Stephen Larson has extensive experience litigating high-stakes cases in a wide variety of technology areas, including medical devices, biotechnology, software, chemistry, electronics, semiconductors, and pharmaceuticals.
Stephen handles cases involving patent, antitrust, trade secret, product liability, class action, trademark, and breach of contract matters. His current practice primarily involves handling complex patent and antitrust cases.
Stephen recently defended a biotech diagnostics company against patent infringement claims relating to liquid biopsy technology. Liquid biopsies employ DNA sequencing technologies to examine cell-free DNA in the blood and monitor diseases such as cancer. Stephen played a key role in asserting Walker Process monopolization and attempted monopolization antitrust claims in a countersuit. The case recently settled.
Stephen recently represented EagleLIFT in a lawsuit alleging breach of contract, trademark infringement, false advertising, and trade secret misappropriation. Stephen played a key role in asserting patent misuse defenses and antitrust counterclaims alleging tying, improper covenants not to compete, exclusive grantback assignments, and other restrictive covenants. The case settled after EagleLIFT asserted its antitrust counterclaims.
Stephen served as trial counsel for Masimo Corporation in a three-week jury trial against Philips Electronics North America Corp. and Philips Medizin Systeme Böblingen GmbH. Masimo obtained a $466 million verdict based on infringement of its patents relating to pulse oximetry technology. The verdict was featured in The National Law Journal's "Top Verdicts of 2014" as the top intellectual property verdict and number 5 verdict overall, and was also listed as the "Top IP Award of 2014" by Law360. Stephen also had a primary role in successfully defending Masimo against allegations of patent misuse and antitrust claims alleging monopolization, attempted monopolization, conspiracy, group boycott, tying and restraint of trade. Stephen also played a key role in asserting monopolization and attempted monopolization claims against Philips.
Stephen also recently represented SecureAuth in a patent litigation suit involving three patents asserted by Strikeforce Technologies, Inc. Stephen obtained an early dismissal with prejudice that invalidated all 43 asserted claims.
- Judicial Law Clerk to the Honorable Pauline Newman of the United States Court of Appeals for the Federal Circuit (2004-2006)
- Judicial extern for the Honorable Jeremy Fogel, United States District Court, N.D. Cal. (Summer 2002)
Stephen has received multiple awards for his legal accomplishments:
- Recognized in Patexia's 2023 PTAB Intelligence Report as a “Top Performer” based on activity and performance before the PTAB
- Top PTAB Patent Owners by Number of Proceedings Attorney 2020 by Docket Navigator
- Selected for inclusion in the 2017-2020 "Southern California Super Lawyers" lists by Super Lawyers magazine for his work in intellectual property litigation
- Named repeatedly as one of Southern California’s “Rising Stars” in intellectual property law based on surveys of his peers published in Los Angeles magazine and Super Lawyers magazine
- Elected to the Order of the Coif and awarded the 2004 UC Davis Law School Medal for Academic Excellence
- Awarded Witkin Awards For Academic Excellence in Civil Procedure, Biotechnology & Law, Criminal Law, and Legal Writing
- Awarded the Giles T. Brown Outstanding Master's Thesis and the Western Association of Graduate Schools Distinguished Master's Thesis
IP Antitrust News: FTC v. Endo Pharms., Inc.: The D.C. District Court “Treads [the] Tenuous Line Between Patent and Antitrust Laws” to Reject the FTC’s Challenge of an Exclusive License That Allegedly Discouraged Competition (May 2022)
Fresenius Kabi USA, LLC v. Par Sterile Prods, LLC: Unasserted Patents May Break the Chain of Causation Required for Antitrust Injury, AIPLA IP Antitrust News (January 2021).
AIPLA IP Antitrust News FTC Impact Study on State Hospital Mergers to Consider Role of Certificates of Public Advantage (“COPA”) (January 2020)
IP Antitrust News: Xitronix v. KLA-Tencor: The Federal Circuit Finally Ends A Game Of Jurisdictional Hot Potato (October 2019)
IP Antitrust News: Recent Court Decisions at the Intersection of Antitrust & Intellectual Property Law, AIPLA Antitrust News (October 2018)
In Re Cox Enterprises: The Tenth Circuit Contends With A Three-Decade Old Circuit Split and Changes Its Per Se Tying Doctrine, AIPLA Antitrust News (February 2018)
Balancing the Antitrust And Copyright Laws: The Tenth Circuit Adopts the First and Federal Circuits' Approach to Monopolization Claims Based on Refusals to License, AIPLA Antitrust News (January 2017).
Ruling Is Big Change For Design-Patent Cases," The Daily Journal (December 29, 2016).
Gunn v. Minton: The Supreme Court's Opportunity to Correct the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law Claims, New Matter (Spring 2013).
Do You Feel Like I Do? - Advocating Patent Cases With Emotion, AIPLA Spring Meeting (2010).
An Improved Pre-Column Derivatization HPLC Method For Quality Control And Stability Analysis Of Amino Acids, AAPS PharmSci. Abstracts (2001).
Trademark Modernization Act Could Reshape Litigation, Law360 (February 2021)
Speeches & Seminars
Litigating Unfair Competition At The ITC - Live Webcast by the Federal Circuit Bar Association (November 2017)
Intellectual Property Due Diligence in M&A Transactions: A Legal and Valuation Guide (September 2017) - Live Webcast by The Knowledge Group (September 2017)
Intellectual Property Law for Entrepreneurs, CSUF Entrepreneurship Business Fraternity (September 2017)
IP Portfolio Audits: Conquering the Odds in 2017 - Live Webcast by The Knowledge Group (June 2017)
The 2017 Antitrust Guidelines, Biocom IP Committee Meeting (February 2017)
The New 2017 Antitrust Guidelines for Licensing Your Business' IP, ACC-SD IP Practice Group Meeting (February 2017)
A Modern Review Of The Nine Classic “No-Nos” Of Patent Licensing, Presentation in Irvine, CA (January 25, 2017)
Masimo: A Patent Success Story, Presentation in San Francisco, CA (January 11, 2017)