Global insights. One firm
Lisa Kobialka

Looking across your practice, what are the major lessons you'd identify for clients?

The greatest challenge that clients face right now is keeping up with the rapid changes that are happening with technology and in IP law. For example, the use of AI has raised a number of new legal issues surrounding trademarks, copyrights, rights of publicity, and even trade secret protection and ownership. The use of existing US laws for these technological developments raises uncertainty and can, at times, fall short for all clients, whether they are an IP owner or have a business that intersects with these technologies. Further complications arise when the client has a business that crosses borders where foreign laws handle the same issues differently. The recent developments in the patent field have also had a dramatic impact on patent prosecution and litigation strategies. Recent decisions from the Federal Circuit regarding the treatment of patent term adjustments, to the changes the new administration has made for post-issuance patent proceedings before the United States Patent Office, to the patent litigation developments in Europe since the launch of the Unified Patent Court on June 1, 2023 has kept clients on their toes. 

What are the major trends you'd identify in your practice area?

IP law and litigation has gotten more complex and nuanced than ever before, such that we are often updating clients on everything from how litigation battles are funded to what to expect in the coming months on cases pending before the appellate courts that will potentially have an impact on their businesses.

What sets your practice apart from others in the market, and how does the firm’s global platform enhance the way you support clients?

Our practice and team are unique in several key respects. Our team has faced nearly every type of complex and cutting-edge issue that can come up in complex and high stakes IP litigation. Because the senior partners have not limited their nearly 30 years of IP litigation experience to a particular industry sector and have handled over 45 jury trials, bench trials, and arbitrations, we are able to mine our knowledge and ideas from different sectors and our extensive experience to create innovative solutions and approaches to the IP challenges and litigation matters that our clients face. 

What’s your favourite thing about working in the Silicon Valley office, and how does the city’s character shape your work or perspective?

Because Silicon Valley is filled with creative entrepreneurs, the attorneys and staff in the office reflect that environment. We have so many different perspectives as a result of everyone coming from many different walks of life and backgrounds, from music to PhD’s in engineering, and growing up in different countries. As a result, we are always learning from one another whether it is the new business models our clients are developing to new technologies. It is never a dull moment working in this office with your colleagues and clients. 

Lisa Kobialka is a litigation partner and intellectual property partner in our Silicon Valley officer.