Yar R. Chaikovsky

Partner, Litigation Department

Palo Alto

T 1(650) 320-1832

F 1(650) 320-1932

Yar R. Chaikovsky is Global Co-chair of the Intellectual Property practice at Paul Hastings and is based in the firm’s Palo Alto office. He oversees the firm’s 100-plus lawyer IP practice. He serves as lead trial counsel for some of the most preeminent global technology companies in their most important matters. Throughout his career, Mr. Chaikovsky has won jury trials and ITC hearings in addition to obtaining summary judgments and summary determinations. This success has led him to be accepted as a Fellow of the Litigation Counsel of America and to be praised by numerous leading publications as one of the nation’s top patent trial lawyers. Mr. Chaikovsky was Yahoo!’s first head patent counsel. Before practicing law, he was an engineer in the missile systems defense department of Hughes Aircraft Company.

Accolades and Recognitions

Managing IP recently named Yar Chaikovsky to their 2018 shortlist for “Outstanding Litigator – California.” He has been recognized by IAM Patent 1000 as a “Charismatic top-tier trial lawyer" who “has an encyclopedic knowledge of the law, which he uses to provide relevant, practical business advice on key IP issues. He also has a work ethic that is second to none.” “He keeps himself up to date on everything and doesn’t just give you the textbook options when someone sues you.” He was singled out as a “trial attorney who scored big” and “demonstrated a track record of success” due to his trial preparation and presentation when The National Law Journal named him a "Winning Litigator." Benchmark Litigation also recognized Mr. Chaikovsky as a finalist for Intellectual Property Litigator of the Year and a National Litigation Star, while calling him “a hell of a lawyer and has some ‘buzzy star power’ about him.” Intellectual Asset Management notes that he “communicates exceptionally well and doesn’t let technical jargon dominate his arguments and thinking. He is a talented trial lawyer who deserves high recognition.” He is lauded by Chambers for being a “very sharp and detail-oriented litigator” with an “assertive, thorough and thoughtful approach” to litigation, in addition to having an “ability to adopt the viewpoint of in-house counsel” in order to best achieve client objectives. The National Law Journal also named Mr. Chaikovsky as one of its Intellectual Property Trailblazers where he was identified as being “a thought leader in patent litigation in the United States” due to “his innovative trial work protecting corporations using aggressive litigation strategies.”

In addition, Mr. Chaikovsky has been a lauded patent litigator and ITC practitioner by a number of other leading ranking directories, including:

Managing IP “Outstanding Litigator – California” Shortlist (2018)
Law360 MVP (2017)
Law360 "Legal Lion" (2017)
Chambers USA (2009 - present)
National Law Journal “Winning Litigator” (2012, 2016)
National Law Journal “Litigation Trailblazer” (2016)
National Law Journal "IP Trailblazer" (2014)
Benchmark Litigation (2014-present)
Benchmark Litigation US Awards “Intellectual Property Attorney Of the Year Award – West” Short List (2016)
Benchmark Litigation US Awards “Regional Litigator Of the Year Award – West” Short List (2014)
Managing IP’s “IP Stars” (2013-present)
The Legal 500: United States (2011-present)
IAM Patent 1000 Recommended for District Court and ITC (2009 - present)
Daily Journal’s 75 Leading Intellectual Property Litigators (2009-12, 2014-16)
Daily Journal’s Top 20 Lawyers in California Under the Age of 40
Silicon Valley Business Journal’s 40 Under 40

Experience

Mr. Chaikovsky has litigated both in district courts and the ITC in technology fields as diverse as networking and broadband infrastructure; semiconductors; LEDs; wireless communication standards such as Bluetooth, CDMA, SMS, and WiFi; video compression; navigation systems; software; hardware; consumer electronics; analog devices; and medical devices.

He has represented both plaintiffs and defendants. In representing entities such as Rovi (now TiVo) and Thomson against multiple entities, his clients received payments of over $1 billion. In representing defendants, he has defeated claims that in aggregate exceed over $1 billion.

