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Korula T. Cherian
Partner, San Francisco
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sunny.cherian@hoganlovells.com

K.T. (Sunny) Cherian is a leading intellectual property lawyer and Co-Head of the U.S. Intellectual Property Practice of Hogan Lovells. His practice focuses on complex patent litigation and licensing covering a wide range of technologies. He has been lead and co-lead trial counsel in dozens of complex patent cases, has successfully argued appeals before the Court of Appeals for the Federal Circuit, and has represented clients before the International Trade Commission under Section 337. Sunny has been consistently named as a “Northern California Super Lawyer" in the area of Intellectual Property Litigation by Super Lawyers magazine every year for 10 years. He is also listed in Best Lawyers in America.

Sunny has handled numerous cases in the International Trade Commission (ITC), Eastern District of Texas, the Northern, Central, and Southern Districts of California, Delaware, Virginia, Michigan, and other jurisdictions throughout the United States. He has represented his clients in all aspects of patent litigation, including trials, Markman hearings, motions for summary judgment, depositions, and other appearances. He has also assisted clients in all aspects of licensing including the negotiation, drafting, and resolution of disputes. Most recently Sunny and his team prevailed in a motion for summary judgment granting non-infringement of 16 claims in a multi-patent action involving Radio Frequency Identification technology. He was also successful in eliminating another three patents from being asserted against the same client. Ultimately, the matter settled with the patent holder paying the client $6.5M. In another matter, Sunny was able to invalidate the patent- in-suit after prominent industry participants had settled with the patent holder. 

Sunny has tackled dozens of complex patent litigations involving a variety of technologies such as electronics, integrated circuits, networking, software, analogue circuits, and mechanical devices. By utilizing a combination of legal, technical, and team-building skills, Sunny is able to provide his clients with a motivated and talented team that works collegially in obtaining cost-effective results. As a result of his technology experience, he is able to assist clients on a cost-effective basis with licensing and other contractual disputes that have technology related underpinnings.

Prior to his legal career, Sunny was involved in managing an advanced Research and Development Program in the U.S. Department of Energy and was the Project Manager for the world's then largest solar electric plant, the 10MWe Solar One Power Plant.

Prior to joining Hogan Lovells US LLP, Sunny was a partner at Howrey LLP.

REPRESENTATIVE EXPERIENCE
  • Chrimar Systems, Incorporated v. Foundry Networks, Incorporated. Represented Brocade Communications (acquired Foundry Networks, Inc.) against Chrimar Systems in the Eastern District of Michigan. The matter involved allegations of patent infringement by Foundry’s incorporation of the “Power-Over-Ethernet” industry standard. (Chrimar had also separately sued all of the other major players in the router and switch industry, including Cisco Systems and D-Link, and had successfully extracted settlements from each of them.) Foundry fought to invalidate the asserted claims and after seven years of protracted litigation, we won summary judgment of patent invalidity based upon obviousness of the asserted claim, and the case was dismissed. Chrimar appealed, but the Federal Circuit summarily affirmed the lower court.
  • Allflex USA, Inc. v. Avid Identification Systems, Inc., U.S. District Court for the Central District of California. Successfully represented a client in the Radio Frequency Identification technology field in defending against five patents. The patent holder paid our client $6.5M to settle.* 
  • Berkeley Heartlab, Inc. v. The Regents of the University of California. Represented defendant in litigation involving biotech contract and patent licensing litigation; the claim was dismissed on very favorable terms.*
  • Network-1 Security Solutions Inc. v. Cisco Systems, Inc., et al., U.S. District Court for the Eastern District of Texas, Tyler Div. Successfully represented Brocade Communication in a patent case brought by Network One. Case settled on favorable terms during trial.*
  • O2 Micro Litigation. Represented O2 Micro in multiple patent infringement actions against a number of defendants in the Eastern District of Texas, Northern District of California and the International Trade Commission.*
  • Micron Semiconductor, Inc. v. Hyundai, et al. Represented a respondent in a patent infringement action involving anisotropic plasma etching of semiconductors. The trial spanned four weeks, during which officials from many Silicon Valley companies appeared to testify in Hyundai's case-in-chief. The matter was settled prior to a written decision from the administrative law judge.*
  • ASM America, Inc., and ASM International N.V., v. Applied Materials, Inc. Represented plaintiffs in a multi-patent infringement action regarding semiconductors in the Eastern District of Texas; settled on favorable terms.*
  • Intel Corporation v. Hyundai Electronic Industries Co., Ltd. and Hyundai Electronics America, Inc. Represented defendants in a patent infringement action relating to semiconductor manufacturing technology.*
  • Alcatel v. Foundry Networks, Inc., U.S. District Court for the District of Delaware. Represented Foundry Networks, Inc., in a counterclaim against Alcatel asserting a patent against Network VOIP platforms. Case settled on favorable terms.*
  • Lucent Technologies, Inc., v. Foundry Networks, Inc., U.S. District Court for the District of Delaware and Foundry Networks, Inc., v. Lucent Technologies, Inc., U.S. District Court for the Eastern District of Texas. Represented Foundry Networks, Inc., in a four patent litigation matter involving networking patents. Represented Foundry in a separate matter against Lucent in Texas asserting a patent against Lucent VOIP platforms. Lucent agreed to settle the matter on highly favorable terms to Foundry.*
  • Tinkers & Chance v. LeapFrog Enterprises, Inc., U.S. District Court for the Eastern District of Texas. Represented defendant in a suit for patent infringement related to electronic educational toys. Achieved settlement extremely favorable to client.*
  • BridgeLux, Inc. v. Cree, Inc. and Cree, Inc. and Trustees, U.S. District Court for the Eastern District of Texas. Successfully represented BridgeLux, Inc., a leading Silicon Valley high power light emitting diode (LED) company, in a series of patent infringement cases against competitor Cree, Inc., involving five LED patents. Obtained favorable confidential settlement as a result of successful strategy involving declaratory judgment actions and Markman claim construction of patents-in-suit.*

