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61st Annual New Appellate Judges Seminar

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Morrison & Foerster appellate associates Lena Hughes and Seth Lloyd with participate in a Moot Court Exercise at IJA’s 61st Annual New Appellate Judges Seminar on July 15, 2019 at New York University Law School.

Morrison & Foerster appellate associates Lena Hughes and Seth Lloyd with participate in a Moot Court Exercise at IJA’s 61st Annual New Appellate Judges Seminar on July 15, 2019 at New York University Law School.See more information about this <a target="_blank" href="https://www.law.nyu.edu/centers/judicial/appellatejudgesseminar">event</a>.<hr>

Institute of Judicial Administration at New York University School of Law

61st Annual New Appellate Judges Seminar

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Seth Lloyd, a member of Morrison Foerster’s Appellate and Supreme Court practice, has briefed dozens of appeals in federal and state courts of appeals nationwide. Seth has presented oral arguments in the U.S. Courts of Appeals for the D.C. Circuit, the Seventh Circuit, the Ninth Circuit, and the Federal Circuit, as well as in the New Jersey Appellate Division.Seth has particular experience in patent appeals before the Federal Circuit. He has authored successful briefs for both patentees and defendants on a wide range of technologies, from medical devices to pharmaceuticals to computer hardware and software. His practice includes appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. Seth also has argued five times in the Federal Circuit. His winning arguments include a successful reversal of three PTAB decisions in a consolidated appeal for a computer memory designer. Seth is co-chair of the Federal Circuit Bar Association’s Administrative Law & Regulatory Committee. And he is an Editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Seth regularly practices in the United States Supreme Court. He has drafted petitions and amicus briefs at the certiorari stage, as well as party and amicus briefs at the merits stage. Among his successes at the U.S. Supreme Court, Seth helped secure unanimous reversal of the Alabama Supreme Court’s refusal to grant full faith and credit to a lesbian couple’s Georgia adoption judgment. Seth also moots members of the bar for Supreme Court arguments through the Georgetown Supreme Court Institute and is a member of the Edward Coke Appellate Inn of Court.Seth’s clients and peers recognize his expertise. Legal 500 named Seth a Key Lawyer; Super Lawyers called him a Rising Star; and Best Lawyers in America added him to its Ones to Watch list, all for appellate practice. Before joining Morrison Foerster, Seth served as a law clerk for Judge Richard G. Taranto of the Federal Circuit. He earned his J.D. from Stanford Law School, where he worked on two successful certiorari petitions and one successful merits case through Stanford’s Supreme Court Litigation Clinic.Seth also holds a Ph.D. and M.S. in electrical engineering from Stanford University. During his graduate studies, he received the National Defense Science and Engineering Graduate Fellowship, published 10 peer-reviewed articles, and co-invented the subject matter of five U.S. patents.<h4>Appellate Arguments</h4><ul><li><a href="/resources/video-audio/220114-renesas-electronics-v-broadcom-corporation" target="_self">Renesas Electronics Corp. v. Broadcom Corp.</a> (00:10) (Fed. Cir.) Argued and won affirmance for inter partes review petitioner in challenge to electronic device claims</li><li><a href="/resources/video-audio/170609-netlist-inc-v-diablo-technologies" target="_self">Netlist, Inc. v. Diablo Technologies, Inc.</a> (02:56) (Fed. Cir.) Argued and won reversal for owner of computer memory patents in appeals from three consolidated inter partes reviews</li><li><a href="/resources/video-audio/200610-google-llc-v-netlist-inc" target="_self">Google LLC v. Netlist, Inc.</a> (13:15) (Fed. Cir.) Argued and won affirmance for owner of computer memory patents in consolidated appeals from decade-long reexamination</li><li><a href="/resources/video-audio/220309-apple-inc-v-mph-technologies" target="_self">Apple Inc. v. MPH Technologies Oy</a> (00:16) (Fed. Cir.) Argued for inter partes review petitioner in challenge to computer security claims</li><li><a href="/resources/video-audio/180808-netlist-inc-v-sandisk-llc" target="_self">Netlist, Inc. v. SanDisk LLC</a> (01:53) (Fed. Cir.) Argued for patent owner in consolidated appeals raising APA challenges to inter partes review decisions</li><li><a href="/resources/video-audio/201026-nicole-k-v-stigdon" target="_self">Nicole K. v. Stigdon</a> (00:16) (7th Cir.) Argued for children in Indiana foster care raising constitutional due process claims</li><li><a href="/resources/video-audio/200306-strike-3-holdings" target="_self">Strike 3 Holdings, LLC v. Doe</a> (21:40) (D.C. Cir.) Argued as court-appointed amicus defending an order refusing a subpoena to unmask an internet subscriber’s identity</li><li><a href="/resources/video-audio/161118-harris-v-mangum" target="_self">Harris v. Mangum</a> (00:02) (9th Cir.) Argued as court-appointed amicus defending indigent prisoner’s right to a guardian ad litem</li></ul><h4>Additional Representative Matters</h4><ul><li>Broadcom Corp. v. International Trade Commission (Fed. Cir.) Successfully defended ITC’s determination of no Section 337 violation in case involving multiple patents directed to system-on-chip technology for automobile infotainment systems</li><li>Chugai Pharmaceutical Co. v. Alexion Pharmaceuticals (D. Del.) Successfully beat back defendant’s push for summary judgment of invalidity for lack of written description on pharmaceutical genus claims, ultimately helping to secure a $775 million settlement for the patent owner</li><li>C.R. Bard Inc. v. AngioDynamics, Inc. (Fed. Cir.) Secured reversal of district court judgment of non-infringement, no willfulness, and invalidity, reviving Bard’s infringement case on three patents</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) Successfully defended trial victory for breach of patent licensing agreement and further won judgment entitling Washington University to prejudgment interest</li><li>Nevro Corp. v. Boston Scientific Corp. (Fed. Cir.) Secured reversal for Nevro of district court judgment of invalidity for indefiniteness</li><li>Federal National Mortgage Association v. Zabriskie (9th Cir.) Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Henson v. Santander Consumer USA Inc. (S. Ct.) Represented U.S. Chamber of Commerce and others as amici supporting respondent in unanimous affirmance of Fair Debt Collection Act decision</li><li>BASF Corp. v. Johnson Matthey Inc. (Fed. Cir.) Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>C.R. Bard Inc. v. Medline Industries, Inc. (Fed. Cir.) Won vacatur for petitioner of three Patent Trial and Appeal Board decisions on obviousness for patents to medical device technology</li><li>Altayyar v. Etsy, Inc. (2d Cir.) Secured dismissal of securities fraud case for failure to adequately plead falsity</li><li>Bridge & Post, Inc. v. Verizon Communications, Inc. (Fed. Cir.) Secured dismissal because asserted patents claimed unpatentable subject matter</li><li>Sam Francis Foundation v. Christie’s, Inc. (S. Ct.) Successfully preserved Sotheby’s en banc win at the Ninth Circuit based on the dormant Commerce Clause</li><li>Phigenix, Inc. v. Genentech, Inc. (Fed. Cir.) Secured total victory of noninfringement for Genentech</li><li>Deason v. Fujifilm Holdings Corp. (New York Appellate Division, First Department) Secured reversal in major shareholder challenge to corporate acquisition</li><li>V.L. v. E.L. (S. Ct.) As counsel for children’s guardian ad litem, secured reversal of Alabama Supreme Court’s refusal to grant full faith and credit to Georgia judgment recognizing lesbian mother as legal parent</li></ul>

