Robert F. Kramer
Robert (“Rob”) Kramer is nationally recognized as one of the most experienced, successful, results-oriented, and winning patent litigators in the country. He has been named by IP Law360 a “Legal Lion” for his lead counsel patent infringement jury trial victories. Recently, in 2021 Mr. Kramer was lead counsel for plaintiff winning a $172.6 million jury verdict of willful infringement, the full amount requested at trial, against Micro Focus Corp., a publicly traded company that acquired Hewlett-Packard’s software business. This resounding victory was the largest jury verdict in the history of the Sherman Division courthouse in the U.S. District Court for the Eastern District of Texas. The case settled in 2021 with Micro Focus paying Mr. Kramer’s client $67.5 million cash, as reported in the U.S. and U.K. press and in Micro Focus’ public SEC filings. Rob was likewise lead trial counsel winning two jury trials in the widely followed Finisar litigation, one of the largest patent infringement cases in the country between competitor optical networking companies. The jury returned a verdict in favor of Mr. Kramer’s client within two hours of his closing argument in the second of these heavily fought jury trials.
Mr. Kramer has represented inventors, Fortune 500 companies, as well as startups in a wide variety of industries and has extensive experience litigating and advising clients in patent licensing negotiations. IAM Patent 1000 recognized Rob in 2019 as one of the world’s leading patent professionals, stating “Robert gives exceptionally clear advice and has an encyclopedic knowledge of USPTO and litigation procedure and tactics. With him, you know you are getting the best advice available.” IAM Patent 1000 reported last year: “Rob enjoyed a banner 12 months in the courtroom,” including “scoring a total victory” in a “bet-the-farm case – one of the largest in the Northern District of California.”
Rob was a partner and national chair of the Dentons law firm’s Patent Litigation Practice from 2012-2019 before he and his team joined the Kramer Day firm (then Feinberg Day), as was widely reported in The American Lawyer, IP Law 360, and other publications. He is a frequent author and lecturer on patent and intellectual property law topics and was an adjunct professor of law at Temple University and a guest lecturer at Waseda University in Tokyo teaching patent law. Rob serves as the co-chair of the American Bar Association Intellectual Property Litigation Committee’s Section 112 Subcommittee.
He served on the Board of Governors of the Association of Business Trial Lawyers. Rob is Chambers ranked, and consistently honored as a “Northern California Super Lawyer” in IP Litigation, including in 2021. He has been recognized as a leading patent practitioner by Law360, IAM Patent 1000, Super Lawyers, Legal 500 US and BTI Consulting. Rob started his career in New York. He was a judicial extern for U.S. District Judge Kevin Duffy, U.S. District Court for the Southern District of New York, and was a Judicial Law Clerk for Judge Richard Simons, Associate Judge of the New York Court of Appeals. He was trained as a litigation associate at a major New York law firm for five years before relocating to San Francisco/Silicon Valley to continue practicing as an intellectual property litigator where he was a full equity partner at Morrison & Foerster LLP.
Rob has represented clients in patent disputes involving a wide range of products and industries, including wireless technologies, networking, mobile and cellular telecommunications, smart grid utility networking systems, data compression and transmission, microprocessors, power over ethernet (PoE), IEEE 802.3, programmable logic arrays (PLAs), semiconductor manufacturing and packaging equipment, light-emitting diodes (LEDs), optics and optical networks, wavelength selective switches (WSS and ROADMs), databases, software, graphics, electronic gaming, industrial equipment, chemicals and adhesives, biometric authentication, and Internet and business method patents. In addition, Rob has worked with standard essential patents (SEP) and FRAND licensing.
He has extensive experience both representing and litigating against Asian companies in patent litigation and adversarial patent cross-licensing disputes. Rob lived in Tokyo for three years and was a registered Gaikokuho-Jimu-Bengoshi and a member of the Daini Tokyo Bar Association while a patent litigation partner in Morrison & Foerster’s Tokyo office.