International Trade Commission Matters
  • Certain Equipment for Communications Networks, Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems,  IP Phones, and Products Containing Same (ITC Investigation No. 337-TA-778). Represented MOSAID Technologies Inc. in a section 337 investigation initiated on behalf of MOSAID in the ITC against Cisco Systems, Inc. and Scientific Atlanta, LLC involving the importation of certain communications networks, including switches, routers, gateways, bridges, wireless access points, cable modems and IP phones.*
  • Certain Anisotropically Etched One Megabit and Greater DRAMs, Components Thereof, and Products Containing Such DRAMs (ITC Investigation No. 337-TA-345. Represented respondents in patent infringement proceeding before ITC brought by Micron Semiconductor.*
  • Certain Integrated Circuit Chipsets and Products Containing Same (ITC Investigation No. 337-TA-428). Represented respondents First International Computer, Inc., First International Computer of America, Inc., and Everex Systems, Inc., in patent infringement proceeding before ITC brought by Intel.*
  • Certain Set-Top Boxes and Components Thereof (ITC Investigation No. 337-TA-454). Successfully litigated patent infringement proceeding before the ITC on behalf of complainant Gemstar-TV Guide International Inc.*
  • Certain Gel-Filled Wrist Rests and Products Containing Same (ITC Investigation No. 337-TA-456). Represented respondents Fortune Brands, Inc., ACCO Brands, Inc. and Kensington Technology Group in patent infringement case involving gel-filled wrist products.*
  • Certain Electronic Educational Devices and Components Thereof (ITC Investigation No. 337-TA-475). Successfully represented respondent LeapFrog Enterprises, Inc. in a patent infringement proceeding brought by Franklin Electronic Publishers, Inc.*
  • Certain Cold Cathode Fluorescent Lamp ("CGFL") Inverter Circuits and Products Containing Same (ITC Investigation No. 337-TA-666). Represented complainant O2 Micro in an ITC patent infringement proceeding against a variety of manufacturers of CGFL inverter circuits and products containing same.*

*Matter handled prior to joining Hogan Lovells US LLP.

PRACTICES
Intellectual Property
IP Litigation, Arbitration and Alternative Dispute Resolution
Patents
INDUSTRY SECTORS
Technology, Media and Telecoms
Energy and Natural Resources Group
EDUCATION
J.D., University of California, Davis School of Law M.S. Electrical Engineering, The George Washington University B.S. Electrical Engineering, University of Mysore
MEMBERSHIPS
  • Member, American Bar Association
  • Member, Bar Association of San Francisco
  • Member, San Francisco Intellectual Property Law Association
AWARDS / RANKINGS
  • Northern California Super Lawyers, 2004-2013
  • Best Lawyers in America
BAR ADMISSIONS / QUALIFICATIONS California
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, Ninth Circuit U.S. District Court, Northern District of California U.S. District Court, Central District of California U.S. District Court, Eastern District of California U.S. District Court, Southern District of California U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas