Stan Panikowski is an appellate and trial litigator with experience in intellectual property, antitrust and other areas of business litigation, including class actions.
He has successfully represented clients before the United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the Ninth Circuit, the California Supreme Court, the California Court of Appeal, various federal district courts and the International Trade Commission. He also counsels clients on intellectual property and constitutional issues and has experience in negotiating complex license agreements.
Mr. Panikowski is also a speaker and writer on issues in patent and appellate litigation and has been an adjunct professor of law at the University of San Diego School of Law. He has served as President of the San Diego Chapter of the Federal Bar Association and a Lawyer Representative to the Ninth Circuit Court of Appeals.
In 2009, San Diego Metropolitan Magazine selected Mr. Panikowski as one of its "40 Under 40" honorees, recognizing him as “one of the brightest and most enterprising young people in San Diego County.” In 2008, the San Diego Daily Transcript named him one of the top young attorneys in San Diego.
Mr. Panikowski has also been named to The Best Lawyers in America in every year since 2011 and was named Intellectual Property Attorney of the Year by Super Lawyers for San Diego.
Mr. Panikowski previously served as a law clerk to the Honorable Sandra Day O’Connor of the Supreme Court of the United States and the Honorable J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit.
Representative Appellate Litigation Matters
- International Rectifier Corp. v. Samsung Electronics Co., Ltd., 361 F.3d 1155 (Fed. Cir. 2004) – Obtained full reversal of contempt order against client for allegedly violating injunction against patent infringement
- Freeman v. Lasky, Haas & Cohler, 410 F.3d 1180 (9th Cir. 2005) – Obtained full affirmance of order dismissing antitrust claims against clients with prejudice
- e-Pass Technologies v. Hewlett-Packard Company, et al. (Fed. Cir. 2007) – Obtained full affirmance of summary judgment of noninfringement on behalf of manufacturer of handheld computer devices
- Grosset v. Wenaas (Cal. Supreme Ct. 2008) – Obtained unanimous affirmance of California Court of Appeal decision imposing continuous stock ownership requirement on plaintiffs in shareholder derivative suits
- Schutte & Koerting v. Swett & Crawford (9th Cir. 2008) – Obtained affirmance of district court decision granting summary judgment in favor of clients on statute of limitations defense in broker negligence action
- Bodum USA, Inc. v. La Cafetiere, Inc., 621 F.3d 624 (7th Cir. 2010) – Obtained affirmance of district court decision granting summary judgment in favor of clients in trade dress infringement action
- Ergo Licensing, LLC v. CareFusion 303, Inc., 673 F.3d 1361 (Fed. Cir. 2012) – Obtained affirmance of district court decision granting summary judgment of patent invalidity in favor of client
- Prism Technologies, LLC v. McAfee, Inc., et al. (Fed. Cir. 2013) – Obtained affirmance of district court decision granting summary judgment of noninfringement in favor of client Trend Micro and other defendants
- FG Hemisphere Associates, LLC v. Unocal Corporation, et al. (9th Cir. 2014) – Obtained reversal of district court decision concerning sovereign immunity of client Democratic Republic of Congo
- Sanofi-Aventis Deutschland GmBH, et al. v. Glenmark Pharms. Inc., 748 F.3d 1354 (Fed. Cir. 2014) - Obtained affirmance of non-obviousness verdict and damages award on behalf of client Abbott.
- United Therapeutics v. SteadyMed, Ltd. (Fed. Cir. 2017) - Obtained affirmance of Patent Trial and Appeal Board decision invalidating all claims of patent for treatment of Pulmonary Arterial Hypertension
- Technology Properties Limited v. Huawei, et al., (Fed. Cir. 2018) - Obtained affirmance of summary judgment of non-infringement in computer technology case on behalf of client Samsung and joint defendants.
- Sophos Ltd. v. Iancu (Fed. Cir. 2018) - Obtained reversal of Patent Trial and Appeal Board decision that had invalidated claims of client’s anti-malware patent.
- Xitronix v. KLA Corporation (Fed. Cir. 2019) – Obtained affirmance of summary judgment in patent-related antitrust case and defeated two petitions for certiorari.
- Green Mountain Glass v. St. Gobain (Fed. Cir. 2019) – Represented glass bottle manufacturer in appeal and cross-appeal in patent infringement case.
- Lawrence v. Medtronic (9th Cir. 2020) - Obtained affirmance of ruling dismissing claims in medical device case based on federal preemption.
- Personal Beasties Group v. NIKE, Inc. (Fed. Cir. 2020) - Obtained affirmance of dismissal of patent infringement complaint based on patent-ineligible subject matter.
- Dr. Seuss Enterprises v. ComicMix, 983 F.3d 443 (9th Cir. 2020) – Obtained reversal of summary judgment of copyright fair use
- Arbmetrics v. Dexcom (Fed. Cir. 2020) – Obtained affirmance of summary judgment of no patent infringement
- Fouad v. State of Qatar (9th Cir. 2021) – Obtained affirmance of forum non conveniens dismissal and denial of motion to compel arbitration
Other Representative Matters
- Represented or representing clients in appeals involving patent, trademark, copyright, class action, False Claims Act, labor law, bankruptcy, and other issues
- Has had significant roles in over 100 appeals, including over 50 Federal Circuit appeals
- Obtained orders authorizing seizures of counterfeit and unauthorized merchandise on behalf of the NFL and NFL Properties LLC in connection with SuperBowl XXXVII in San Diego
- Represents a diverse roster of major companies in trial-level patent litigation in technology and life sciences in federal district courts and the International Trade Commission
- Represented veterans organizations pro bono as amici in proceedings before Federal Circuit and United States Supreme Court, including successful amicus brief in Federal Circuit’s landmark Procopio v. Wilkie en banc decision
- Represents clients regularly at certiorari stage in United States Supreme Court
- J.D., University of Virginia 1999
Order of the Coif
Virginia Law Review
- B.A., Philosophy, Politics and Economics, University of Oxford 1995
First Class Honors
- B.A. and M.A., Emory University 1993
Phi Beta Kappa
summa cum laude
- The Legal 500 United States
2019 - Recommended, Patent Litigation: Full Coverage
- Mentioned, "Tech Giants Urge Justices To End IP Damages 'Loophole'," Law360, February 13, 2020
Memberships And Affiliations
- Past Lawyer Representative to the Ninth Circuit Judicial Conference, Southern District of California
- Legal Aid Society of San Diego, Member and Past President of Board of Directors
- Federal Bar Association, Advisory Board Member and Past President of the San Diego Chapter
- Merit Selection Panel for Appointment and Reappointment of Magistrate Judges, Southern District of California, Chair (2009)
- Local Rules Committee for Southern District of California (2009), Member
- San Diego County Bar Association Ethics Committee, Member (2009 - 2013)
- Louis M. Welsh American Inn of Court, Alumnus
- Promises2Kids Foundation, Board Member (2005 - 2011)
- Association of American Rhodes Scholars, Board Member (2004 - 2014)
- Adjunct Professor of Law, University of San Diego School of Law, courses in patent litigation and constitutional law (2006-2007 and 2010-2011)
My latest insights
Supreme Court’s Warhol decision clarifies limits of copyright fair use
23 May 2023 .6 minute read
At the front lines of law and policy – the evolving role of the appellate lawyer
30 November 2022 .1 minute read