Teresa M. Summers represents clients in patent, commercial, and Hatch-Waxman litigation, appeals to the United States Court of Appeals for the Federal Circuit, and counseling. Her practice spans many industries, including biomedical sciences, pharmaceuticals, semiconductors, telecommunications, consumer electronics, and computer hardware and software. Ms. Summers also has extensive experience in International Trade Commission Section 337 litigation and Federal Circuit appeals, having litigated nearly a dozen actions at the ITC that resulted in exclusion orders or successful settlement.
Ms. Summers served as a law clerk to the Honorable Richard Linn of the Federal Circuit. She remains very active in Federal Circuit activities, including assisting the judges in recent Joint Judicial Conferences in Japan, China and Korea on U.S. IP rights. Ms. Summers is also active in the Federal Circuit Bar Association and is the chairperson of the Patent Reform Committee. She created the Tokyo IP American Inn of Court, the first Inn of Court based in Japan and the first American Inn of Court based outside of the U.S. For her role in the creation of the Tokyo IP American Inn of Court, Ms. Summers received a Distinguished Service Medal by the Linn Inn Alliance.
Ms. Summers received her B.S. in biology/biomedical engineering from the University of California, San Diego, and her J.D. from the Georgetown University Law Center, magna cum laude. During law school, she was active and published in the Georgetown Law Journal, was admitted to the Order of the Coif, and received the Leon Robbin Patent Award, ABA/BNA Award for Excellence in Intellectual Property Law, and the Cali Award.
- Federal Circuit Bar Association
- Patent Reform Committee
- Tokyo IP American Inn of Court
- Represented Hitachi Metals and its U.S. affiliate in an ITC investigation that was resolved by settlements and consent orders favorable to complainants prior to hearing.
- Represented Apple in obtaining a $1.05 billion jury verdict in its patent and trade dress trial against Samsung regarding smartphones and tablets. Also represented Apple successfully against Samsung at the ITC.
- Represented Cypress Semiconductor in patent litigation against competitor and importer customers of competitor.
- Represented Toshiba Corporation in a patent infringement action against several foreign manufacturers and U.S. distributors of recordable and rewritable DVDs.
- Represented respondent Fujitsu Limited in a patent infringement case involving flash memory card readers used in computers and other electronic devices. Case settled favorably shortly before the hearing.
- Represented Japan Airlines in complex litigation involving three court cases in Hawaiian federal and state courts related to failed property development on the Big Island in Hawaii. The dispute related to interpretation of bonds, development agreements and partnership law issues. This complex litigation involved seven parties in a multimillion-dollar property development being concurrently litigated in three cases.
- Represented Japan-based Hoshino and its U.S. affiliate in patent infringement actions relating to guitars and other musical instruments. Case settled on favorable terms.
- Represented Toshiba Mitsubishi Electric Industrial Corporation Ltd. of Japan and its U.S. affiliate in a patent infringement suit relating to industrial drives and wind turbines. Case settled on favorable terms after mediation.
- Represented a prisoner pro bono against the California state corrections system. Obtained favorable verdict from the Ninth Circuit.
- Represented Sharp Corporation against Samsung in four patent infringement -based investigations involving technology to improve viewing angle and response time for LCD panels used in LCD TVs and monitors. ITC found for Sharp on all four asserted Sharp patents and three of four asserted Samsung patents, and issued exclusion order and cease and desist orders banning imports and sales of Respondents’ LCD products.
- Represented Osaka-based Funai Electric Co., Ltd. in an ITC action filed against 14 manufacturers and importers of digital televisions and other related products. Represented Funai in an appeal and in the subsequent enforcement action for the exclusion order.
Publications & Lectures:
- “The Scope of Utility in the Twenty-First Century: New Guidance for Gene-Related Patents”
- Co-author, “Database Legislation: Changing Technologies Require Revised Laws” and “Medicare Act Increases Risk of Declaratory Judgment Actions against Innovators.”
- Patent Law
- Litigation in the Federal Court and the ITC
- Hatch-Waxman (ANDA) Litigation
- AIA Dispute Proceedings
- Licensing and Strategic Portfolio Counseling
- Validity and Freedom to Operate Opinions
- Enforcement and Cease-and-Desist Letters
- IP Transactions
- Copyright Law
- Trademark Law
- U.S. Court of Appeals for the Federal Ciruit
- J.D., Georgetown University Law Center
- B.S., University of California, San Diego