Sean Callagy has a wide range of experience in commercial litigation matters, focusing on cutting edge intellectual property and technology cases. 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. Sean 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. He 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.
Sean also has provided counseling and pre-suit advice to clients concerning copyright, trademark, patent matters, contractual and antitrust matters. Sean has written and spoken on copyright law developments, including at the Rocky Mountain IP Conference and on IP Year in Review presentations. Sean’s areas of focus have included copyright remedies, affirmative defenses such as the statute of limitations and fair use, the DMCA, and the intersection of copyright law with technological developments.
Sean is 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. He co-chairs the firm’s Privilege Committee and is a subject-matter expert on matters of attorney-client privilege and the work-product doctrine.
He 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, Sean 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, Sean was a Fulbright Fellow in Hamburg, Germany, where he taught at the Emilie-Wüstenfeld-Gymnasium and attended the University of Hamburg. He is fluent in German.
Outside of the practice of law, Sean enjoys time with his family, and is also an avid sailor. In 2022, he was part of a two-man team that won the U.S. National Championship in the International 110 sailboat class.
Experience
- Major technology company in response to allegations of potential copying and use of copyrighted dataset for machine learning purposes. Matter resolved on behalf of client without claims being asserted.
- Multinational technology company in counseling and litigation with respect to copyright and trademark infringement claims implicating digital services offed in United States and overseas. Advised on changes to technology and content to reduce risk exposure.
- Defendant in response to pre-lawsuit copyright infringement demands arising from web-based display and use of copyrighted photographic content. Investigated and identified substantial discrepancies regarding validity of asserted copyright registrations. Matter resolved without suit being filed.
- 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. Matter settled days before jury selection.
- Tevra Brands LLC v. Bayer Healthcare LLC (N.D. Cal.) in securing a complete defense verdict in antitrust claims concerning pet flea and tick products.
- ATopTech Inc., defendant in a software copyright and patent infringement matter tried to jury verdict. Synopsys Inc. v. ATopTech Inc. (N.D. Cal.). Assisted in securing dismissal of majority of asserted claims before trial or upon Rule 50 motion.
- 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.).
- 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.
- 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.).
- Major international video game maker in connection with copyright and DMCA-related counseling.
Perspectives
Recognition
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