Sean Callagy has a wide range of experience in commercial litigation matters. He has litigated widely in federal and state courts, including claims under trade secret law, contract and business tort laws, the Lanham Act, and federal patent and copyright laws. He has also litigated matters arising under the Sherman Antitrust Act and state unfair trade practice statutes. Mr. Callagy has represented clients at all stages, from administrative agencies to federal and state trial proceedings, from preliminary remedies to post-trial motions, as well as in courts of appeal and the US Supreme Court. Mr. Callagy also has significant courtroom experience. This includes acting as second-chair in a three-week federal copyright jury trial, and also having served as a volunteer Assistant District Attorney for the City and County of San Francisco during spring of 2015, in which Mr. Callagy tried three cases to jury verdict and handled numerous other courtroom proceedings.
Mr. Callagy also has provided counseling to clients concerning general copyright, trademark, and patent advice, as well as antitrust implications from the formation of patent pools and merger clearance by antitrust enforcement agencies.
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.
Experience
- Machine Zone v. Peak Web LLC in a matter involving allegations of misappropriation of trade secrets and various breach of contract claims pertaining to various networking technologies.
- Dolby Laboratories Licensing Corp. v. Adobe Inc. in defending breach of contract and copyright claims arising from a set of licensing agreements pertaining to audio technologies.
- Datel Design & Development, Ltd. 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.
- Hewlett-Packard Company in a trade secret and unfair competition action relating to portable monitors. Mobile Monitors Technologies, LLC v. Hewlett-Packard Company.
- Amazon.com, Inc. in defending the use of the term "app store" in connection with mobile devices. Apple, Inc. v. Amazon.com, Inc.
- Google Inc. & Waze, Inc. in patent litigation concerning real-time information systems. LBS Innovations, LLC v. Waze, Inc.
- General Electric Co. in a patent infringement action relating to digital transmission of audio and digital files, including proceedings in US District Court, the Patent Trial and Appeal Board, and the Federal Circuit. SightSound Technologies, LLC v. Apple, Inc.
- Crocs, Inc. in patent and antitrust matters relating to patented footwear. Crocs, Inc. v. Cheng's Enterprises, Inc.; U.S.A. Dawgs, Inc. v. Crocs, Inc.
- 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.
- ATopTech, Inc. in a copyright and patent infringement matter. Synopsys, Inc. v. ATopTech, Inc.
Perspectives
Recognition
Credentials
- JD, University of California, Berkeley, School of Law, 2007
- BA, University of California, Berkeley, 2003, high honors, Phi Beta Kappa
- California
- Texas
- Supreme Court of the United States
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Federal Circuit
- US District Court, Central District of California
- US District Court, Northern District of California
- US District Court, Eastern District of Texas
- US District Court, Southern District of Texas
- US District Court, District of Colorado
- US District Court, Southern District of Texas, The Honorable Micaela A. Alvarez
- US Court of Appeals for the Fifth Circuit, The Honorable Harold R. Demoss, Jr.
- German