Lucas I. Silva


Lucas I. Silva is a partner in the firm’s Intellectual Property Litigation Practice Group. An experienced trial lawyer, Lucas has extensive experience litigating complex patent infringement cases covering a wide range of technologies such as telecommunications, semiconductor packaging, medical devices, business intelligence software, data backup, magnetic braking, sound reproduction systems, online advertising, solar panel assemblies, and 3D printing. Lucas has also tried cases involving intellectual property licenses as well as patent infringement cases involving standard essential patents, both in the district courts and at the International Trade Commission. In addition, Lucas has experience conducting inter partes review proceedings before the United States Patent and Trademark Office, and handling patent-related appeals before the U.S. Court of Appeals for the Federal Circuit.

Prior to joining Foley, Lucas was an associate in the intellectual property litigation practice group of a Boston-area boutique intellectual property firm and an intern for the Honorable F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts.

Representative Experience

  • Philips v. Thales, Telit, Quectel, et al. (District of Delaware): Currently representing Standard Essential Patent (SEP) owner in cases brought against numerous defendants for infringement of patents covering UMTS and LTE telecommunications standards.
  • Kids II v. XRT (Northern District of Georgia): Represented plaintiff/licensee in breach of contract action relating to technology license agreement covering categories of children’s toys. The Foley team secured a summary judgment against the defendant’s claim for material breach of contract and secured an award of attorneys’ fees after a successful jury trial on the remaining claims.
  • Magnetar v. Six Flags, et al. (District of Delaware): Represented theme park operators in defending claims for infringement of patents directed to roller coaster braking technology. After discovering a video in the plaintiff’s possession that showed the patented invention to be in public use before the on sale bar date, the Foley team secured a summary judgment of invalidity on multiple grounds and successfully sought recovery of attorneys’ fees.
  • Purdue University v. Omron (Northern District of Illinois): Represented defendant manufacturer of blood pressure monitoring equipment in patent infringement case alleging tens of millions of dollars in damages. After successfully getting the case transferred, the Foley team secured a dismissal of the case prior to summary judgment or trial.
  • General Electric v. Vibrant Media (District of Delaware): Represented software company defending claims for infringement of patents directed to online advertising methods and systems. After a co-defendant agreed to pay seven figures to settle the case, the Foley team prevailed in inter partes reviews of the patents-in-suit.
  • Bose v. SDI Technologies, et al. (District of Massachusetts): Represented the defendant in a case involving claims of infringement of patents directed to music systems having audio storage components. The Foley team secured a favorable claim construction ruling and then prevailed at summary judgment on the basis that our client lacked the intent necessary to indirectly infringe the asserted claims.

Recent International Trade Commission Experience

  • Served as lead counsel for Complainant in ITC Investigation, Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, Rowing Machines and Components Thereof, 337-TA-1310.
  • Represented Respondent in ITC Investigation, Certain Electronic Exercise Systems, Stationary Bicycles, Components Thereof, and Products Including Same, 337-TA-1305.
  • Represented Complainant in ITC Investigation, Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same, 337-TA-1240.
  • Represented Complainant in ITC Investigation, Certain Wearable Monitoring Devices, Systems, and Components Thereof, 337-TA-1190.

Awards and Recognition

  • Massachusetts Super Lawyers – Rising Stars® which recognizes the top 2.5% of Massachusetts lawyers under 40 (2014 – 2016)
09 February 2022 In the News

Lucas Silva Discusses Federal Court Decision on Applicant Admitted Prior Art in IPRs

Foley & Lardner LLP Partner Lucas Silva is quoted in a Law360 article titled, “Fed. Circ. Raises The Bar For 'Admitted' Prior Art In IPRs.”
03 February 2022 Blogs

Applicant Admitted Prior Art Cannot Be a “Basis For” an IPR Challenge

In a decision dated February 1, 2022, the Federal Circuit confirmed that applicant admitted prior art (AAPA) may not form the basis of a validity challenge in an inter partes review (IPR).
01 February 2022 Press Releases

Foley Elects 20 New Partners

Foley & Lardner LLP is pleased to announce the election of 20 lawyers to its partnership, effective February 1, 2022.
08 January 2020 In the News

Foley Prevails Before 11th Circuit on Behalf of Kids2, Inc.

The 11th U.S. Circuit Court of Appeals ruled in favor of Foley client Kids2, Inc., an Atlanta-based toy and baby product manufacturer, following a trial victory for Kids2 in 2019 in a royalty agreement dispute.
29 March 2019 Press Releases

Foley Secures Summary Judgment and Favorable Jury Verdict for Kids II, Inc. in Contract Dispute Over Royalties

Foley & Lardner LLP secured summary judgment and a jury verdict in a royalty contract dispute on behalf of Kids II, Inc., an infant and toddler toy and product manufacturer, before the U.S. District Court for the Northern District of Georgia Atlanta Division.
18 October 2018 Press Releases

Foley Attorneys Named 2018 Massachusetts Super Lawyers and Rising Stars

Foley & Lardner LLP is pleased to announce that 16 of its lawyers have been named to the 2018 Massachusetts <EM>Super Lawyers</EM> list - a distinction limited to just 5 percent of the state's lawyers.