D. Stuart Bartow

Partner

  • D. Stuart Bartow
  • Phone: +1 650 847 4150
    Fax: +1 650 618 8505

    D. Stuart Bartow - LinkedIn Import to Address Book

  • Duane Morris LLP
    2475 Hanover Street
    Palo Alto, CA 94304-1194
    USA
  • Duane Morris LLP
    750 B Street, Suite 2900
    San Diego, CA 92101-4681
    USA
  • Duane Morris LLP
    505 9th Street, N.W., Suite 1000
    Washington, DC 20004-2166
    USA

Stuart Bartow is a trial lawyer and technology attorney, and a partner in Duane Morris’ Intellectual Property Practice Group. Based primarily in the firm’s Silicon Valley office, he serves as lead counsel to clients from around the globe in intellectual property and other complex commercial matters, with particular emphasis on disputes concerning electronics and clean energy technology.

Over the course of nearly two decades, Mr. Bartow has accumulated months’ worth of trial days in patent, trade secret and other contentious commercial matters before a wide range of courts and tribunals, obtaining jury trial victories, favorable summary judgment determinations and outright wins by dismissal for his clients.  Along the way, he also has been cited for the strength and depth of his client service by publications such as The Legal 500.

Mr. Bartow’s practice is international in scope.  He regularly appears in federal district courts around the United States, before the U.S. Courts of Appeal for the Federal Circuit and Ninth Circuit, the U.S. International Trade Commission, in California state courts, and in national and international arbitration tribunals such as the ICC International Court of Arbitration and the American Arbitration Association.  In 2015, he was selected to participate in the Federal Circuit Bar Association’s Global Fellows program, which brings together emerging leaders from the global IP community.  In 2017, he qualified as a Solicitor of the High Courts of England and Wales (currently on non-practicing status), and in 2020 was admitted as a Fellow of the London-based Chartered Institute of Arbitrators.

Drawing on his industry background in electrical and computer engineering, Mr. Bartow has handled disputes across technical disciplines such as solar module design, battery composition, clean energy distribution, microprocessor architecture, navigation and mobile communications systems, semiconductor wafer processing, computer networking hardware, security software, fintech methods, electronic design automation, medical electronics, mobile application design, and mechanical packaging, among many others. 

In addition to handling contentious matters as a dedicated advocate, Mr. Bartow also advises on IP portfolio management, PTO practice under the America Invents Act (including IPR and PGR practice), and cross-border licensing and enforcement concerns for domestic and international clients, including FRAND licensing.  Additionally, he maintains an active practice in cybersecurity and privacy law, and holds the CIPP/E European data protection certification administered by the International Association of Privacy Professionals (IAPP).

Beyond his legal practice, Mr. Bartow teaches trial and advocacy skills as an adjunct lecturer, and regularly writes and speaks on cutting-edge issues in technology and IP law.  Prior to practicing law, Mr. Bartow served on the technical staff of a medical device startup company and worked for a leading satellite communications provider based in Washington, DC. 

Mr. Bartow holds Bachelor of Science degrees in Computer Engineering and Psychology from the University of Maryland, College Park, a Master of Science degree from the School of Engineering and Applied Science at Columbia University, and a law degree from Georgetown.

Areas of Practice

  • Intellectual Property Litigation and Arbitration

  • Technology-Related Commercial Litigation and Arbitration
  • Patent Litigation, Counseling and Licensing

  • Trade Secret Protection and Litigation

  • International Technology Arbitration
  • PTAB Proceedings

  • Clean Energy
  • Cybersecurity

  • Data Privacy

  • Semiconductors

  • Software
  • Technology, Media and Telecom

  • Wireless Communications

Representative Matters

    Patent Litigation

  • Lead counsel for a leading battery manufacturer in a patent dispute concerning battery electrolyte technology before the U.S. District Court for the Western District of Texas.

  • Lead counsel for a leading security software developer in a patent dispute concerning malware detection technology before the U.S. District Court for the Western District of Texas.

  • Co-lead counsel for a leading supplier of solar panel anchoring technology in patent disputes before the U.S. District Courts for the Northern District of California and New Mexico.

  • Counsel for a leading network equipment provider in a patent dispute concerning network security technology before the U.S. District Court for the Northern District of California. 

  • Lead counsel for a leading security software developer in a patent dispute concerning malware detection software in the U.S. District Court for the Western District of Texas.

  • Counsel for leading electronics manufacturer in a Section 337 patent investigation concerning semiconductor layout technology before the U.S. International Trade Commission.
  • Co-lead counsel for manufacturer of mechanical packaging in patent disputes concerning product display technology before the U.S. District Courts for the Eastern District of Wisconsin and the Central District of California.

