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Elizabeth Day

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      FeinbergDay
                                                  Elizabeth
                                                  Day
                                                  Education                            Venue Experience
                                                  University of California, Davis,     California
                                                   School of Law, J.D.                 Delaware
                                                  University of California at Davis,   Florida
                                                   M.B.A.                              Illinois
                                                  Graduate School of Management        International Trade Commission
                                                  Dartmouth College,                   Minnesota
                                                   B.A. cum laude                      New Hampshire
                                                  Admissions                           Oregon
                                                  California                           Texas
                                                                                       Virginia
                                                                                       Washington
                                                                                       Wisconsin



   Elizabeth Day is a trial lawyer who concentrates her practice on patent infringement litigation and
   other intellectual property-related lawsuits. Ms. Day has represented plaintiffs and defendants in
   numerous patent infringement matters pending throughout the United States, including cases in
   Texas, Wisconsin, Delaware, California and the ITC. Ms. Day was named one of the top 75 female
   litigators in the state of California in 2006.
   Ms. Day has tried patent cases involving a variety of technologies, including computers, peripher-
   als, handsets, e-commerce, and the Internet. Ms. Day has tried a multitude of patent infringement
   cases to jury verdicts totaling over $25 million in recovery. She has served as lead lawyer on doz-
   ens of patent litigation matters on behalf of both plaintiffs and defendants, handling Markman hear-
   ings, motions for summary judgment, trials and appeals. She also has significant experience litigat-
   ing on behalf of Defendants, including running joint defense groups. In addition to her more than a
   dozen trials, Ms. Day has primary responsibility for handling the damages aspects of the cases on
   which she works.



Representative Matters
Patent
In the Matter of Certain Electronic Portable Devices and Related Software-337 TA-721
Representing Apple in a patent infringement action commenced by HTC in the ITC. The asserted patents relate to
dialer functionality and power management in handset devices.
Saxon Innovations v. Palm et. al.
Represented Palm in four patent infringement actions pending in the US District Court for the Eastern District of
Texas as well as the ITC. The asserted patents relate to cellular phone applications processors and wireless con-
trollers.


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       FeinbergDay

Samsung v. Quanta Computer et. al.
Obtained jury verdict of $9 million in a patent infringement action pending in the US District Court for the Northern
DistrictFeinbergDay asserted patent relates to the implementation of hotkey functionality in notebook comput-
         of California. The
ers.
CollegeNET, Inc. v. XAP Corporation
Obtained jury verdict of $8.5 million in a patent infringement and Lanham Act action pending in the US District
Court for the District of Oregon. The asserted patents relate to technology for applying to college over the Internet.
IMX, Inc. v. LendingTree, LLC
Obtained jury verdict of willful infringement and damages totaling over $10 million in a patent infringement action
pending in the US District Court for the District of Delaware. The asserted patent relates to technology for applying
for loans over the Internet.
Xpoint Technologies v. Palm et. al.
Representing Palm in a patent infringement action pending in the US District Court for the District of Delaware.
The asserted patent relates to peer-to-peer I/O technology.
U.S. Philips Corporation v. Palm
Representing Palm in a patent infringement action pending in the US District Court for the Northern District of Cali-
fornia. The asserted patent relates to JPEG technology.
In the Matter of Certain Computer Systems, Printers and Scanners-337-TA-618
Represented Hewlett-Packard in a patent infringement action commenced by Acer Incorporated in the ITC. The
asserted patents relate to chip package design and software for controlling an input device.
E-Pass Technologies, Inc. v. Palm, Inc.
Obtained summary judgment ruling of non-infringement on behalf of Palm in a patent case pending in the US Dis-
trict Court for the Northern District of California. The asserted patent relates to hand-held devices.
Orbsak L.L.C. v. Dell et. al.
Represented Hewlett-Packard in a patent infringement action pending in the US District Court for the Eastern
District of Texas. The case settled favorably for Hewlett-Packard. The asserted patent relates to methods for TV
broadcasting and reception.
Charles E. Hill & Associates v. Amazon.com, Inc. et.al..
Obtained favorable settlements for each of the 13 defendants represented in a patent infringement action pending
in the US District Court for the Eastern District of Texas. The three asserted patents relate to Internet transactions.
AD Technology, Inc. v. Hewlett-Packard Company
One of several team members representing Hewlett-Packard in a multi-venue, multi-patent dispute with Gateway
and its subsidiaries. Obtained favorable settlement for Hewlett-Packard in a patent dispute pending in the US Dis-
trict Court for the Eastern District of Texas. The asserted patent relates to graphics.
Nestle v. Clorox
Obtained favorable settlement for Clorox in a patent infringement action pending in the US District Court for the
District of Delaware. The two asserted patents relate to improved cat litter.
In the Matter of Certain Zero-Mercury Added Alkaline Batteries, Parts Thereof and Products Containing
Same
Obtained favorable settlement for defendant Monster Cable Products, Inc. in a patent infringement action pending
in the International Trade Commission.
Samsung v. Inventec
Obtained a favorable settlement for Samsung in a patent infringement action pending in the US District Court for
the Southern District of Texas. The asserted patents relate to notebook computers.




