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Gillian Thackray is a partner in Covington's San Francisco office practicing patent litigation and strategic patent counseling. She has litigated cases involving such technologies as medical devices, fluidics, biotechnology, computer networking, telecommunications, wireless broadband and lasers. Ms. Thackray has experience with both jury and bench trials, and has helped clients to recover over $100 million for their inventions. She also has substantial experience defending companies against charges of patent infringement, and has successfully obtained reexamination on patents or secured the early dismissal of cases through favorable claims construction rulings.
Ms. Thackray also counsels clients on IP strategy, including Freedom to Operate, design-around, patent validity, due diligence investigations, license negotiations, and pre-suit investigations.
Representative Matters
- Represented Nintendo (respondent) in a patent infringement action at the ITC brought by Hillcrest Laboratories involving the Wii. In re Certain Video Game Machines and Related Three-Dimensional Pointing Devices, Inv. No. 337-TA-658.
- ByPass, Inc. v. Abbott Laboratories, Inc. Represented Abbott Laboratories in patent infringement action involving vascular surgery device and methods.
- Advanced Medical Optics, Inc. v. Alcon Inc. Represented AMO in enforcing patents on important safety improvements for cataract surgery. Obtained $95 million jury verdict including finding of willful infringement, enhanced damages of $235 million. Settled on appeal.
- Alcon, Inc. v. Advanced Medical Optics, Inc. Represented AMO in patent infringement action asserting five patents relating to cataract surgery technology; settled on terms very favorable to AMO.
- Alcon Laboratories Inc. v. Advanced Medical Optics, Inc. Represented AMO in patent infringement action relating to fluidics technology. Successfully convinced USPTO to grant reexamination of patent which led to settlement on terms favorable to AMO.
Honors and Rankings
- Northern California Rising Stars, Intellectual Property Litigation (2009)
- Strathmore's Who's Who (2005-2006)
Memberships and Affiliations
- American Intellectual Property Law Association, Member
- American Bar Association, IP Section
- State Bar of California, IP Section
- Litigation Counsel of America
- San Francisco Bay Area Intellectual Property American Inn of Court
- Women Lawyers of Alameda County, Treasurer (2006-2008)
Publications and Speeches
- "Hot Topics in Patent Litigation," Patent Resources Group (October 2008)
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