Francisco Villegas is a member of Cohen & Gresser’s Intellectual Property and Technology practice.  He represents domestic and international companies at all stages of maturity, from pre-seed to publicly traded, on matters across a wide variety of disciplines, such as media streaming, data analytics, aerospace, massively multiplayer online gaming, heavy machinery, medical devices, social media, fiber optic systems, machine learning, the Internet of Things, and telecommunications.

His IP practice includes counseling and litigation in asset valuation, licensing, enforcement and defense, patent opinions (infringement, validity, and freedom to operate product clearances), trademarks, and patent post-grant proceedings (inter partes review, reissues, and ex parte reexaminations).  He has represented clients in IP matters in the Northern and Central Districts of California, the Southern and Eastern Districts of New York, the Eastern District of Pennsylvania, the Eastern District of Texas, and the District of Delaware.

Additionally, Francisco works with clients in all areas of technology, innovation, and transactions, including advising on mergers and acquisitions, deal sourcing, joint ventures, product development, SaaS, IP monetization, privacy, and venture capital.

Francisco was recognized in the 2014 and 2015 editions of the Chambers USA guide in the Intellectual Property: Patent category, has been recognized as a leading patent practitioner by Intellectual Asset Management’s “Patent 1000” each year since 2015, and has been named one of New York’s Super Lawyers for Intellectual Property: Litigation each year since 2014.

Before attending law school, Francisco was a mechanical engineer at Johnson & Johnson and General Electric.  Prior to joining the firm, Francisco practiced at Ropes & Gray LLP and Fish & Neave LLP.  He is fluent in Spanish.

Francisco Villegas is a member of Cohen & Gresser’s Intellectual Property and Technology practice.  He represents domestic and international companies at all stages of…

Education

Cornell University Law School (J.D. 1999); Stanford University (M.S., Mechanical Engineering, 1996; B.S., Mechanical Engineering, 1994; B.A., Political Science, 1994)

Bar Admissions

New York State; California State; Connecticut State; District of Columbia; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. District Courts for the Northern, Central, and Eastern Districts of California; U.S. Court of Appeals for the Federal Circuit

Activities and Affiliations

Member, Eastern District of Texas Bar Association

Member, New York Intellectual Property Law Association

Member, International Association for the Protection of Intellectual Property, U.S. National Group

Member, International Trademark Association

Software

Defended gaming machine manufacturer against three software patents concerning multiplayer interactive video gaming and networking technology.  Obtained multiple jury verdicts of invalidity despite the patents having been confirmed multiple times in reexamination before the Patent Office.

Defended big three automobile manufacturer against a patent licensing entity in a case concerning online sales methods.  The matter was settled on favorable terms.

Represented an institutional patent client against a social media site concerning privacy based technology.  The matter was settled early in litigation and on favorable terms.

 

Mechanical Components

Represented fire suppression manufacturer against a leading aerospace company and a major industrial conglomerate in a patent infringement action concerning the use of nitrogen to prevent and extinguish fires.  The case settled on favorable terms.

Defended international manufacturer in patent litigation concerning a traction system for use in industrial equipment.  Obtained summary judgment of non-infringement.

Represented an industrial automation company against an international manufacturing systems integrator in a patent infringement action concerning scaling temperatures probes.  The case settled on favorable terms.

 

Electronics

Defended accused infringer in a patent infringement action involving semiconductor manufacturing technology.

Represented plaintiff in patent litigation concerning ion generation for mass spectal analysis resulting in a judgment of patent infringement.

 

Medical Devices

Represented medical device company in patent jury trial concerning cardiac stents resulting in an $8.3 million jury verdict.

Represented medical device manufacturer in litigation concerning a delivery system for cancer radiation therapy.  Settled on favorable terms.

Represented medical device manufacturer in litigation concerning catheters.  Settled on favorable terms.

 

Financial Transactions & Consumer Products

Defended software company in a patent infringement case involving web-based credit application management systems.

Defended major retailer against a patent licensing entity in a dispute concerning debit and gift card transaction technology.  Settled on favorable terms following discussions of invalidating prior art.

Defended plastic beverage container manufacturer in litigation concerning patents relating stackable containers.

 

Telecommunications

Represented plaintiff in patent litigation concerning cellular phone standards.  Settled on favorable terms.

Represented a small institutional patent client in litigation against an international telecommunications wholesaler concerning VoIP technology. The case settled early in litigation, and on favorable terms.

Representing an international innovation company against a large telecommunications company in patent litigation concerning electronic program guides.

Defended a telecommunications carrier against a non-practicing entity in patent litigation concerning ring-back tone technology. The case settled early in litigation, and on favorable terms.

IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2019 guide, noting their “excellent track record” and efficiency in “facilitating early wins.”  Published by Intellectual Asset Management (IAM), the ranking identifies top patent professionals in key jurisdictions around the globe and takes into account an attorney’s depth of knowledge, market presence, level of work, as well as positive peer and client feedback.

We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor. 

IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2017 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.

We are pleased to announce that twenty-two of our U.S.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in this region. 

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.  

We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor.

Each year, the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe. This year, IAM Patent 1000 has recognized Karen Bromberg and Francisco Villegas as leading patent professionals for 2015. Published by Intellectual Asset Management (IAM), the IAM Patent 1000 compiles its data  through interviews with numerous attorneys at law, patent attorneys and in-house counsel, and identifies the leading players in the field. 

On Tuesday May 27, 2015, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. C&G's Karen H Bromberg and Francisco A Villegas speak to Law360 about why this decision in Commil USA LLC v. Cisco Systems Inc. is significant. 

Cohen & Gresser is pleased to announce that the firm and five of its attorneys are recognized in the 2015 edition of Chambers USA, a national ranking guide that recognizes outstanding lawyers and law firms across the United States who are strongly recommended based on in-depth interviews with thousands of lawyers, clients, and industry leaders, with the most weight assigned to client feedback. The final rankings take into account a lawyer's legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment to the profession, among other qualities most valued by clients. 

Cohen & Gresser LLP is pleased to announce that it has been recognized in the 2014 edition of Chambers USA, a national report on lawyers and law firms published annually. Chambers recognized Cohen & Gresser's Patent Litigation group as a Recognized Practice. The guide also ranked Karen H Bromberg in the Patent category with commentary that she is "a complete rock star, with extensive knowledge and negotiating acumen, who provides real-world advice," and recognized Francisco A Villegas for his work in patents, describing him as being "very hands-on and detail-oriented."

 

Certain U.S. district courts — including the Eastern District of Virginia, the Eastern District of Texas and the Western District of Wisconsin — have gained a reputation as “Rocket Dockets” because these particular courts seem to move cases along quickly to trial. Villegas notes, “a typical staffing model — which might be made up of a small group of partners and associates who know the ins-and-outs of every part of the proceedings — needs to be adapted in fast-moving cases.”

Recently, President Obama signed into law the Defend Trade Secrets Act ("DTSA").  Under the DTSA, an owner of a misappropriated trade secret may bring a federal civil action if the trade secret is "related to a product or service used in, or intended for use in, interstate or foreign commerce." There are many aspects of this new law of which businesses should be aware, but three are worth special attention. Click 'view' to read more. 

Don’t assume your client will receive a stay pending post grant proceeding. Many practitioners assume that an IPR will trigger a stay of litigation.  This article discusses recent cases that suggest careful case planning, to request or resist, is necessary to best achieve a client’s goals.

E-discovery continues to be an arduous part of the patent litigation process, but three district courts in particular—The Eastern District of Texas, Northern District of California, and the District of Delaware have attempted to level the e-discovery playing field. Since different Districts use different approaches to e-discovery, it’s imperative to know the local e-discovery climate.

Some courts are holding defendants to a heightened pleading standard for affirmative defenses and counterclaims. A review of different pleading standards for claims in different jurisdictions suggests that defendants should look carefully at evolving case law in their jurisdiction in which they are sued until the Federal Circuit presumably harmonizes the pleading standards.

Artificial Intelligence is perceived as mysterious and complex. It doesn’t always have to be.
 
Join Francisco Villegas of Cohen & Gresser for a 90 minute CLE designed to help lawyers better communicate with AI stakeholders, including scientists, business owners, and executives.
 
First, we will learn basic technical concepts that underlie AI. Then, with a technical primer, we will survey the intersection of data science and law, and explore how laws and regulations can trigger AI legal liabilities. Finally, we will review tort and contract law to assess how old common law precedent may have new relevance.
 
We promise math is optional!

Francisco Villegas will give a presentation to the Camden CoLab, based in Camden, New Jersey, on the basics of intellectual property and how it can be used by a tech start-up.

The Alice decision held that patent claims directed to certain abstract ideas are invalid under 35 U.S.C. Sec. 101. This represents the fourth time in the past five years that the Supreme Court has tackled the question of whether a patent was directed to patent-eligible subject matter. The decision impacts the future of software patents, other business method patents, and patent troll (NPE) activity. This One-Hour Briefing will address what inside counsel need to know about the Supreme Court’s decision on patent eligibility including:

  • What factors of patent eligibility does the Alice ruling not address
  • Applying Alice from the perspective of the patent defendant

Francisco Villegas will give a seminar at the YLE Media Startup Accelerator Powered by Nestholma on the value of intellectual property rights to start-ups, with an emphasis on the U.S. and U.K.

This presentation focused on e-discovery procedures from various United States district courts to illustrate that variations in discovery rules may influence not only the costs, but also the substantive outcome of the case.

A privacy law presentation at the In-House Counsel Forum of Korea.  This seminar will describe sources of privacy law in the United States and the European Union.  It will also illustrate how these jurisdictions approach privacy law, how it is enforced, and why it is enforced differently.  Lastly, recent privacy litigation in Europe and the United States will be discussed.