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.







2013年及び2014年には、IAM Patent 1000 – The World’s Leading Patent Practitioners に選出された。2010年から2011年及び2013年から2014年には、特許分野でLegal500に選出された。また2014年及び2015年には、IP StarとしてManaging Intellectual Property 誌に選出された。

当事務所に所属する以前は、連邦巡回区控訴裁判所の裁判官アルヴィン A. シャール判事のもとでロークラークを務めた(1996-1997)。


ジョージワシントン大学ロースクールの非常勤教授を務めたほか、Federal Circuit Bar Journal 誌の特許法セクションの編集委員も務めた。米国国内はもとより日本などにおいても頻繁にセミナー講師を務める。


ジョージワシントン大学ロースクール卒業(法学博士号、成績最優秀で取得、1996年)。在学中は George Washington University Law Review の編集委員を務めた。メリーランド大学で電気工学の学位をクラストップの成績で取得した(理学学士号, 電気工学専攻)、最優等 (summa cum laude) で取得、1993年)。


米国知的財産権法協会 (AIPLA)、 米国法曹協会(ABA)、ジャイルズS.リッチ 米国法曹学院 (Giles S. Rich American Inns of Court) の会員。



Representative Experience

  • 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.

Awards and 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
24 January 2024 Events

AI in Practice: How AI Systems Are Being Deployed, Utilized, and Protected

The Association of Corporate Patent Counsel (ACPC) is pleased to gather with its Chief Patent Counsel community at the 2024 Winter Meeting for three days of in-person professional programming, networking, and social activities at the Four Seasons Hotel in New Orleans, LA on January 21-24, 2024.
10 May 2023 Events

Brainwaves: A Foley Forward Experience

Part of the firm’s signature Foley Forward series of events, our inaugural Brainwaves summit will provide an immersive experience with insights from across the health care, life sciences, and technology spectrum.
03 May 2023 Innovative Technology Insights Podcast

Episode 5: Generating the Future of AI with Peter Prettenhofer of DataRobot

In our fifth episode, Peter Prettenhofer, VP of Engineering for DataRobot, joins Pavan Agarwal for a discussion on generative artificial intelligence and its disruptive potential.
11 April 2023 Manufacturing Industry Advisor

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Automakers and their suppliers have long been participants in unfair trade investigations before the ITC brought pursuant to 19 U.S.C. § 1337 (Section 337 investigations), but the scope and subject matter of automotive-related investigations is evolving.
20 April 2022 The Path & The Practice

Podcast Episode 82: Pavan Agarwal, Partner

This episode features a conversation with Pavan Agarwal. Pavan is a partner in Foley’s Washington, D.C., office with a practice focused on intellectual property litigation and licensing.
14 March 2022 Blogs

Key Challenges Facing XaaS Companies

With the continued growth of the market for cloud-based services, companies expanding into the Anything-as-a-Service (XaaS) category should be cognizant of the challenges posed by changing competitive, jurisdictional, and business landscapes across the globe.