summers received her B.S. in biology/biomedical engineering from the University of California, San Diego, and her J.D. from the Georgetown University Law Center, magna cum laude. During law school, she was active and published in the Georgetown Law Journal, admitted to the Order of the Coif, and received the Leon Robbin Patent Award, ABA/BNA Award for Excellence in Intellectual Property Law, and the Cali Award. Ms. Summers has published numerous articles: she authored “The Scope of Utility in the Twenty-First Century: New Guidance for Gene-Related Patents” and co-authored “Database Legislation: Changing Technologies Require Revised Laws” and “Medicare Act Increases Risk of Declaratory Judgment Actions Against Innovators.”
Representative Matters
- Allergan v. Sandoz (Eastern District of Texas). Represented the manufacturer of a generic version of Allergan’s Combigan® ophthalmic eye drops for the treatment of glaucoma in several related cases under the Hatch-Waxman Act.
- Certain Sintered Rare Earth Magnets and Products Containing Same (International Trade Commission, 337-TA-855). Represented complainants Hitachi Metals and its U.S. affiliate in an ITC investigation that was resolved by settlements and consent orders favorable to complainants prior to hearing.
- Apple v. Samsung (Northern District of California and International Trade Commission, 337-TA-796). Represented Apple in obtaining a $1.05 billion jury verdict in its patent and trade dress trial against Samsung regarding smartphones and tablets. Also represented Apple successfully against Samsung at the International Trade Commission.
- Certain Static Random Access Memories, and Products Containing Same (International Trade Commission, 337-TA-792). Represented Cypress Semiconductor in patent litigation against competitor and importer customers of competitor.
- Toshiba v. Imation et al. (Western District of Wisconsin). Represented Toshiba Corporation in a patent infringement action against several foreign manufacturers and U.S. distributors of recordable and rewritable DVDs.
- Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (International Trade Commission, 337-TA-841). Represented respondent Fujitsu Limited in a patent infringement case involving flash memory card readers used in computers and other electronic devices. Case settled favorably shortly before the hearing.
- American Motorists Insurance Co. v. The Club at Hokuli’a, Inc., et al. (District of Hawaii). Represented Japan Airlines in complex litigation involving three court cases in Hawaiian federal and state courts related to failed property development on the Big Island in Hawaii. The dispute related to interpretation of bonds, development agreements and partnership law issues. This complex litigation involved seven parties in a multimillion-dollar property development being concurrently litigated in three cases.
- Certain Stringed Musical Instruments and Components Thereof (II) (International Trade Commission, 337-TA-708). Represented Japan-based Hoshino and its U.S. affiliate in patent infringement actions relating to guitars and other musical instruments. Case settled on favorable terms.
- Enpat v. GE et al. (Middle District of Florida). Represented Toshiba Mitsubishi Electric Industrial Corporation Ltd. of Japan and its U.S. affiliate in a patent infringement suit relating to industrial drives and wind turbines. Case settled on favorable terms after mediation.
- Kelce v. Cervantes et al. (Court of Appeals for the Ninth Circuit). Represented a prisoner pro bono against the California state corrections system. Obtained favorable verdict from the Ninth Circuit.
- Certain Liquid Crystal Display Modules and Products Containing the Same and Methods for Using the Same (International Trade Commission, 337-TA-634; Court of Appeals for the Federal Circuit). Represented Sharp Corporation against Samsung in four patent infringement -based investigations involving technology to improve viewing angle and response time for LCD panels used in LCD TVs and monitors. ITC found for Sharp on all four asserted Sharp patents and three of four asserted Samsung patents, and issued exclusion order and cease and desist orders banning imports and sales of Respondents’ LCD products.
- Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same (International Trade Commission, 337-TA-617). Represented Osaka-based Funai Electric Co., Ltd. and its affiliate Funai Corporation, Inc. (collectively “Funai”) through trial in this International Trade Commission (ITC) Section 337 action filed against 14 manufacturers and importers of digital televisions and other related products. In April 2009, the ITC issued a final determination and remedy order in favor of Funai Corporation. Represented Funai in an appeal and in the subsequent enforcement action for the exclusion order.
