Lloyd “Rusty” Day is a retired partner in the Litigation/Controversy Department and the Intellectual Property Litigation Practice Group. He retired in 2011.
Practice
Mr. Day’s practice focused on intellectual property litigation. He has represented clients in the United States and in Europe in a range of cases involving genetically engineered biopharmaceuticals, small molecules, medical devices and diagnostics, computer networks, programming languages, data communications and software platforms. He has also represented biotechnology, medical device and software companies in trial, appellate and patent office proceedings.
Recognized as one of the preeminent patent litigators in California, Mr. Day successfully enforced a variety of copyrights in software, and has represented many clients on matters involving the enforcement of trademarks, misappropriation of trade secrets, licensing disputes, regulatory licensing, antitrust and unfair competition.
Recent Highlights
During the last several years, Mr. Day served as lead trial counsel for numerous clients, including:
- Amgen in a suit for infringement of Amgen’s granulocyte colony stimulating factor patents by Teva Pharmaceuticals, resulting in a judgment for Amgen and permanent injunction against Teva
- SAP in defense of a patent infringement suit regarding computer-based configuration, pricing and order management systems
- Amgen in a suit for infringement of Amgen’s erythropoietin patents by Roche, resulting in a jury verdict for Amgen and permanent injunction against Roche affirmed on appeal
- SAP in defense of a patent infringement suit regarding order processing systems, resulting in a hung jury and settlement
- Amgen in a suit for infringement of Amgen’s erythropoietin patents by TKT and Aventis, resulting in a trial judgment for Amgen and permanent injunction against TKT and Aventis affirmed on appeal
- Lilly ICOS and ICOS Pharmaceuticals in defense of patent infringement suit by Pfizer regarding Cialis®, resulting in settlement following disallowance of Pfizer’s claims in Patent Office reexamination
- Sun Microsystems in an antitrust suit against Microsoft regarding Sun’s JAVA technology, resulting in an injunction against Microsoft and a $2 billion settlement
- Sun Microsystems in a trademark and copyright infringement suit against Microsoft, resulting in injunctions against Microsoft and settlement
- Amgen in various licensing disputes with Johnson & Johnson regarding U.S. marketing and manufacturing rights to erythropoietin and darboepoetin
- Sun Microsystems in defense of patent infringement suit regarding canonical systems resulting in judgment for Sun affirmed on appeal
- Amgen in defense of patent infringement suits regarding recombinant expression vectors, resulting in settlement
- Sun Microsystems in trade secret action against foreign manufacturer for misappropriation of computer motherboard design and layout, resulting in judgment for Sun
Prior to joining WilmerHale, Mr. Day was a partner at Howrey LLP from 2009 until 2011 and a partner at Day Casebeer Madrid & Batchelder LLP from 1998 until 2009. He was also previously a partner at Cooley Godward LLP, where he led the Technology Litigation Group.
After obtaining his law degree from the University of Chicago Law School, Mr. Day was a law clerk for the Honorable Irving R. Kaufman of the United States Court of Appeals for the Second Circuit.
Honors and Awards
- Recognized in the 2011 edition of Chambers USA as “one of the preeminent patent litigators in California, if not the whole country”
- Recognized in Chambers Global 2009 as a “top intellectual property trial lawyer” and has received international acclaim for his work in patent, copyright, trade mark and trade secret litigation
- Named a “Northern California Super Lawyer” in intellectual property litigation in 2004, 2006, 2007, 2008, 2009 and 2010
- Selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America in the area of intellectual property litigation
- Recommended by PLC Which Lawyer? as a leading lawyer in intellectual property
- Recommended in the US Legal 500 for his “vast expertise in trade secret litigation” (2011)
