Philip Eklem is a trial lawyer whose practice focuses on patent litigation in U.S. district courts and the U.S. International Trade Commission (ITC). Drawing on his technical background in mechanical engineering and extensive experience before the ITC, federal district courts, and the U.S. Patent and Trademark Office (USPTO), Phil crafts innovative and effective strategies tailored to his clients’ needs, whether representing plaintiffs or defendants.

Phil’s experience includes all phases of patent litigation, including pre-suit investigations, fact and expert discovery, Markman, and pre- and post-trial briefing. He also leads proceedings before the Patent Trial and Appeal Board (PTAB), including inter partes review (IPR) and post-grant review (PGR), as well as ex parte reexamination proceedings. Phil also advises clients on patent licensing strategies to maximize the value of their intellectual property. Additionally, Phil has extensive experience guiding clients through all stages of patent prosecution.

Phil's experience spans several areas of technology, including cloud storage systems, mechanical and electrical systems, consumer electronics, medical devices, aeronautics, automotive systems, construction machinery, blockchain, and cryptocurrencies.

Prior to joining the firm, Phil spent over six years at Finnegan, honing his skills in patent litigation and prosecution. His career in patent law began at the USPTO, where he served as a patent examiner in a mechanical art unit. Before transitioning to law, Phil started his professional journey as a project engineer at Mercedes-Benz.

Representative Matters

• Secured a $673 million patent infringement win for Kove IO against Amazon Web Services (AWS) over foundational cloud storage technology. Played a key role in the shaping and presentation of Kove’s infringement case, helping defeat multiple IPRs and reexams, and supporting Kove's validity case. The jury found AWS infringed all three patents, affirming a $525 million verdict with $148 million in interest. Ranked as the top standing patent verdict of 2024, 9th highest of the decade, and among Law.com/VerdictSearch’s Top 100 Verdicts of 2024.

• Achieved an $84 million willful patent infringement verdict for Cirba (Densify) against VMware after a five-day trial. Guided the preparation and assisted in the presentation of the technical aspects of Densify’s infringement and validity cases, and helped defeat multiple co-pending ex parte reexaminations of the patents in suit. Ranked among Law.com/VerdictSearch’s Top 100 Verdicts of 2023.

• Secured a $27 million patent infringement verdict for tech startup Droplets against Yahoo. Helped defeat Yahoo’s main invalidity defenses, deposed key invalidity witness and patent law expert, and helped shape the cross examination of Yahoo’s star witness. Right after the Yahoo verdict, RJLF secured a favorable settlement for Droplets in its co-pending case against Nordstrom.

• Representing Broadcom in high-stakes patent litigation against Netflix over video streaming technology, with potential damages in the hundreds of millions, including active cases in the Northern District of California and appeals before the Federal Circuit.

• Represented global electronics companies Lenovo and Motorola as respondent in ITC patent infringement action and in parallel district court and PTAB matters related to touchscreen-enabled computers and mobile devices. The parties reached settlement during pre-trial phase.

• Represented company founded by USPTO “Hall of Fame” inventor of fundamental wireless mesh networking patents in ITC investigation against global electronics and integrated circuits manufacturers. Successfully demonstrated satisfaction of technical prong of domestic industry requirement.

• Represented Caterpillar as complainant in an ITC patent infringement action, securing limited exclusion order against a competitor-manufacturer of road construction equipment. Achieved “non institution” decision from PTAB on IPR petition filed against one of the patents asserted in the ITC.

• Represented Caterpillar as respondent in an ITC patent infringement action regarding road construction equipment, resulting in findings of “no violation” by the administrative law judge with respect to two asserted patents. Drafted IPR petitions against patent asserted in the ITC resulting in cancellation of asserted claims.

• Advised tech startup through licensing discussions with competitor regarding patents covering AI-augmented inventions.  Led licensing negotiations on their behalf and achieved favorable licensing terms without litigation. 

• Prosecuted patent applications before the USPTO on behalf of a global manufacturer and innovator of brachytherapy solutions, including applications directed to applicators and treatment delivery systems, resulting in several patents being awarded.

Rankings & Honors

• Managing IP, IP Patent Disputes (Northeast) Firm of the Year 2025

• Managing IP, Impact Case of the Year: Kove Win, 2025

• Law360, Legal Lions of the Week, April 2024

• Law360, IP Practice Group of the Year 2024

Publications & Speaking Engagements

• “Federal Circuit Update: CloudofChange v. NCR,” Author, New Matter Winter 2025 Edition

• “Federal Circuit Update: Recentive Analytics, Inc. v. Fox Corp.,” Author, New Matter Fall 2025 Edition

• “Federal Circuit Update: US Synthetic Corp. v. Int’l Trade Comm’n,” Author, New Matter Spring 2025 Edition

• “ITC Seems Unlikely To Stay Investigations For Parallel IPRs,” Co-author, Law360 (March 17, 2021)

• “ITC Dispute May Lead To PTAB Litigation Strategy Shifts,” Co-author, Law360 (January 27, 2021)

• “The Ins & Outs of Related Proceedings Before the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB),” Panelist, Virtual Patent Gateway (VPG) (August 5, 2021)