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. He regularly represents the world’s leading technology companies and brands. Jeremy has practiced for over a decade each in Silicon Valley and in Miami, allowing him a unique perspective both in the courtroom and in advising clients. Now residing in the Firm’s Silicon Valley office, he is known for his deep factual expertise and passionate advocacy, and is a leading authority on emerging technology patents, trade secrets, open source and the Digital Millennium Copyright Act (DMCA).
Jeremy has tried cases in a number of federal district courts, the International Trade Commission, the American Arbitration Association (AAA), and has argued before the Federal Circuit Court of Appeals.
Jeremy has received numerous accolades, including achieving the highest score on the Florida bar exam, the “Most Effective Lawyer in IP”, a “Top 20 Cyber Lawyer”, and multiple awards for his pro bono work for environmental causes and for indigent workers.
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
- Managing IP Rising Star, 2023
- 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
- 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, 2023-present - Allen & Overy LLP
- Senior Counsel, 2021-2023 - White & Case LLP
- Counsel, 2019-2021 - Dorsey & Whitney LLP
- Partner, 2017-2019 - DLA Piper LLP
- Partner, 2013-2017 - McDermott Will and Emery
- Associate/Partner, 2004-2013
Selected Publications
- 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 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, "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