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       FeinbergDay

Firepond v. Banter
Obtained a favorable settlement for Banter Systems, Inc. in a patent infringement action pending in the US District
       FeinbergDay
Court for the District of Minnesota. The asserted patent related to email management and response systems that
use natural language processing.
JPSA v. New Wave Research
Obtained a favorable ruling on a motion to dismiss in a declaratory patent infringement action against New Wave
Research pending in the US District Court for the District of New Hampshire. The asserted patent related to scrib-
ing sapphire substrates with solid state UV lasers.
Mindfabric v. Inquira
Obtained a favorable settlement for Inquira in a patent infringement action pending in the US District Court for the
Northern District of California. The asserted patents related to natural language processing systems.
Mindfabric v. Banter
Obtained a favorable settlement for Banter Systems, Inc. in a patent infringement action pending in the US District
Court for the Northern District of California. The asserted patents concerned technology related to natural lan-
guage processing systems.
ImageX v. iPrint
Defeated motion for preliminary injunction on behalf of iPrint in a patent infringement action pending in the US Dis-
trict Court for the Western District of Washington. The asserted patent related to Internet printing systems.
Adobe Systems Incorporated v. Macromedia, Inc.
Obtained jury verdict of willful patent infringement in favor of Adobe Systems in the US District Court for the Dis-
trict of Delaware. The asserted patent related to graphical user interfaces.
Macromedia v. Adobe Systems Incorporated
Obtained favorable settlement for Adobe after a jury found the Macromedia patents willfully infringed in the US
District Court for the District of Delaware. Two of the three asserted patents related to sound editing and the other
asserted patent related to illustration software.
Neomagic, Inc. v. Trident Microsystems, Inc.
Obtained summary judgment verdict of non-infringement in favor of Trident in the US District Court for the District
of Delaware. Assisted with oral argument before the US Court of Appeals for the Federal Circuit, which affirmed
the verdict of non-infringement. The asserted patents related to embedded DRAM technology.
BioTek v. Biogenex
Obtained jury verdict of willful patent infringement in favor of Biogenex in a declaratory relief patent infringement
action filed in the US District Court for the Northern District of California. The asserted patent related to immunos-
taining.

Awards
Named one of the top 75 female litigators in the State of California in 2006

Publications
PLI, Patent Basics for the Non-Specialist, March 9, 2010
“The Group, How to Be Smart About Entering a Joint Defense Arrangement,” written by M. Elizabeth Day and Ed-
ward Sikorski, IP Legal Times, April 23, 2007




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       FeinbergDay

Presentations and Seminars
PLI, The Joint Defense Group in Patent Litigation 2010
       FeinbergDay
Necessary Evil or Useful Asset?, July 14, 2010
IP Counsel Forum
Best Practices in Patent Litigation, March 24, 2009
Women in IP Law
Successfully Navigating Complex IP Issues, September 17, 2008
Women in IP Law
Practical Tips from the Bench and Bar to Further Your Career, October 11, 2007
International Dispute Resolution
Key Issues and Considerations, October 4, 2007
Intellectual Property Litigation Issues for In-House Counsel
IP Damages and Resisting Damages Discovery, 2005 and 2006

Professional Experience
Partner, DLA Piper LLP (US)
Orrick, Herrington & Sutcliffe LLP
Gray Cary Ware & Freidenrich LLP
Hoge, Fenton, Jones & Appel


Courts and Forums
Supreme Court of California
United States District Court for the Northern District of California
United States District Court for the Central District of California
United States District Court for the Eastern District of California
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Federal Circuit

Professional Memberships
The Federal Circuit Bar Association
Licensing Executive Society
American Intellectual Property Law Association
Intellectual Property Inns of Court
Board member, Breast Cancer Connections
The Junior League of Mid-Peninsula/Palo Alto




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