FacultyFaculty/Author Profile
Holly A. Hogan

Holly A. Hogan

K&L Gates LLP

San Francisco, CA, USA


OVERVIEW

Ms. Hogan is a partner in the San Francisco office of K&L Gates focusing on intellectual property litigation.  She works with technology and consumer goods companies to resolve intellectual property disputes with the “business big picture" in mind – whether it be through negotiation, litigation, or trial.  Her practice spans the full spectrum of intellectual property litigation and includes patent, trademark, and copyright matters before federal courts, the International Trade Commission, and the Federal Circuit.  She has been recognized as a “Rising Star” for intellectual property litigation by Super Lawyers Magazine, and was named to The Recorder’s “Lawyers on the Fast Track” list.

Ms. Hogan has both jury and court trial experience, as well as experience in all phases of litigation from the filing of a complaint through appeal.  She has examined witnesses at trial, and deposed executives and other key witnesses.  Ms. Hogan has also counseled clients on intellectual property issues, including pre-suit negotiations and developing strategies with respect to lawsuits filed against the clients’ customers.  

Ms. Hogan has represented clients in patent litigation involving a variety of technologies, including wireless data cards, video transcoding software, video games, networking, vehicle tracking, and web application servers.  Additionally, Ms. Hogan has worked with clients in the consumer goods industry in trademark and copyright litigation.  She is also particularly skilled at working with companies that are newcomers to intellectual property litigation, as well as companies that need strategy coordination across multiple lawsuits. 

Her track record of finding solutions to IP-related disputes includes:]
  • Obtaining summary judgment of invalidity and non-infringement in a patent infringement suit involving a patent that had previously survived re-examination.
  • Obtaining summary judgment of infringement and a prospective injunction for a trademark owner.
  • Obtaining early, "zero dollar” dismissal in a patent infringement suit by identifying a licensing defense due to extensive knowledge of the client’s business.
In her pro bono practice, Ms. Hogan has helped victims of sexual harassment and assault, as well as victim advocacy groups. 

PROFESSIONAL BACKGROUND

Prior to joining the firm, Ms. Hogan worked for another area law firm where she represented business and individual clients in trial and appellate matters with an emphasis on complex litigation, as well as employment law and constitutional law. Ms. Hogan was also a Deputy District Attorney at a bay area District Attorney’s office where she first-chaired jury trials.  

Ms. Hogan is a graduate of Harvard Law School, where she served as student body president, and was the recipient of both the Kaufman Fellowship and the Dean’s Award for Community Leadership.  She is currently the President of the Harvard Law School Association of Northern California.  She received her undergraduate degree from the University of San Francisco, where she was also student body president, as well as the Valedictorian.  The University of San Francisco recognized Ms. Hogan as the inaugural recipient of the Distinguished Recent Graduate Award.

In her pro bono practice, Ms. Hogan has assisted student victims of sexual harassment and assault with the Department of Education, Office for Civil Rights complaint process, and she frequently writes and speaks on this subject.  On behalf of victim advocacy groups, Ms. Hogan submitted an amicus curiae brief to the California Supreme Court in a criminal case, urging the California Supreme Court to reject the defendant’s efforts in the appeal of his conviction to erode California’s rape shield law.  In a unanimous decision favoring victims, the California Supreme Court upheld the defendant’s conviction.  People v. Fontana, 49 Cal.4th 351 (2010).  Ms. Hogan was also part of a team of K&L Gates attorneys that obtained asylum for a woman who was subject to gender violence in her home country.  She also successfully defended a courtroom sketch artist in a contempt matter.

PUBLICATIONS
  • “Minding the Store: Trade Dress Protection for Retail Store Designs,” Landslide, A Publication of the ABA Section of Intellectual Property Law, Volume 6, No. 4.  March/April 2014.
  • Intervening Rights Following Reissue: Protecting an Accused Infringer’s Pre-Reissue Activity, ABA Intellectual Property Litigation Newsletter, Volume 21, No. 4.  Summer 2010.
  • What Athletic Departments Must Know About Title IX and Sexual Harassment, Marquette Sports Law Review, 16 Marq. Sports L. Rev. 317.  Spring 2006.
  • Title IX Requires Colleges & Universities to Eliminate the Hostile Environment Caused by Campus Sexual Assault, Security on Campus, Inc. April 2005.
  • The Real Choice in a Perceived "Catch-22": Providing Fairness to Both the Accused and Complaining Students in College Sexual Assault Disciplinary Proceedings, Journal of Law and Education, 38 J.L. & Educ. 277, April 2009.
  • Changing Social Norms? Title IX and Legal Activism Comments from the Spring 2007 Harvard Journal of Law & Gender Conference, Harvard Journal and Law and Gender, 31 Harvard J.L. & Gender 367, Comments by Holly Hogan, Summer 2008.
  • The False Dichotomy of Rape Trauma Syndrome, Cardozo Journal of Law and Gender, S12 Cardozo J.L. & Gender 529.  Spring 2006.
PRESENTATIONS
  • IP Bytes, Hot Topics in Trademark Law, Bar Association of San Francisco Intellectual Property Section, July 2013
  • Discovery Best Practices, K&L Gates Professional Development Program, December 2011
  • Harvard Law School Journal on Law & Gender, Changing Social Norms? Title IX and Legal Activism, Panelist, Title IX and Sexual Assault Panel, Spring, 2007
  • Seattle University Master of Sports Administration and Leadership Program, Title IX and Sexual Assault, Presenter, Fall, 2007 and Fall, 2009
PROFESSIONAL/CIVIC ACTIVITIES
  • Harvard Law School Association of Northern California, President  
  • Board of Advisors, University of San Francisco's Leo T. McCarthy Center for Public Service and the Common Good
  • Executive Committee, Bar Association of San Francisco Intellectual Property Section
  • Charter Member and Mentoring Program Chair, the CLUB Silicon Valley (An Incubator of Women Leaders)
  • WILPOWER program participant, Leading Women in Technology (2012 program)we
AWARDS
  • University of San Francisco, Distinguished Recent Graduate Award
  • Named to The Recorder’s 2013 Lawyers on the Fast Track list, recognizing 50 attorneys whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders
  • Northern California Super Lawyers, “Rising Star”
ADMISSIONS
  • California
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Southern District of California
  • United States District Court for the Eastern District of California
EDUCATION

J.D., Harvard Law School, 2005 
B.A., University of San Francisco, 2002 (magna cum laude

REPRESENTATIVE WORK
  • Implicit Networks, Inc. v. F5 Networks, Inc. (Northern District of California) Obtained summary judgment of both non-infringement and invalidity for F5 Networks, Inc. in patent infringement suit involving network technology patents that had previously survived re-examination, following a successful claim construction ruling.  Patentee voluntarily dismissed appeal. This victory was profiled in the firm’s Law360 IP Practice Group of the Year award, available here.
  • San Miguel v. Ramar Foods, International, (Central District of California) Obtained summary judgment and an injunction on Ramar’s trademark infringement claim over San Miguel’s use of the trademark “Magnolia.”
  • DNT, LLC v. Novatel Wireless, Inc. (Eastern District of Virginia) Complete jury defense verdict for Novatel Wireless, Inc. in a matter against patent holding company Acacia involving wireless data cards.  
  • Neustar, Inc. v. F5 Networks, Inc. (Northern District of California)  Represented F5 in a breach of contract case brought by Neustar, Inc. involving a technology license.  Following depositions of key witnesses and the exchange economic expert reports, the case settled on terms favorable to F5.
  • MedioStream v. Acer, Inc., et al (Northern District of Californial) Represented Acer and Gateway in patent infringement action transferred from the Eastern District of Texas to the Northern District of California following a successful petition for writ of mandamus to the Federal Circuit. Case resolved.
  • SPH America, LLC v. Novatel Wireless, Inc. (Southern District of California) Represented Novatel Wireless in patent infringement action in the Southern District of California involving 3G technology.  Case resolved.
  • Wistron v. Samsung Electronic Co., (Northern District of California) Represented Wistron in a patent infringement action brought by Samsung relating to computer keyboard functions, battery power-saving, and data storage and retrieval.  The parties entered into a patent license agreement on a mutually acceptable basis, and the lawsuits between them were dismissed.
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