Throughout his career, his clients have included:

Adobe
Amazon
AOL
Applied Materials
AT&T Mobility
AU Optronics
Big Ten Networks
Bourns, Inc.
Broadcom
BYD Motors
Carl Zeiss
eBay
Fairchild Semiconductor
Fastenetix
Fitbit, Inc.
Fox Entertainment Group
Fox Sports Interactive
Funzio Games, Inc.
Futurewei Technologies, Inc. d/b/a
GREE, Inc.
Gree International Entertainment, Inc.
H.I.G. Capital
HTC America
HTC Corporation
Huawei Technologies (USA)
Intel
Intuit
Kinetic Technologies
Lexar Media
LinkedIn
McGaw
Micron Technology
Motorola
MySpace
Newegg
Payner Media
PayPal
Pelagic, Inc.
Photobucket
Rovi Corporation now TiVo
Sears Roebuck & Co.
Snap Inc.
Sony Corporation
Sony Electronics
Sony Pictures
Spansion
Target
Thomson Licensing Inc.
Thomson Licensing S.A.
Trend Micro
Twitter
Vitesse Semiconductor
Xtera, Inc.
Yahoo!

Speaking Engagements and Publications

Mr. Chaikovsky is the author of numerous publications and a frequent speaker on the subject of intellectual property, including:

Speaker, “Where Are We Now and How Did We Get Here?,” Daily Journal’s 2018 NorCal Patent Disputes Forum, April 2018.
Speaker, "The Direction of SEPs and FRAND/RAND at the ITC: Assessing the Impact of Recent Developments on Your Complaints Moving Forward," ACI's 10th Annual Expert Forum on ITC Litigation & Enforcement, March 2018.
Speaker, Patent Year in Review, Lex Machina, February 2018
Speaker, Patent Exhaustion Post-Lexmark, Advanced Patent Law Institute, December 2017
"Oil States Arguments", Webinar, Paul Hastings, November 2017
Speaker, "Judge Gilstrap's Test and 'Intervening Change in Law'?" Latest on Venue", Webinar, Intellectual Property Owner's Association, August 2017
"Don't Expect a Rash of Patent 'Shootouts'," Law360, August 2017
"Gilstrap's Venue Test: The 4 Factors and What They Mean," Law360, July 2017
"Hsu Untied", Podcast, July 2017
"TC Heartland is Already Remaking the Patent Litigation Map", Law360, July 2017
“Foreign Cos. Expected To Test Venue Rules After TC Heartland,” Law360, June 2017
“Tech Wins Big in TC Heartland, but 'A Lot of Fighting' Remains,” The Recorder, May 2017
Trend Micro Gets Patent Case Shipped Out of East Texas,” Law360, May 2017
“Intellectual Property Editorial Advisory Board,” Law360, March 2017
“Hard Times For Patent Trolls And Challengers As Courts, Targets Fight Back,” Forbes, March 2017
“Supreme Court Seems Unenthusiastic About Eliminating Patent-Troll Venue,” Forbes, March 2017
“Patent Cases To Watch In 2017,” Law360, January 4, 2017
“Amazon, HTC Get 8 Video Patents Killed Under Alice,” Law360, January 2017
“Speaker, Alice Test: Is it Clearing District Court Dockets and Making the Concept of Preemption for Ineligible Subject Matter a Dead Issue?, Daily Journal NorCal Patent Forum, April 2016.
“Trial Pros: Paul Hastings' Yar Chaikovsky” Law 360, February 2016.
“Market for Patent Litigators Remains Strong Despite Troll Thrashing,” The Recorder, January 2015.
Speaker, “International Trade Commission 2014: A Year in Flux (Learning from Recent Developments)” Advanced Patent Law Institute, December 2014.
“Patent Bar Takes Hint on Laches from Copyright Ruling,” The Recorder, October 2014.
“Judges hesitant to shift fees in patent cases,” The Daily Journal, September 2014.
“Newegg Wields New Case Law in Old Fight Against Acacia,” The Recorder, September 2014.
“Circuit Judges Put Spin on Patent Fee-Shifting,” The Recorder, August 2014.
“Twitter, Yahoo Lead MDL Fee Fight Against NPE,” The Recorder, July 2014.
“Interview: McDermott Will's Yar Chaikovsky,” The Recorder, July 2014.
“Yahoo Wins Patent Case Against Acacia,” Law360, June 2014.
Moderator, “South Korea Focus,” Managing Intellectual Property’s IP In Asia Forum 2014: Growth and Opportunities for U.S. Companies, May 2014.
“Fed. Circ. Says Octane Fitness Revives Newegg Fee Bid,” Law360, May 2014.
“Top Lawyers,” The Daily Journal, April 2014.
“Intellectual Property Roundtable Series,” California Lawyer, February 2014.
Panelist, “Recent Decisions in Patent Exhaustion: Bowman, Kirtsaeng and other developments impacting the exhaustion doctrine,” Advanced Patent Law Institute, December 2013.
“IP Law Expert Q&A,” The Recorder, July 2013.
“Venue Fight,” The American Lawyer, April 2013.
Moderator, “Coordinating International Litigation: Focus on German Patent Enforcement,” Advanced Patent Law Institute, December 2012.
“After Patent Reform, MDL Docket Emerges as New Arena for Patent Fights,” The Recorder, December 2012.
“Plan to Pool LTE Patents Takes Shape,” The Wall Street Journal, October 2012.
“Leading Intellectual Property Practices,” The Recorder, June 2012.
“GE Group Squares Up to Apple in iTunes Case,” Financial Times, May 2012.
“Recent Patent Defense Verdicts Could Signal New Era for Eastern Texas,” National Law Journal, May 2012.
“Top IP Attorneys,” The Daily Journal, April 2012.
“Preparation Was the Key – Also, Humanity,” National Law Journal, March 2012.
“Interview: Common Misperceptions About Monetizing Patents,” Thomson Reuters “Legal Current,” January 2012.
Speaker, “A New World for Indirect Infringement? The Supreme Court's View of Indirect Patent Infringement Standards,” Advanced Patent Law Institute, December 2011.
“Patent Reform Problems For Startups,” Bloomberg Law, 2011.
“Harness Your Innovation and Build-Up Effective Litigation Strategy,” October 2011.
Presenter, “Discussing Remarks of Chief Judge Randall Rader,” 15th Annual Eastern District Bench Bar Conference Jointly with the Federal Circuit Bar Association, September 2011.
“Filing a Section 337 Case,” ITC Trial Lawyers Association “Section 337 Proceedings before the U.S. International Trade Commission Program” in China, May 2011.
Panelist, “ITC Section 337 Patent Enforcement Update,” Advanced Patent Law Institute, December 2010.
Moderator, “Trial Lawyer Panel,” Berkeley Center for Law & The Federal Bar Association's Conference on Evolving Damages, October 2010.
Contributing Author, “Chapter 1: Administrative Agencies: ITC and USPTO,” Patent Obviousness in the Wake of KSR International Co. v. Teleflex Inc., 2010.
Panelist, “FTC Hearing on the Evolving Marketplace,” May 2009.
“Inter Partes Reexamination of Patents: An Empirical Evaluation,” Texas Intellectual Property Law Journal, Fall 2006.
“Globalization, Technology without Boundaries & the Scope of U.S. Patent Law”, University of San Francisco Intellectual Property Law Bulletin (Vol. 9, No. 2), Spring 2005.
“To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy,” A Report by the Federal Trade Commission, October 2003.

Professional and Community Involvement

Fellow of the Litigation Counsel of America.
Elected as a member of The Fellows of the American Bar Foundation (ABF). Membership in The Fellows is limited to one-third of one percent of lawyers licensed to practice in each jurisdiction.
Adjunct lecturer of intellectual property at Stanford Law School, and frequent speaker at conferences around the nation on various aspects of intellectual property law.
Member of several professional organizations, including the American Bar Association, American Intellectual Property Law Association, Federal Circuit Bar Association, International Trade Commission Trial Lawyer Association, and American Electronics Association.