  • Lead counsel for transportation electronics manufacturer in a patent dispute before the U.S. District Court for the Central District of California.

  • Counsel for leading social media platform in patent dispute concerning geolocation technology in the Northern District of California.

  • Counsel for leading security software developer in obtaining summary judgment in a patent dispute concerning anti-malware technology before the U.S. District Court for the District of Delaware; affirmed in the U.S. Court of Appeals for the Federal Circuit.

  • Trial counsel for renowned Silicon Valley semiconductor designer in patent trial victory concerning power conversion technology before the U.S. District Court for the District of Delaware.

  • Appellate counsel for leading electronics manufacturer resulting in invalidation of patent-in-suit and vacatur of nine-figure damages award by the U.S. Court of Appeals for the Federal Circuit.

  • Counsel for three leading internet companies in patent dispute concerning network communications technology before the U.S. District Court for the Northern District of Illinois, resulting in stipulation of no infringement after claim construction, affirmed by the U.S. Court of Appeals for the Federal Circuit.

  • Counsel for leading telecommunications company in patent dispute concerning 3G and 4G wireless communication standards and hardware before the U.S. District Court for the Eastern District of Texas.

  • Counsel for leading mobile communications semiconductor designer in patent dispute concerning mobile chip design before the U.S. District Court for the Eastern District of Texas.

  • Counsel for leading mobile handset manufacturer in a patent dispute concerning mobile chip technology before the U.S. District Court for the District of New Hampshire.

  • Trial counsel for several leading chipmakers in a patent dispute concerning mobile communications technology before the U.S. District Court for the Eastern District of Texas.

  • Counsel for semiconductor processing equipment manufacturer in trade secret dispute concerning semiconductor processing techniques before the U.S. District Court for the Northern District of California.

  • Counsel for Fortune 100 technology systems provider in multiple patent cases concerning logistics electronics before the U.S. District Court for the Eastern District of Texas.

  • Counsel for the scientific research arm of the Australian government in patent dispute concerning internet communications technology before the U.S. District Court for the Eastern District of Texas.

  • Trial counsel for leading memory chip manufacturer in patent dispute concerning DRAM memory chip and interface design before the U.S. District Court for the Northern District of California.

  • Trade Secret Litigation/Arbitration

  • Co-lead counsel for an RFID systems integrator in a trade secret dispute concerning medical device technology before the U.S. District Court for the District of Arizona.

  • Co-lead counsel for a large disaster insurance company in a trade secret and commercial dispute concerning mobile communication technology before the U.S. District Court for the District of Nevada.

  • Co-lead trial counsel for leading provider of integrated optical systems in confidential trade secret/commerial arbitration before the American Arbitration Association.

  • Lead counsel for group of departing employees in employee mobility trade secret case concerning financial systems technology and know-how in the U.S. District Court for the Northern District of California.

  • Lead counsel for Silicon Valley executive in employee mobility trade secret case concerning document reproduction technology and know-how in Santa Clara Superior Court.

  • Technology-Related Commercial Litigation/Arbitration

  • Lead counsel for a leading solar panel manufacturer in a confidential commercial arbitration concerning panel technology before the ICC/International Court of Arbitration.

  • Lead counsel for a leading developer of battery storage systems in a confidential commercial arbitration before the American Arbitration Association.

  • Lead counsel for a leading electric vehicle manufacturer in a technology-related contract and IP dispute before the Los Angeles County Superior Court.

  • Counsel for leading developer of battery storage systems in a confidential commercial arbitration before the American Arbitration Association.

  • Co-lead counsel for leading electronics component manufacturer in confidential commercial arbitration before the ICC International Court of Arbitration, with related proceedings the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Northern District of California.

Admissions

  • California
  • District of Columbia
  • U.S. Patent and Trademark Office
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of New Mexico
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin

Education

  • Georgetown University Law Center, J.D.
  • Columbia University, M.S.
  • University of Maryland, B.S., Computer Engineering
  • University of Maryland, B.S., Psychology

Experience

  • Duane Morris LLP, Palo Alto, CA - Partner

  • Paul Hastings LLP, Palo Alto, CA - Partner
  • McDermott Will & Emery LLP, Silicon Valley, CA - Partner
  • Latham & Watkins LLP, Orange County, CA - Associate
  • Townsend and Townsend and Crew LLP, Palo Alto, CA - Associate

Professional Activities

  • Federal Circuit Bar Association
    - Patent Litigation Committee
    - Global Fellow, 2015-2016

  • American Bar Association
    - Section of Litigation
    -- Expert Witness Committee
    --- National Programming Co-Chair, 2016-2017