- Rob was named a “fabulous trial lawyer” who “recently won a complete victory for defendant in a six patent case” by The Legal 500 US, and described Rob and his patent litigation team as being “consistently excellent” that “creates a comprehensive strategy based on patent knowledge, the industry landscape and opposing counsel.”
- Rob has been repeatedly peer voted as a “Super Lawyer in IP Litigation” for the past 15 years, including in 2021.
- Ranked by IAM Patent 1000: The World’s Leading Patent Professionals in 2018 and 2017, reporting that Rob “has an outstanding track record” and “enjoyed a banner 12 months in the courtroom,” including “scoring a total victory” in a “bet-the-farm case— one of the largest in the Northern District of California.”
- Ranked by Chambers for IP Litigation in 2018-2019.
- IP Law360 named Rob as an elite “Legal Lion” in 2017 for his significant jury trial victories in complex patent infringement litigations against formidable law firms.
- Recommended, The Legal 500 in the area of Patent Litigation, 2018.
- Recognized Practitioner, Chambers USA: America’s Leading Lawyers for Business, Intellectual Property: Patent, 2018.
- Ranked, Intellectual Asset Management (IAM) Magazine’s Patent 1000, California Intellectual Property-Litigation 2018.
- Repeatedly named as a “Super Lawyer” by San Francisco Magazine/Daily Journal, including in 2020.
- Featured: Current Developments United States – “US Supreme Court to Decide Important Patent Exhaustion Questions on Foreign Sales and Post-sale Restrictions,” Journal of the Intellectual Property Society of Australia and New Zealand, March 2017.
- Mr. Kramer’s back-to-back patent infringement jury trial victories in the Finisar Corp. v. Nistica, N.D. Cal. Case No. 5:13-cv-03445 case, were reported in ALM Media California Verdict Search as among the most significant Intellectual Property verdicts in 2016 (www.verdictsearch.com) Vol. 15, Issue 40, at 20-21, October 10, 2016).
- Mr. Kramer’s IP litigation team in Silicon Valley named the winner of Corporate LiveWire – Global Awards 2016 & 2017 for “IP Litigation.”
- Featured: Current Developments United States – “The Federal Circuit’s First Reversal of an Inter Partes Review Decision by the Patent Office: What does this mean going forward in IPR proceedings?”, Journal of the Intellectual Property Society of Australia and New Zealand, December 2015.
- After Fed. Circ. Urged Rethink, Albright Won’t Move Dish Case, IP Law360, Sept. 3, 2021.
- Patent Suit Against HP Spinoff Settles For $68M, IP Law360, July 16, 2021.
- Patent Case Against Dish Belongs In Texas, Fed. Circ. Told, IP Law360, June 15, 2021.
- Dish Cues Up Another Albright Transfer Fight At Fed. Circ., IP Law360, June 1, 2021.
- Intel Beats VLSI’s Bid For $3B In 2nd Chip Trial, IP Law360, April 21, 2021.
- EDTX Jury Hits HP Spinoff With $172.6M Patent Verdict, IP Law360, March 8, 2021.
- Google Wants Texas Website IP Suit Shipped To Calif., IP Law360, January 26, 2021.
- Google Says Rushed Website IP Suit Misses The Mark, IP Law360, Nov. 9, 2020.
- Google, Facebook, 7 Other Tech Cos. Sued Over Website IP, IP Law360, Sept. 2, 2020.
- IP Hires: Pillsbury, Desmarais, Feinberg Day, Law360, June 14, 2019.
- Feinberg Day Nabs 2 IP Partners From Dentons, IP Law360, June 12, 2019 (reporting about expansion of powerhouse boutique IP patent litigation law firm in April 2021).
- Feinberg Day in Growth Mode With The Addition of Team of Five Litigators From Dentons and Haynes and Boone, PR Newswire June 4, 2019.
- Jumping From Megafirm to Boutique, Dentons Partners Expand Shingle at Feinberg Day, The American Lawyer, June 4, 2019.
