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About Leah

Leah Edelman is a principal in the Washington, D.C., office of Fish & Richardson P.C., where she focuses high-stakes patent litigation primarily involving cellular technology, including cellular standards, computer software, battery technology and fair, reasonable, and non-discriminatory (FRAND) terms. She has represented clients in U.S. district courts, including the Southern District of New York and the Eastern District of New York, among others, and before the U.S. International Trade Commission (ITC).

She was previously a judicial law clerk for the Honorable Robert P. Patterson Jr. of the U.S. District Court for the Southern District of New York and a judicial intern for the Honorable Paul C. Huck of the U.S. District Court for the Southern District of Florida. Prior to her legal career, Ms. Edelman was a graduate researcher specializing in electronic materials at the University of Florida and also worked as an electrical engineer at IBM.

Publications

How to be FRANDly,” c0-author, Managing Intellectual Property (March 12, 2020).

Software Claims Directed to Specific Improvements in Computer Operations May be Non-Abstract,” co-author, Fish Litigation Blog (May 16, 2016).

Corporate Residence Definition in Patent Cases Unchanged by Congressional Revisions to Venue Statute; Minimum Contacts Under Beverly Hills Fan Reaffirmed,” co-author, Fish Litigation Blog (May 2, 2016).

Trade Dress Not Protectable If It Serves Any Purpose Other Than Source Identification, No Apportionment Requirement for Design Patent Damages,” co-author, Fish Litigation Blog (July 22, 2015).

Judge Pender Allows Supplementation of Prior Art Record For Good Cause,” co-author, Fish Litigation Blog (April 29, 2015).

Equivalence Determination Does Not Depend On Labels Like ‘Vitiation’ and ‘Antithesis,’ But On the Substantiality of Relevant Differences,” co-author, Fish Litigation Blog (April 3, 2015).

Second Reference Can Be Used to Show Inherent Disclosure If Missing Characteristic Is ‘Necessarily Present’ In First Reference,” co-author, Fish Litigation Blog (February 5, 2015).

Boilerplate Language Not Enough To Invalidate Assignment; Attorney’s Failure to Flag Potential Claim Does Not Toll Statute of Limitations on Fraud-Based Claims,” co-author, Fish Litigation Blog (December 24, 2014).

Distribution of Email Implying Special Influence Warrants Public Reprimand,” co-author, Fish Litigation Blog (December 1, 2014).

Inventor’s Affirmative Misrepresentations Nearly Rose to Level of Misconduct That Supports Inequitable Conduct Finding Without Need to Prove But-For Materiality,” Fish Litigation Blog (September 2, 2014).

Personal jurisdiction over plaintiff preserved upon transfer, expert evidence necessary for indefiniteness inquiry,” Fish Litigation Blog (March 3, 2014).

Federal Circuit clarifies claim scope, obviousness, and objective indicia inquiries on reexam,” Fish Litigation Blog (January 2, 2014).

“Boron Diffusion in Amorphous Germanium” in 1066 AM. INSTITUTE OF PHYSICS CONF. PROC. 225 (2008).

“Effect of Carbon Co-Doping on Boron Diffusion in Amorphous Silicon” in 93 APPLIED PHYSICS LETTERS 8 (2008).

“Boron Diffusion in Silicon-Germanium Alloys” in 92 APPLIED PHYSICS LETTERS 172108 (2008).

“Effect of Low Ge Content on B Diffusion in Amorphous SiGe Alloys” in 26 J. VACUUM SCI. & TECH. B, 333 (2008).

U.S. District Court Cases

Celgard, LLC v. LG Chem (W.D. NC) – Counsel for defendant LG Chem in patent litigation concerning lithium-ion batteries as well as various state law claims.

Virtual Solutions v. Microsoft (S.D. NY) – Represented Microsoft in a patent litigation involving Xbox Kinect technology.

Chicago Board Options Exchange v. International Securities Exchange (N.D. IL)-  Represented CBOE against ISE in a patent litigation concerning a patent on a fully computerized exchange.

ITC Proceedings

Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof (USITC 337-TA-912) – Represented complainant Bose against Monster in patent litigation concerning in-ear headphones.

Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (USITC 337-TA-876) – Represented respondent InvenSense against STMicroelectronics in patent litigation concerning various technologies associated with MEMS devices.

Certain Electronic Devices, Including Certain Wireless Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof (USITC 337-TA-862) – Represented respondent Samsung Electronics against Ericsson in patent litigation concerning a wide array of technologies associated with smartphones, tablets, televisions, and media players.

U.S. Appellate Cases

Celgard, LLC v. LG Chem (Fed. Cir. 2015) – Successfully urged Federal Circuit to lift a preliminary injunction against LG Chem.

Chicago Board Options Exchange v. International Securities Exchange (Fed. Cir. 2014)-  Successfully defended judgment of non-infringement for CBOE in a patent litigation concerning a patent on a fully computerized exchange.

Virtual Solutions LLC v. Microsoft Corp. (Fed. Cir. 2013) – Successfully defended summary judgment of invalidity for Microsoft in patent infringement case involving Xbox Kinect technology.

Cordis Corp. v. Boston Scientific Corp. (Fed. Cir. 2013) – Successfully defended damages award for BSC in patent infringement case involving stents.

Focus Areas
Education

J.D., University of Florida (2011) Notes Editor, Journal of Law and Public Policy


M.S., Materials Science & Engineering, University of Florida (2006)


B.S., Materials Science & Engineering, Northwestern University (2005)

Admissions
  • New York 2012
  • District of Columbia 2015
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
Clerkships

U.S. District Court for the Southern District of New York, The Honorable Robert P. Patterson Jr., 2011 - 2012

Memberships & Affiliations

Leadership Council on Legal Diversity (LCLD) - 2017 Pathfinder Program​

New York Intellectual Property Law Association

New York County Lawyers' Association

What's trending with Leah

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News
March 13, 2020
Benjamin Elacqua & Leah Edelman Author Article in Managing Intellectual Property, "How to be FRANDly"
Articles
News
News
February 7, 2020
Fish & Richardson Elevates 14 Attorneys to Principal
Press Release
News
Blog
May 16, 2016
Software Claims Directed to Specific Improvements in Computer Operations May be “Non-Abstract”
Authors: Rob Courtney, Leah A. Edelman
Federal Circuit
Blog
May 2, 2016
Corporate Residence Definition in Patent Cases Unchanged by Congressional Revisions to Venue Statute; Minimum Contacts Under Beverly Hills Fan Reaffirmed
Authors: Rob Courtney, Leah A. Edelman
IP Litigation
Federal Circuit
News
April 4, 2016
Fish & Richardson Wins Over $6 Million in Attorneys’ Fees for Chicago Board Options Exchange in Multi-Year Patent Dispute With ISE
Press Release
News
Blog
July 22, 2015
Trade Dress Not Protectable If It Serves Any Purpose Other Than Source Identification, No Apportionment Requirement for Design Patent Damages
Author: Leah A. Edelman
IP Litigation
Federal Circuit
Blog
April 29, 2015
Judge Pender Allows Supplementation of Prior Art Record For Good Cause
Authors: Leah A. Edelman, Andrew R. Kopsidas
ITC Litigation
Blog
April 3, 2015
Equivalence Determination Does Not Depend On Labels Like “Vitiation” and “Antithesis,” But On The Substantiality of Relevant Differences
Author: Leah A. Edelman
Blogs
Blog
February 5, 2015
Second Reference Can Be Used to Show Inherent Disclosure If Missing Characteristic Is “Necessarily Present” In First Reference
Author: Leah A. Edelman
Federal Circuit
Blog
December 24, 2014
Boilerplate Language Not Enough To Invalidate Assignment; Attorney’s Failure To Flag Potential Claim Does Not Toll Statute of Limitations On Fraud-Based Claims
Author: Leah A. Edelman
IP Litigation
Federal Circuit
Blog
December 1, 2014
Distribution of Email Implying Special Influence Warrants Public Reprimand
Author: Leah A. Edelman
IP Litigation
Federal Circuit
News
September 2, 2014
Inventor’s Affirmative Misrepresentations Nearly Rose To Level Of Misconduct That Supports Inequitable Conduct Finding Without Need To Prove But-For Materiality
Articles
News
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