Jeremy T. Elman

Partner

  • Jeremy T. Elman
  • Phone: +1 650 847 4162

    Import to Address Book

  • 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

Media Hits

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

    Trade Secrets

  • 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

    • Patents

  • 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

    • Copyrights

  • 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

    • 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.) – 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

    • Commercial litigation

  • 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

  • Kogent v. Carl Zeiss Meditec, 24SL-CC03229 (MO Circuit Court) – obtained dismissal of breach of contract case

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