P. Anthony Sammi

P. Anthony Sammi is head of the Intellectual Property Litigation Group. He litigates complex, high-profile IP cases at the trial and appellate levels.

Bio

Mr. Sammi has widely been recognized in the legal and mainstream press. His cases have been reported on, and he has been quoted by, outlets such as The New York Times, The Wall Street Journal, The Washington Post, CNBC, Bloomberg, Vanity Fair, BBC News, USA Today and The Hollywood Reporter, among many others. In the legal press, the National Law Journal named Mr. Sammi as one of its 2017 Winning Litigators and has also described his closing arguments in a jury trial as a “virtuoso performance.” Additionally, Mr. Sammi was named to the National Law Journal’s list of 2017 Intellectual Property Trailblazers for being an innovator in his field, and also has been selected for inclusion in Best Lawyers in America and Lawdragon 500 Leading Lawyers in America.

Mr. Sammi, as lead trial counsel, recently obtained a $500 million jury verdict for leading video game studio clients ZeniMax Media and id Software against Facebook subsidiary Oculus VR and its executives. The case was tried to a jury over three weeks in the U.S. District Court for the Northern District of Texas and involved virtual reality technology. The trial included the first-ever cross-examination of Facebook CEO Mark Zuckerberg in open court and received widespread media coverage. The verdict is the sixth-largest ever awarded for copyright, trademark and/or trade secret claims and the 12th-largest intellectual property verdict including patent claims.

Mr. Sammi also obtained a multimillion-dollar jury verdict, damages award and permanent injunction for trade secret misappropriation and copyright infringement on behalf of a technology company in the U.S. District Court for the Southern District of Texas. In another action in the U.S. District Court for the Eastern District of New York, Mr. Sammi successfully defended a software development firm against a preliminary injunction for copyright infringement sought by a global technology firm.

On the patent side, Mr. Sammi tried the first and only jury trial to verdict brought by the NPE DataTreasury Corporation. In the early 2000’s, DataTreasury brought dozens of lawsuits against all major banks and financial institutions. The impact of these litigations formed the impetus for the America Invents Act. As lead trial counsel in a case before the U.S. District Court for the Eastern District of Texas, Mr. Sammi obtained a final, non-appealable, take-nothing judgment against DataTreasury after a multiweek jury trial in Marshall, Texas.

In addition to first-chairing jury trials in U.S. District Courts and arguing before appellate courts, Mr. Sammi has first-chaired trials before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, pursuant to the America Invents Act. With a background in electrical engineering and physics, Mr. Sammi has litigated a broad range of technologies, including those involving: virtual-reality headsets, first-person shooter and 3D gaming, petrochemical industry modeling software, source code (HLASM, C++, C#), mobile telephone protocols, blood centrifuge devices, satellite on-board stability systems, medical implant devices, sporting equipment, pharmaceuticals, and cosmetics. His practice also includes counseling both U.S. and multinational clients on evaluating, licensing and protecting intellectual property portfolios.

He also is a member of the Skadden group recognized by Law360 among its 2015 “Technology Practice Groups of the Year” for courtroom victories in the technology sector.

Selected litigation engagements include:

  • lead trial counsel representing ZeniMax Media and id Software in a U.S. District Court for the Northern District of Texas trade secret misappropriation and copyright infringement litigation against Facebook subsidiary Oculus VR and its executives involving virtual-reality technology and resulting in a $500 million jury verdict following a three-week trial;
  • trial counsel in a U.S. District Court, Eastern District of Texas, breach of contract litigation stemming from a patent litigation settlement resulting in entry of a judgment of $69 million in favor of plaintiff, a leading financial institution;
  • lead trial counsel before the U.S. Patent and Trademark Office Patent Trials and Appeals Board on a Covered Business Method patent petition regarding auto-financing technology for the patent owner, a leading auto-finance company;
  • appellate counsel in a Fifth Circuit Appeal from a successful jury verdict (below); obtained affirmance of all verdicts regarding IP claims;
  • lead trial counsel on technology claims in a U.S. District Court, Southern District of Texas, trade secret misappropriation and copyright infringement jury trial representing the plaintiff, a leading software technology company; obtained a jury verdict, multimillion-dollar damages award, and permanent injunction for infringement and misappropriation;
  • lead trial counsel in a U.S. District Court, Eastern District of Texas, patent infringement jury trial representing the defendant, one of the largest national archives of check images and electronic content for multi-bank infrastructure solutions; obtained a final, non-appealable, take-nothing judgment against the plaintiff, NPE, after a multi-week jury trial in Marshall, Texas;
  • lead counsel in successfully defending against a preliminary injunction sought by the plaintiffs in a U.S. District Court, Eastern District of New York, copyright infringement and trade secret misappropriation action representing a leading global software development firm;
  • trial counsel in a U.S. District Court, District of Arizona, patent infringement trial representing the defendant, a leading sports equipment manufacturer, in which judgments of non-infringement and patent claim invalidity due to obviousness were obtained;
  • arguing before the U.S. Court of Appeals for the Federal Circuit representing the defendant-appellee, a leading sports equipment manufacturer, in the plaintiff’s appeal of district court post-trial judgment of invalidity and non-infringement; District Court judgments in favor of client were affirmed;
  • representing a world-leading satellite manufacturer in defending against claims of patent infringement involving complex satellite guidance, stability, and station-keeping circuitry and control systems;
  • leading the patent aspects of a multibillion-dollar acquisition of a social networking and VoIP service provider company; and
  • leading the patent aspects of a multibillion-dollar merger and settlement relating to mobile device manufacturers.

Selected counseling engagements include:

  • representing Xiaomi, Inc., the world’s third largest smartphone manufacturer, on global IP strategy;
  • representing Taiwanese multinational smartphone and tablet manufacturer HTC Corp., on global IP strategy; and
  • representing the National Football League on patent and trade secret strategy.

Representative clients have included: ZeniMax Media, Inc.; id Software, Inc.; Xiaomi, Inc.; HTC Corp.; National Football League; Credit Acceptance Corp.; Aspen Technology, Inc.; JPMorgan Chase & Co.; Bank One Corporation; Lockheed Martin Corporation; Motorola, Inc.; Virgin Mobile USA, LLC; Rocket Software, Inc.; AstraZeneca PLC; Benetton Sportsystem USA, Inc.; Compaq Computer Corporation; Viewpointe Archive Services L.L.C.; Trish McEvoy, Inc.; and Infra+ S.A.

Presentations

  • Dialogue Leader, “Developing Trade Secrets Compliance and Litigation Best Practices After the Defend Trade Secrets Act,” 2017 Sedona Group Working Groups 9 & 10 Joint Annual Patent Litigation Meeting, February 27, 2017, Houston, Texas
  • Moderator, Executive Roundtable, 2016 Asia Society Diversity Leadership Forum, June 10, 2016, New York City
  • Moderator, “A Road Map to Advancing Your Career Into a Leadership Role,” 2015 Asia Society Diversity Leadership Forum, June 9, 2015, New York City
  • Speaker, PLI 9th Annual Patent Law Institute, March 16, 2015, New York City
  • Speaker, AIPLA 2014 Annual Meeting, October 24, 2014, Washington, D.C.
  • Moderator, “Trade Secret Litigation in the United States,” Trade Secret Management and Monetisation, July 14, 2014, London
  • Speaker, PLI 8th Annual Patent Law Institute, March 17-18, 2014, San Francisco (and February 3-4, New York City)
  • Speaker, PLI Trade Secrets 2014, February 24, 2014, San Francisco
  • Speaker/Panelist, Trade Secret Law Summit (AIPLA 2013 Annual Meeting), October 22, 2013, Washington, D.C.
  • KPMG: Korean Financial Management Academy 2013, September 30, 2013, New York City
  • Speaker, “US Round Table: Best Practices Post AIA,” MIP Global IP & Innovation Summit, September 4-5, 2013, Shanghai
  • Presenter, “Litigating Against Non-Practicing Entities,” Sixth Annual Patent Law Institute, February 16, 2012
  • Member, Steering Committee; Speaker, “Building Client Relationships,” The New Partner Forum, The American Lawyer, New York City, October 11-12, 2011
  • Presenter, “The Role of the Specification in Claim Construction: Is It a Guidepost or a Fence?” BNA webinar, June 15, 2011
  • TV Interview, “How ‘Gesture Technology’ Like Microsoft Kinect Will Change the Way We Live,” PBS’ Need to Know, April 8, 2011
  • Presenter, “Litigating With An Eye Toward Trial,” Fifth Annual Patent Law Institute, February/March 2011

Credentials

Education

  • J.D., Cornell Law School, 1998
  • B.S., Electrical Engineering, University of Maryland, 1995

Admissions

  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Courts for the Southern and Eastern Districts of New York

Associations

  • Member, American Intellectual Property Law Association
  • Member, New York Intellectual Property Law Association
  • Past President and Director, South Asian Bar Association of New York
  • Past Director, National South Asian Bar Association

Languages

  • Hindi
  • Punjabi

P. Anthony Sammi

Partner, Intellectual Property Litigation
anthony.sammi@skadden.com