- Top Female IP Litigators Give Tips On Combating Gender Bias, IP Law360, June 15, 2017. Mr. Kramer a keynote panel speaker at the “Women In Intellectual Property Law: Silicon Valley” conference held in Palo Alto, California, in June 2017. He was the only male speaker invited to participate at the conference.
- Silicon Valley Judge Freeman Developing Brand Name for IP Trials, The Recorder, March 13, 2017.
- Dentons Secures Two Huge Jury Verdict Trial Wins In Major Competitor Patent Infringement Case For Optical Networking Client In Finisar v. Nistica Case, January 23, 2017.
- Co-author,” Federal Circuit Provides Guidance On Patent Damages and Apportionment,” QuickReadBuzz (National Assoc. of Certified Valuators and Analysts), April 18, 2018.
- Co-author, “Exmark: Reasonable Royalty Damages, Apportionment and Expert Opinions,” IP Watchdog, February 2, 2018.
- Co-author, “Federal Circuit Recognizes a Broad Scope of Attribution Under the Doctrine of Divided Infringement,” IP Watchdog, January 17, 2018.
- Co-author, “Supreme Court Eliminates Key Defense Patent Infringement,” IP Watchdog, March 28, 2017.
- Co-author, “US Supreme Court to Decide Important Patent Exhaustion Questions on Foreign Sales,” Journal of the Intellectual Property Society of Australia and New Zealand, March 2017.
- Co-author, “Supreme Court to Decide Whether Supplying a Component from the United States to a Manufacturing Facility Abroad Can Constitute Patent Infringement,” Intellectual Properly & Technology Law Journal, Vol. 29, Feb. 2017.
- “Judge Backs Nistica’s Win In Finisar Network,” January 23, 2017.
- Co-author, “Federal Circuit to Review Availability of Appeal of Patent Trial and Appeal Board Institution Decisions,” January 6, 2017.
- Co-author, “Litigating Willful Patent Infringement in a Post-Halo World,” IP Watchdog, December 8, 2016.
- Co-author, “US Supreme Court to Decide Important Patent Exhaustion Questions on Foreign Sales and Post-Sale Restrictions,” IPFrontline, December 8, 2016.
- Co-author, “Just How Certain is ‘Reasonable Certainty’ In Patent Litigation? Some Practical Tips to Meet the Evolving Standard for Indefiniteness,” Journal of the Intellectual Property Society of Australia and New Zealand, March 24, 2016.
- Co-Author, “The Federal Circuit’s First Reversal of an Inter Partes Review Decision by the Patent Office: What does this mean going forward in IPR proceedings?,” Journal of the Intellectual Property Society of Australia and New Zealand, December 2015.
- Co-author, “FRAND Ruling Brings Options For Patent Licensees: Microsoft Corp. v. Motorola, Inc“, IP Law360, August 17, 2015.
- Co-author, “What Proxyconn Means For Future Inter Partes Reviews,” IP Law360, July 14, 2015.
- Co-author, ” Tips For Meeting The Evolving Standard For Indefiniteness,” IP Law360, May 5, 2015.
- Co-author, “Navigating The Post-Akamai Landscape: Recent Changes In the Law Of Induced Patent Infringement”, IP Law360, October 10, 2012.
- Co-author, “Coordinating Litigation and Re-Examination,” The Recorder, June 1, 2012.
- Co-author, “Patent Infringement Liability: What Is The ‘Entire Market Value’?,” San Francisco Daily Journal, April 18, 2012.
- Co-author, “Patent Infringement Liability: The Entire Market Value Rule?,” Los Angeles Daily Journal, April 18, 2012.
- Contributing author, “A Closer Look at IP Damages,” Edison In The Boardroom Revisited: How Leading Companies Realize Value from Their Intellectual Property, Appendix C, John Wiley & Sons, 2011.
- Co-author, “What Did You Invent?: The Federal Circuit En Banc Revisits The Patent Law’s Written Description And Enablement Requirements,” Westlaw Journal Intellectual Property, Vol. 16, No. 24, March 23, 2010.