  • Association of Business Trial Lawyers
  • National Institute for Trial Advocacy, Adjunct/Workshop Faculty
  • Santa Clara University School of Law, Adjunct Lecturer
  • PTAB Bar Association
  • American Intellectual Property Law Association

  • Silicon Valley Intellectual Property Law Association

  • San Diego Intellectual Property Law Association

Honors and Awards

  • Listed in IAM Patent 1000: The World's Leading Patent Professionals, 2021

Selected Publications

  • Chapter Author, "Means-Plus-Function Treatment for Computerised Inventions since Williamson v. Citrix Online, LLC," Patents 2022, 12th Edition, International Comparative Legal Guides, 2021
  • Author, "Ownership of Patent Rights and Standing to Sue in US Courts: Patent Laws and Regulations 2021," International Comparative Legal Guides, September 16, 2020
  • Author, “Many (Un)happy Returns:  Government Cannot Initiate Post-Grant Invalidation Proceedings Under the America Invents Act, U.S. Supreme Court Says,”  International Comparative Legal Guide, Patent Laws and Regulations, 2020
  • Author, "U.S. Supreme Court Finds Room for Compensation of Foreign Lost Profits," International Comparative Legal Guide, Patents 2019

  • Quoted, "The Verdicts That Left A Mark in 2018," December 19, 2018

  • Author, "U.S. Supreme Court Agrees Upon Restricted Venue for Patent Cases," International Comparative Legal Guides, Patents 2018

  • Co-Author, "Supreme Court Case Could Have Huge Impact On Challenging Patents," November 28, 2017

  • Author, "U.S. Supreme Court Reaffirms Flexible Analysis for Enhanced Damages in U.S. Patent Cases," International Comparative Legal Guide, Patents 2017

  • Co-Author, "Reflecting on a 6-Year Journey to a Patent Ineligibility Win," Law360, November 10, 2016

  • Co-Author, "McRO, Inc. v. Bandai Namco Games America: Federal Circuit Revives Software Patents Held Ineligible," Lexology, September 21, 2016

  • Co-Author, "Willful Blindness and Induced Patent Infringement," Law360, June 15, 2011

  • Author, "U.S. Supreme Court Issues Decision in Microsoft Corp. v. AT&T Corp.," Lexology, 2007

  • Author, "U.S. Supreme Court Issues Decision in KSR Int'l Co. v. Teleflex, Inc.," Lexology, 2007

Selected Speaking Engagements

  • Speaker, "International Arbitration & IP Disputes: Practical Tips and Best Strategies," Intellectual Property (IP) ConfEx, Virtual Conference, February 24, 2021
  • Speaker, "2020 Business Law & Cannabis Law Symposium," The Bar Association of San Francisco, San Francisco, February 5, 2020
  • Moderator, "Building, Managing and Maintaining a Strong IP Department," Managing Intellectual Property’s European Patent Forum USA 2019, December 2019
  • Panelist, "Why Your Investigations Went Nowhere:  Advanced Forensics for Trade Secret Investigations," Today’s GC Webinar, December 2019
  • Panelist, "The Legal Cybersecurity Threat Landscape for 2020 and Beyond," Global Legal ConfEx, San Francisco, CA, November 2019
  • Panelist, "Internet of Things World Expo 2018," Santa Clara, CA, May 2018
  • Panelist, "The International Data Game," Seventh Annual ASU-Arkfeld Ediscovery and Digital Evidence Conference, Phoenix, Arizona, March 2018

  • Panelist, "Outside Counsel Views on Managing E-discovery in Complex Litigation," 40th Global IP ConfEx, San Francisco, California, February 2018

  • Host and Moderator, Expert Witness Committee Panel, ABA Section of Litigation Annual Conference, May 2017

  • Speaker, “The Interplay Between the DTSA and Patent Law,” Federal Circuit Bar Association, Washington, D.C., March 2017

  • Moderator, “Patent Litigation 2017: The Courts and Patent Trial and Appeal Board,” Federal Circuit Bar Association, Santa Clara, California, February 2017

  • Speaker, “Review of Intellectual Property Controversies and Disputes,” Columbia University School of Engineering and Applied Sciences, October 2015

  • Speaker, “Octane and Highmark: Fee-Shifting in Patent Cases Under 285,” Berkeley Center for Law and Technology, March 2014

  • Host and Moderator, “Expert Witnesses: Maximizing Their Effectiveness,” Berkeley Center for Law and Technology Workshop, sponsored by the ABA, February 2014

  • Speaker, “Issues in Intellectual Property Law,” Columbia University, February 2012