Education

University of California-Los Angeles School of Law, J.D., 1994

Obtained the Wheat Scholarship and Murray Fellowship

University of Southern California, B.S. in Computer Science, magna cum laude, 1991

Received the University’s highest scholarship honor, a Trustees’ Scholarship

Court Admissions

Admitted to practice in California; the Supreme Court of the United States; the United States Courts of Appeal for the Federal Circuit and Ninth Circuit; the United States District Courts for the Northern District of California, Central District of California, Eastern District of Texas, Northern District of Texas, Colorado, and District of Columbia; and before the U.S. Patent and Trademark Office

Rankings & Awards

Recognized as the Post-Grant Firm of the Year by IAM Magazine
Paul Hastings was recognized as the Post-Grand Firm of the Year at Intellectual Asset Management's inaugural Global IP Awards. The award recognizes the achievements of the firm's Patent Trial and Appeal Board (PTAB) Team, which practices before the US Patent & Trial Office. Over the past year, the team's accomplishments include numerous post-grant proceeding victories for technology and life sciences clients - four of which were affirmed by the Court of Appeals for the Federal Circuit.
January 30, 2019

Recognized by Chambers USA 2018
Chambers USA 2018: America’s Leading Lawyers for Business listed the firm in 45 research areas and named 112 firm lawyers to its rankings of leading lawyers and law firms in the United States.
May 15, 2018

Law360 MVP Awards for 2017: Technology

Yar Chaikovsky was named an MVP award winner by Law360 under the "Technology" category. The article noted his successful representation of Trend Micro, in a patent infringement suit filed by Intellectual Ventures, as his biggest accomplishment this year. The article also noted his successful representation of HTC, invalidating eight video and data patents and over 200 claims asserted by Virginia Innovation Sciences.

Law360 reviewed more than 750 submissions, selecting attorneys with “successes in high-stakes litigation, record-breaking deals and complex global matters” as this year’s MVP award winners.

December 22, 2017

Paul Hastings IP Practice Honored in IAM Patent 1000

Intellectual Asset Management highlighted Paul Hastings' IP practice in IAM Patent 1000: The World's Leading Patent Professionals. The guide ranked the firm's practices Nationwide as well as in New York and Washington, DC.

Paul Hastings partners were ranked in California: Yar Chaikovsky; New York: Joseph O'Malley; Gerald Flattmann; Preston Ratliff; Bruce Wexler; Samuel Waxman; Washington DC: Naveen Modi; Blair Jacobs; Joseph Palys; and Allan Soobert; and in Japan: Hiroyuki Hagiwara.

Paul Hastings attorneys were also recognized in IAM's Nationwide tables: Yar Chaikovsky and Blair Jacobs were recommended for International Trade Commission litigation; Jacobs was recommended for his experience in Federal Circuit appellate litigation; and Naveen Modi and Joseph Palys were both recognized for their strength in post-grant proceedings.

Preston Ratliff was also noted in the IAM Strategy 300, which recognizes individuals for their work in protecting intellectual property as a key business asset.

June 06, 2017

Recognized by Chambers USA 2017
Chambers USA 2017: America’s Leading Lawyers for Business named 46 of the firm’s practice areas and 112 individuals to its ranking of leading lawyers and law firms in the United States.
June 05, 2017

National Law Journal names Paul Hastings IP Partners as Winning Litigators, Trailblazers

In successive days, the National Law Journal honored members of Paul Hastings IP Litigation team with two nationwide recognitions.

In the first recognition, NLJ named Yar Chaikovsky as named a Winning Litigator for his success representing the internet security company, Trend Micro, Inc in the US District Court of Delaware. In the second award, NLJ jointly named Chaikovsky, Blair Jacobs, and Chris Kennerly as Trailblazers in Litigation for their defense of AT&T against Cellular Communications Equipment LLC, a subsidiary of Acacia Research Group.

