Pavan K. Agarwal

Pavan K. Agarwal uses his strong business acumen to provide practical legal counsel that supports clients’ overall business goals. 

A partner and intellectual property lawyer with Foley & Lardner LLP, Pavan applies his decades of experience advising clients on business impacts of patents throughout their lifecycle. His practice is centered on patent law and trade secret law, with concentration on patent litigation and licensing, opinions, and counseling (including patent prosecution). 

With an emphasis on advising electronics and automotive technology companies, Pavan represents clients in leading-edge technical sectors such as artificial intelligence, autonomous vehicles, and medtech. In patent disputes, he has extensive experience representing manufacturing and high-tech clients in several patent-heavy U.S. Federal Districts, the International Trade Commission, and in post-grant proceedings (mostly inter partes reviews) in front of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). He has litigated numerous cases and conducted licensing negotiations related to standard essential patents (SEPs). 

Pavan is chair of the firm’s Innovative Technology Sector and a member of the Automotive Sector. He is a member of the firm's Electronics, IP Litigation, Appellate, and International Practices. His past firm leadership positions include chair of the firm’s Intellectual Property Department and member of the firm’s Management Committee.

Pavan regularly lectures both in the United States and internationally, emphasizing leading-edge legal and technical trends. He has spoken and written about artificial intelligence, connected cars and autonomous vehicles, as well as wireless communications. Previously, Pavan served as an adjunct professor at the George Washington University Law School, as a patent editor for the Federal Circuit Bar Journal, and as a judicial clerk to the Honorable Alvin A. Schall of the U.S. Court of Appeals for the Federal Circuit.

Recognition

• IAM Patent 1000 – The World’s Leading Patent Practitioners
• The Legal 500
• Managing Intellectual Property magazine - IP Star

Professional Memberships

• The American Intellectual Property Law Association
• The American Bar Association
• The Giles S. Rich American Inns of Court

Representative Matters

• Represented home security company in International Trade Commission investigation where major competitor asserted infringement of two patents. Achieved competitor dropping one patent during the course of the investigation. Successfully litigated the remaining patent to obtain summary determination of noninfringement in favor of client. This decision was upheld by the Commission (and was not appealed)
• Represented major automotive supplier in inter partes reviews on patents that were asserted against certain automakers in district court litigation. Two IPRs were favorably resolved shortly after the IPR petitions were filed. The USPTO PTAB instituted proceedings on the two remaining patents, and issued final decisions invalidating all the asserted claims.
• Represented leading chipmaker in patent infringement and trade secret litigations in Federal District Court, and in 337 patent infringement litigation in the International Trade Commission (ITC). Technologies included graphics processing, memory control, semiconductor processing, and phased arrays.
• Represented Greene’s Energy Company before U.S. Supreme Court in case concerning constitutionality of inter partes review proceedings. Supreme Court ruled in favor of client, upholding constitutionality of IPRs.

Education

• The George Washington University Law School (J.D., with highest honors, 1996)
  • Member, The George Washington University Law Review
• The University of Maryland (B.A. – Electrical Engineering, summa cum laude, 1993)
  • Graduated first in class

Admissions

• Virginia, Washington, D.C.
• The U.S. Court of Appeals for the Federal Circuit
• The U.S. Patent and Trademark Office