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Sean Callagy has a wide range of experience in commercial litigation matters. He has litigated widely in federal and state courts, including claims under copyright, patent, trademark and trade secret laws, contract and business tort laws, and the Sherman Antitrust Act and state unfair trade practice statutes. Mr. Callagy has represented clients of all sizes, from startups to established enterprises, in proceedings before administrative agencies and federal and state trial and appellate tribunals, in all stages of litigation ranging from preliminary remedies to post-trial motions. Mr. Callagy also has significant courtroom experience in state and federal courts and agencies, having taken a lead or second-chair role in a wide range of trials and related proceedings in various tribunals.

Mr. Callagy also has provided counseling to clients concerning copyright, trademark, and patent matters, as well as antitrust implications from the formation of patent pools and merger clearance by antitrust enforcement agencies.

Mr. Callagy is known as a precise and tenacious thinker and writer, and well-versed in all aspects of practice, procedure and strategy involving civil litigation, from pre-suit investigations to pleadings, discovery to trial and remedies. Mr. Callagy co-chairs the firm’s Privilege Committee and is considered a subject-matter expert on matters of attorney-client privilege and the work-product doctrine.

Mr. Callagy also maintains an active pro-bono practice, having assisted veterans in seeking benefits and related claims, and working on behalf of victims of domestic violence in seeking restraining orders.

While in law school, Mr. Callagy served as an extern to the Honorable Magistrate Judge Joseph C. Spero of the United States District Court for the Northern District of California. He served as Editor-in-Chief of the Berkeley Business Law Journal and was a member of the Board of Advocates.

Prior to law school, Mr. Callagy was a Fulbright Fellow in Hamburg, Germany, where he taught at the Emilie-Wüstenfeld-Gymnasium and attended the University of Hamburg. Mr. Callagy is fluent in German.

Outside of the practice of law, Mr. Callagy enjoys time with his wife and sons, and is also an avid sailor. In 2022, Mr. Callagy was part of a two-man team that won the U.S. National Championship in the International 110 sailboat class.

Experience

  • Crocs Inc. in numerous matters raising patent, trademark, false advertising, antitrust, business tort, and other related matters concerning proprietary footwear designs and manufacturing methods in U.S. district courts and the Federal Circuit. Crocs Inc. v. Cheng’s Enterprises Inc. (D. Colo.); U.S.A. Dawgs Inc. v. Crocs Inc. (D. Colo., D. Nev., Fed. Cir.); In the Matter of Certain Casual Footwear and Packaging Thereof (ITC); Crocs Inc. v. Joybees Inc. (D. Colo.).
  • Dolby Laboratories Licensing Corp. v. Adobe Inc. (N.D. Cal.) in defending breach of contract and copyright claims arising from a set of licensing agreements pertaining to audio technologies.
  • Datel Design & Development Ltd. (N.D. Cal.) in pursuing monopolization claims relating to video game accessories and defending trade secret, copyright, trademark, DMCA, and patent claims. Datel Design and Development Ltd. v. Microsoft.
  • Tevra Brands LLC v. Bayer Healthcare LLC (N.D. Cal.) in defending against antitrust claims concerning pet flea and tick products, including securing dismissal of foreign entities on personal jurisdiction grounds.
  • Trenchant Blade Technologies LLC v. Samsung Electronics Co. Ltd. (N.D. Cal. & W.D. Tex.), in patent dispute concerning semiconductor technology.
  • Hewlett-Packard Company in a trade secret and unfair competition action relating to portable monitors. Mobile Monitors Technologies, LLC v. Hewlett-Packard Company (D. Colo.).
  • Amazon.com Inc. in trademark litigation defending the use of the term "app store" in connection with mobile devices. Apple Inc. v. Amazon.com Inc. (N.D. Cal.).
  • Google Inc. & Waze Inc. in patent litigation concerning real-time information systems. LBS Innovations LLC v. Waze Inc. (E.D. Tex.).
  • Machine Zone v. Peak Web LLC (Cal. Superior) in a matter involving allegations of misappropriation of trade secrets and various breach of contract claims pertaining to various networking technologies.
  • General Electric Co. in a patent infringement action relating to digital transmission of audio and digital files, including proceedings in U.S. District Court, the PTAB, and the Federal Circuit. SightSound Technologies LLC v. Apple Inc. (W.D. Pa.; PTAB; Fed. Cir.).
  • The Saul Zaentz Company in a contract, copyright, and trademark matter relating to merchandise for The Lord of the Rings trilogy and The Hobbit. Fourth Age Ltd. v. Warner Bros. Digital Distribution et al. (C.D. Cal.).
  • ATopTech Inc. in a copyright and patent infringement matter. Synopsys Inc. v. ATopTech Inc. (N.D. Cal.).
  • Major international video game maker in connection with copyright and DMCA-related counseling.

Perspectives

Hanagami v. Epic Games: The Ninth Circuit Clarifies The Standard for Infringement of Choreographic Works
Advisory
Identifying Trends And Tips In Litigation Financing Disclosure (pdf)
Law360
Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.
IPWatchDog
Copyright Office Proposes Deferred Examination for New Registrants
Advisory

Recognition

Best Lawyers
Commercial Litigation (SF) (2024)
Landis Prize in Water Law
Recipient for a paper exploring the interplay of water rights, markets, and public choice theory (2007)

Credentials

Education

  • J.D., University of California, Berkeley, School of Law, 2007
  • B.A., University of California, Berkeley, 2003, high honors, Phi Beta Kappa

Admissions

  • California
  • Texas
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, District of Colorado

Clerkships

  • U.S. District Court, Southern District of Texas, The Honorable Micaela A. Alvarez
  • U.S. Court of Appeals for the Fifth Circuit, The Honorable Harold R. Demoss, Jr.

Languages

  • German
Overview