Jeremy T. Elman
Partner
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Phone: +1 650 847 4162
- Duane Morris LLP
260 Homer Avenue, Suite 202
Palo Alto, CA 94301-2777
USA
Jeremy T. Elman is a partner at Duane Morris, with a focus on intellectual property and technology-related commercial disputes. Jeremy’s current clients include a variety of industry leaders, such as Walmart, Robinhood, Carl Zeiss Meditec, Skyworth and Ex Populus. Jeremy has tried cases around the country and has presented oral argument at the Ninth Circuit and the Federal Circuit. During his career, Jeremy has also represented the world’s leading technology companies and brands, including Airwallex, ADT, Apple, Aristocrat, Blackberry, Citrix, Coca-Cola, DHL, Fairchild, Fox Entertainment, Hard Rock Hotels, HP, Innogrit, Garland Group, Las Vegas Sands, Nike, Rovi, Samsung, Seagate, Sony, Square, and Telltale Games, among others.
Clients regularly seek Jeremy’s specialty in trade secret, patent and digital piracy cases, his ability to manage teams of attorneys in complex commercial litigation, and to lead client service teams in IP-related policy creation, compliance, and investigations. Jeremy has been regularly quoted in Bloomberg Law, Law360, and The Verge, among others, and speaks regularly on patent and trade secret developments.
Jeremy has been named one of the Top 100 Intellectual Property Attorneys in California for 2025 by the Daily Journal, and as a top trade secret attorney from a number of publications, including the World IP Review and the Daily Journal. Jeremy was previously named the “Most Effective Lawyer in IP” by the Daily Business Review and received the highest score on the Florida Bar exam.
Jeremy presently teaches the first-ever law school class on “AI and Trade Secrets” at American University in Washington, DC.
Areas of Practice
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
- 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 and 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
- 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
- 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 Fordce More Patent Cases Out of EDTX, Law360, September 22, 2017
Selected Speaking Engagements
- 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
Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, et al. 4:19-cv-04162 (N.D. Cal.) - Secured $21M settlement and a permanent injunction of up to five years
Goff v. Harrah’s et al., 3:03-cv-00690 (D. Nev.) – Trial counsel in misappropriation case seeking hundreds of millions in damages, resulting in successful settlement after plaintiff’s case
Droplets v. Walmart, 2:24-cv-970 (E.D. Tex.) – currently representing Walmart in e-commerce patent case
Finjan v. Trustwave, N18C-04-006 (DE Superior Court) – successfully enforced patent license against licensee
R & A Synergy v. Walmart, 2:19-cv-02587 (C.D. Cal.) – achieved successful settlement of broad patent claims
In Re Certain Television Sets, Inv. No. 337-TA-910 (ITC) – no violation found on behalf of Samsung
In Re Certain Products Containing Interactive Program Guide and Parental Control Technology, Inv. No. 337-TA-820 and 845 (ITC) – Hearing counsel for Rovi Corporation
Aristocrat v. IGT, 5:06-cv-03717 (N.D. Cal.) – Trial counsel defeating inequitable conduct case in bench trial
TurboChef v. Enodis, 3:07-cv-01330 (N.D. Tex.) – achieved successful settlement regarding after showing invalidity of patent of first quick-cooking ovens used in Starbucks and Subways
Johnson & Johnson Vision Care, Inc. v. CIBA Vision Corp., 3:05-cv-00135 (M.D. Fla.) – Trial counsel securing nearly a billion dollars regarding first 24-hour silicon hydrogel contact lens
Russell v. Walmart, 2:19-cv-05495 (C.D. Cal.) – Trial counsel for Walmart successfully defending more than 95% of damages during weeklong jury trial on both copyright and trademark issues
Vanderlaan v. Walmart, 2:19-cv-06154 (C.D. Cal.) - achieved successful 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 chip design companies obtaining modified licenses with electronic design automation licensors
Launched and maintain Robinhood’s open source program
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.) – obtained near walkaway settlement after dispositive pre-trial motion practice
Hard Rock Café v. Rockstar Hotels, 0:17-cv-62013 (S.D. Fla.) – enforced brand portfolio leading to competitor leaving market
Vanderlaan v. Walmart, 2:19-cv-06154 (C.D. Cal.) – achieved successful settlement for regarding Walmart.com
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
Fortis v. Carl Zeiss Meditec, N24C-02-191 (DE Superior Court) – defending 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