Jeffrey L. Fillerup

Jeffrey Fillerup has been a business litigator for more than 25 years, focusing on litigating intellectual property, franchise/distribution, unfair competition, and insurance coverage issues in federal district court, state court and bankruptcy court. He has particular expertise in handling and trying adversary proceedings in bankruptcy court, and he is a Certified Legal Specialist in Franchise and Distribution Law.

Recent Work / Representative Matters

Intellectual Property Litigation:

Defended patent case seeking damages for alleged infringement of photo-sharing patents.

Defended patent case seeking damages for induced and contributory infringement of erosion-control method patents.

Lead defense counsel in a two-month patent infringement trial regarding athletic equipment patents, resulting in a defense ruling of invalidity and non-infringement.

Defended breach of license agreement suit relating to the development and licensing of cellular software.

Defended legal malpractice suit seeking $60 million in damages for alleged malpractice in connection with the defense of a patent infringement claim relating to die casting patents.

Lead appellate counsel in case involving an assignee’s standing to sue for patent infringement (reported at 211 F.3d 1245 (Fed. Cir. 1999)).

Prosecuted copyright and unfair competition suit against an inventory software company alleging that the defendant had misappropriated the plaintiff’s code.

Defended copyright/trade secrets claims against former employees of investment bank who allegedly used the plaintiff's software in defendants’ new business.

Franchise / Distribution Litigation:

Defended class action suit by distributors against a direct-sales nutritional supplement company.

Defended claims by a group of franchisees alleging that they were fraudulently induced to become franchisees.

Prosecuted suit against a former franchisee for violation of a non-competition covenant and trademark infringement.

Prosecuted suit by franchisor against a former employee for misappropriation of trade secrets and obtained a preliminary injunction enjoining competition while suit was pending.

Prosecuted suit against a software company alleging that its distribution system was an unregistered franchise under the California Franchise Investment Law.

Lead plaintiffs’ counsel in breach of franchise agreement/encroachment suit against a national retail franchisor.

Prosecuted claims by a chemical manufacturer against a worldwide exclusive distributor for unfair competition and breach of exclusive distribution agreement.

Lead plaintiff’s counsel in a suit against a national retailer alleging tying violations.

Bankruptcy Court Litigation:

Lead trial counsel in bankruptcy court trial concerning the assignment of the debtor’s Internet-related patents.

Lead trial counsel in bankruptcy court trial involving the recovery of 13 parcels of real property transferred by the debtor pre-petition.

Lead trial counsel in bankruptcy court trial concerning preference payments made to overnight delivery company.

Prosecuted adversary proceeding against real estate agents and brokers seeking to recover a 24-unit apartment building for the debtor’s estate.

Prosecuted legal malpractice claims alleging that the defendant’s malpractice had caused the debtor’s bankruptcy.

Prosecuted breach of fiduciary duty and deepening insolvency claims against former officers and directors of the debtor.

Arbitrated insurance coverage claims seeking to recover $19 million in losses suffered by the debtor pre-petition because of accounting irregularities.

Insurance Coverage Litigation:

Prosecuted and defended more than 100 major insurance coverage cases involving coverage under business liability policies.

Memberships

ABA Forum on Franchising.

Defense Research Institute.

San Francisco Intellectual Property Law Association (SFIPLA).

American Intellectual Property Law Association (AIPLA).

ABA Insurance Coverage Litigation Committee.

Board Member: California Board of Legal Specialization for Franchise and Distribution Law.

Legal Specialist: California State Bar in Franchise and Distribution Law.

California Bankruptcy Forum.

National Association of Bankruptcy Trustees (NABT).

Special Notes

Judicial Clerk, U.S.D.C., S.D. Cal., 1984-85 (Judge Brewster).