NLJ received hundreds of nominations for each of the annual series, which are among their most competitive.

December 06, 2016

Benchmark Litigation 2017

Benchmark Litigation recognized Yar Chaikovsky, Gerald Flattmann, Douglas Flaum, Holly House, Joseph O'Malley, Barry Sher, Peter Stone, William Sullivan, Bruce Wexler, William K. Whitner, and Thomas Zaccaro as Litigation Stars in its 2017 guide, which focuses exclusively on litigation in the United States. The guide is the result of six months of research, including extensive interviews with litigators and clients as well as a close examination of recent casework handled by the firm.

The firm was ranked in Tier 1 for U.S. Intellectual Property and as Highly Recommended in California.

October 21, 2016

Recognized by Chambers USA 2016
Chambers USA 2016: America’s Leading Lawyers for Business named 47 of the firm’s practice areas and 112 individuals to its ranking of leading lawyers and law firms in the United States.
June 08, 2016

Paul Hastings IP Practice Honored in 2016 IAM Patent 1000
Intellectual Asset Management highlighted Paul Hastings' IP practice in its IAM Patent 1000: The World’s Leading Patent Professionals 2016. The guide ranked the firm’s Nationwide, New York, Washington, D.C., and Georgia IP practices; and partners Yar Chaikovsky, Gerald Flattmann, Blair Jacobs, Robin McGrath, Naveen Modi, Joseph O'Malley, Joseph Palys, Preston Ratliff, Samuel Waxman, and Bruce Wexler were recognized as leading lawyers.
May 27, 2016

Benchmark Litigation 2016

Benchmark Litigation recognized Yar Chaikovsky, Gerald Flattmann, Douglas Flaum, Holly House, Joseph O'Malley, Barry Sher, Peter Stone, William Sullivan, Bruce Wexler, and William K. Whitner as Litigation Stars in its 2016 guide, which focuses exclusively on litigation in the United States and is the result of six-months of research that includes extensive interviews with litigators, clients and a close examination of recent casework handled by the firm. The firm was ranked as Highly Recommended in California, and in Tier 2 for US Intellectual Property.

Additionally, the firm was shortlisted for the 2016 Benchmark Litigation US Awards in the State Firm Awards – California category, and Yar Chaikovsky was shortlisted in the Practice Area Attorneys of the Year – Intellectual Property category.

December 09, 2015

Paul Hastings IP Practice Honored in 2015 IAM Patent 1000
Intellectual Asset Management highlighted Paul Hastings' IP practice in its IAM
Patent 1000: The World’s Leading Patent Professionals 2015. The guide ranked the firm’s Nationwide, New York, and Washington, D.C. IP practices; and partners Yar Chaikovsky, Gerald Flattmann, Blair Jacobs, Naveen Modi, Joseph O'Malley, Steven Park, Jeff Randall, Preston Ratliff, Allan Soobert, and Bruce Wexler were recognized as leading lawyers.
June 17, 2015

Managing IP's 2015 IP Stars
Yar Chaikovsky, Gerald Flattmann, Blair Jacobs, Chris Kennerly, Naveen Modi, Joseph O'Malley, and Bruce Wexler were named 2015 IP Stars by Managing Intellectual Property magazine. Nationwide, the firm's Intellectual Property practice was ranked in the Bio/Life Sciences, Copyright, and Patent Contentious categories. In New York, the firm was ranked Highly Recommended in the Patent Contentious category, and in California, the firm was ranked Recommended in the Copyright and Patent Contentious categories.
May 15, 2015

Daily Journal Recognizes Chris Kennerly and Yar Chaikovsky as Top IP Attorneys

Chris Kennerly and Yar Chaikovsky were recognized by the Daily Journal in its 2015 Top Intellectual Property lawyers list.

April 20, 2015

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Yar R. Chaikovsky

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