- Co-author, “The Federal Circuit’s En Banc Consideration of Claim Construction in Phillips v. AWH Corp.,” Patent Strategy & Management, ALM, March 2005.
Rob served as pro bono legal counsel for Kids Cooking For Life, a Bay Area nonprofit corporation that provides programs for economically disadvantaged children, teaching the importance of nutrition and healthy cooking and eating habits as well as addressing childhood obesity diseases such as type 2 diabetes.
- Speaker, Opal’s Global ABS and Structured Finance Summit 2021, “Patent Litigation Strategy & Financing,” New York Conference, January 28, 2021.
- Speaker, Silicon Valley Association of General Counsel (SVAGC), 29th Annual Meeting, Advanced Intellectual Property Litigation Strategies, Santa Clara Convention Center, Silicon Valley, CA, October 16, 2018.
- Speaker, Licensing Executives Society International (LESI) 2018 Annual Conference, San Diego, California, April 30, 2018.
- Speaker, Women In Intellectual Property & Law IP Strategy Summit Silicon Valley, “Lessons Learned and Issues Confronted By Women IP Litigators,” Palo Alto, California, June 14, 2017.
- Speaker, 5th Annual IP Strategy Summit: Silicon Valley, “NPE Defense and Best Practices: It Depends Is Not a Strategy,” Palo Alto, California, June 13, 2017.
- Speaker, IP Counsel Cafe 2017 Annual Conference “Advanced Strategies for Litigating An IPR and Co-Pending Patent Infringement Action in District Court,” Palo Alto, CA, May 10-11, 2017.
- Speaker, Silicon Valley Association of General Counsel (SVAGC), 27th Annual Meeting, “Managing Risk: Changes In The Law Of Willful Infringement and Recovery of Enhanced Damages And Attorneys’ Fees in Patent Infringement Litigation,” Santa Clara Convention Center, Silicon Valley, CA, November 17, 2016.
- Speaker, 2nd Annual IP Strategy Summit, “Patent Infringement Litigation Between Competitor Companies, Advanced Strategies,” Seattle, Washington, October 18, 2016.
- Speaker, IP Counsel Cafe 2016 Annual Conference “Patent Protection in Flux: Emerging Trends and How to Respond: Standard Essential Patents — Developments in FRAND Damages, Palo Alto, CA, May 3-4, 2016.
- Speaker, “Definite Change: Nautilus Gets Some Traction, The Law of Patent Claim Indefiniteness,” Intellectual Property Owners Association (IPO) Chat Channel webinar, October 7, 2015.
- Speaker, Silicon Valley Association of General Counsel (SVAGC), 26th Annual All Hands Meeting, “Patent Litigation Strategy in 2014,” Santa Clara Convention Center, CA, November 2014.
- Speaker, IP Strategy Summit: Patent Enforcement, “Post-Grant Review, Inter Partes Review (“IPR): Coordinating District Court and ITC Patent Litigation with IPR Strategy,” Palo Alto, CA, June 19, 2014.
- Speaker, the IP Defense Summit, “Patent Infringement Litigation Between Competitor Companies: Advanced Strategy & Management Issues,” Four Seasons, Palo Alto, CA, January 21, 2014.
- Speaker, Silicon Valley Association of General Counsel (SVAGC), 25th Annual All Hands Meeting, “Advanced Management of IP & Patent Litigation Risks,” Santa Clara Convention Center, CA, December 4, 2013.
- Speaker, IP Law & Management Institute, “Successfully Managing Your IP Assets: Advanced Strategies for IP Management, Risk Assessment and Managing Patent Litigation,” San Diego, CA, November 3, 2013.
- Speaker, IP Strategy Summit: Patent Enforcement, “Likely Defenses Presented When Enforcing Your Patents Against Competitors: Moves and Counter-Moves,” Palo Alto, CA, October 17, 2013.
- Speaker, “Strategies in Light” 14th annual LED and lighting conference, “IP Business and Strategies in the LED Industry,” Santa Clara Convention Center, Santa Clara, CA, February 2013.
