Steve Korniczky

Partner
Sheppard Mullin

Stephen is a trial lawyer who has spent the past 35 years litigating patent, trade secret, trademark and other intellectual property cases. He has tried and argued cases in district courts throughout the U.S., before the Patent Trial and Appeal Board, the International Trade Commission (ITC) and on appeal to the U.S. Court of Appeals for the Federal Circuit. His experience includes litigating some of the largest patent cases in the U.S., as well as complex cross-border suits relating to Standard Essential Patents (SEPs) and worldwide FRAND license obligations on behalf of internationally based, publicly traded and emerging companies in many diverse technologies.  According to IAM Patent 1000, clients comment that “Stephen is a first-class lead trial lawyer…he stands out for his deep understanding of standard essential patents, excellent litigation record and openness and transparency.”

Stephen’s experience includes successfully representing HTC Corporation in a two week trial and avoiding an exclusionary order before the ITC in In re Certain LTE- and 3G-Compliant Cellular Communications Devices.  In addition, he was also lead counsel for TCL Communication Technology Holdings in a high profile three-week trial involving a breach of contract and declaratory judgment action it filed against Ericsson Inc., et al., seeking a FRAND license to Ericsson’s 2G, 3G and 4G SEP portfolio. This was the largest SEP case ever tried in the United States at the time and the first to value an SEP portfolio containing thousands of patents. This case was named a "Milestone Case of the Year" by Managing Intellectual Property magazine. 

In another patent infringement action, Stephen successfully defended HTC Corporation against a well-known non-practicing entity, Intellect Wireless. The judge ruled that Intellect Wireless had engaged in inequitable conduct before the Patent Office rendering the patents unenforceable and dismissed the lawsuit. The decision was upheld on appeal to the Federal Circuit and, subsequently, the case was found to be exceptional, and Intellect Wireless and its litigation counsel were held jointly and severally liable for $4,000,000 to reimburse HTC’s attorney fees and costs.

Stephen is also registered to practice before the U.S. Patent and Trademark Office and is particularly experienced in prosecuting patent applications and handling reexamination and IPR petitions. He was ranked as one of the top two IPR attorneys in the country in the Patexia IPR Intelligence Report. He utilizes his combined prosecution and litigation background to provide strategic counseling to clients on business oriented IP licensing and portfolio development plans.