Sean Callagy has a wide range of experience in  intellectual property and general commercial litigation matters. He has litigated in federal and state courts, including claims under federal patent and copyright laws, the Lanham Trademark Act, and trade secret law in several jurisdictions. He has also litigated contract and business tort matters, as well as cases arising under the Sherman Antitrust Act and state unfair trade practice statutes. Mr. Callagy has represented clients at all stages of proceedings, from administrative agencies to federal and state trial courts and courts of appeal. Mr. Callagy has significant courtroom experience. This includes acting as second-chair in a three-week federal 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

  • Datel Design & Development, Ltd. in pursuing monopolization claims relating to video game accessories and defending copyright, trademark, DMCA, patent, and trade secret claims. Datel Design and Development, Ltd. v. Microsoft
  • 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.
  • Hewlett-Packard Company in a trade secret and unfair competition action relating to portable monitors. Mobile Monitors Technologies, LLC v. Hewlett-Packard Company
  • ATopTech, Inc. in a copyright and patent infringement matter. Synopsys, Inc. v. ATopTech, Inc.

Perspectives

When Does a Copyright Owner’s Right To Sue Attach?
Intellectual Property & Technology Law Journal
United States Supreme Court to Tackle Copyright Registration Debate
Advisory
PTAB Held Court of Claims Proceeding Didn't Trigger One-Year Bar for Filing Petitions for Inter Partes Review
Advisory
Recent Patent Trial and Appeal Board Decision Questions the Patentability of Health IT Data Encryption Technology
Digital Health Download

Recognition

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

Credentials

Education
  • JD, University of California, Berkeley, School of Law, 2007
  • BA, University of California, Berkeley, 2003, high honors, Phi Beta Kappa
Admissions
  • 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
Clerkships
  • US District Court, Southern District of Texas, The Honorable Micaela A. Alvarez
  • United States Court of Appeals, Fifth Circuit, The Honorable Harold R. Demoss, Jr.
Languages
  • German
Overview

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