- Speaker, Corporate Counsel Magazine’s 4th Annual “Controlling Legal Costs” Conference, New York City, November 28, 2012.
- Speaker, “Coordinating Patent Infringement Litigation with Reexamination: Strategies,” American Lawyer Media IP Panel Speaker Program, Palo Alto, CA, April 2012.
- Speaker, “The International Trade Commission (ITC) § 337 Patent Cases, NPEs, and Post-Grant Proceedings,” Intellectual Property Owners Association (IPO), US Patent Office Inter Partes Proceedings Committee, November 2011.
- Speaker, “Recent Developments in ITC Patent Litigation: Nonpracticing Entities (NPEs) in § 337 Patent Cases in the ITC,” Corporate Counsel 7th Annual IP Counsel Forum, San Jose, CA, March 2011.
- Speaker, “Patent Reexamination Strategies In US Patent Litigation,” Association of Corporate Counsel, San Francisco, CA, November 2009.
- Speaker, “The Essential Skills and What You Need to Know About Business Development,” ABTL Young Lawyers Committee, San Francisco, CA, October 2009.
- Speaker, “Working With an Expert Witness at Trial: Strategies and Tips for Intellectual Property and Business Litigators,” ABTL, LDC, San Francisco, CA, September 2008.
- Co-Chair, American Bar Association’s IPL (Intellectual Property Litigation) Patent Litigation Committee’s Section 112 Subcommittee, 2018-2021
- Board of Governors, Association of Business Trial Lawyers, Northern California Division, 2008- 2010
- Member, Intellectual Property Owners Association (“IPO”), 2004-present
- Member, The Sedona Conference, Patent Litigation Best Practices and Markman Process and Claim Construction Practice Groups
- Member, British American Business Council chapter in Northern California, 2011- 2012
- Member, San Francisco Bay Area Intellectual Property American Inn of Court, 2010-2019
- American Bar Association Member, Intellectual Property Law Section, 1996-present
- Member, American Intellectual Property Law Association, IP Practice in Japan Committee, 2008- present
- Moot Court Judge, University of California, Hastings College of the Law, 2010- 2017
- Member, Daini Tokyo Bar Association, 2000- 2001
- Member, Federal Circuit Bar Association, 2004- 2009
- Member, International Trade Commission Trial Lawyers Association, 2005-2010
- Member, Japan Society of Northern California, 2017-2019
- Member, Licensing Executives Society, Northern California Chapter, 2004-2007
- The Bar Association of San Francisco, Co-chair, Public Education and Affairs Committee, Barrister’s Club, 1998
- Rob served as an Adjunct Professor of Law at Temple University School of Law in Tokyo, Japan. He taught a course contrasting patent litigation and strategy in the US and Japanese court systems. He also served as an Adjunct Professor at Waseda University in Tokyo, Japan, lecturing about US IP Law.
- Rob has served as an ICC arbitrator in an arbitration under the auspices of the International Court of Arbitration.
- In Japan, Rob was a registered Gaikokuho-Jimu-Bengoshi and a member of the Daini Tokyo Bar Association while practicing law for three years as a patent litigation partner in Morrison & Foerster LLP’s Tokyo office from 1998 to 2001.
Brooklyn Law School, New York, NY 1989
Law Review Editor
Dean’s Merit Scholarship
Bachelor of Arts (cum laude), English Literature 1986
New York University, New York, NY
Merit Scholar, Dean’s List
New York State Bar
S.D. New York
E.D. New York
N.D. New York
W.D. New York
Federal Circuit Court of Appeals
Second Circuit Court of Appeals
Ninth Circuit Court of Appeals
Pro hac vice admission W.D. Texas, Delaware, S.D. Florida, E.D. Michigan, New Jersey, PTAB in United States Patent Office
Registered Gaikokuho-Jimu-Bengoshi and member Daini Tokyo Bar Association (formerly)
S.D. New York
E.D. New York
International Trade Commission