Seth W. Lloyd

Associate

Lena Hughes, a member of Morrison Foerster’s Appellate and Supreme Court practice, handles appeals and critical motions in federal and state courts across the country. She has presented oral arguments in multiple federal courts of appeals as well as in New York state appellate courts.Lena’s practice encompasses many issues important to businesses, including restructuring, class actions, securities, false advertising, arbitration, the False Claims Act, and commercial disputes. She has briefed dozens of appeals in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the First, Second, Third, Fifth, Ninth, Federal and D.C. Circuits, and the New York and California state courts.Lena has particular experience in the Second Circuit, where she clerked on both the appellate and district courts. For example, she secured a Second Circuit win that a <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> called a “major ruling” and “important synthesis of appellate precedent” that “put significant qualifiers” on constitutional standing to sue in data breach cases. Lena also serves on the Second Circuit’s pro bono panel.Lena also has significant experience in the New York state appellate courts. In one of her New York Appellate Division arguments, she successfully secured vacatur of a trial court order denying a permanent stay of arbitration.Lena also has played substantial roles in major restructuring matters. For example, she argued an appeal for creditors in one of the most successful reorganizations of a coal company in recent times, and she represented the Ad Hoc Group of Constitutional Debtholders in successfully defending the confirmation order in the Puerto Rico bankruptcy.Lena is an Editor of Morrison Foerster’s <a href="https://leftcoast.mofo.com/">Left Coast Appeals</a> blog, which keeps tabs on the Ninth Circuit and its decisions.Before joining Morrison Foerster, Lena served as a law clerk to Justice Elena Kagan of the U.S. Supreme Court. Lena also served as a Bristow Fellow in the Office of the U.S. Solicitor General in the U.S. Department of Justice, where she participated in litigation by the United States in the Supreme Court, advised on government appeals, and presented a successful oral argument in the D.C. Circuit. Before her fellowship, Lena clerked for Judge Gerard Lynch of the U.S. Court of Appeals for the Second Circuit, and Judge Denise Cote of the Southern District of New York.Lena earned her J.D. in 2012 from Columbia Law School where she received the Ruth Bader Ginsburg Prize for academic achievement and the Wilfred Feinberg Prize for Federal Courts work. She received her undergraduate degree from the University of Chicago, with a Bachelor of Arts in International Studies.<h4 dir="ltr">Appellate Arguments</h4><ul dir="ltr"><li dir="ltr"><a href="https://www.mofo.com/resources/video-audio/230308-united-states-ex-rel-piacentile-v-amgen-et-al" target="_self">United States ex rel. Piacentile v. Amgen, et al.</a> (16:38) (2nd Cir.) Sucessfully argued for affirmance of dimissal of a false Claims Act action</li><li dir="ltr"><a href="https://www.mofo.com/resources/video-audio/220809-national-abortion-federation-v-center" target="_self">National Abortion Federation v. Center for Medical Progress et al.</a> (27:06) (9th Cir.) briefed, argued, and won appeal for National Abortion Federation defending civil contempt order</li><li><a href="https://www.mofo.com/resources/video-audio/190416-ad-hoc-committee-v-peabody.html" target="_self">Ad Hoc Committee, etc. v. Peabody Energy Corporation</a> (26:05) (8th Cir.) Successfully argued on behalf of Committee of Unsecured Creditors in defense of reorganization plan against challenges by hold-out creditors</li><li><a href="https://www.mofo.com/resources/video-audio/191022-st-mazal-owner-v-citiscape.html" target="_self">215-291 W. 28th St. Mazal Owner LLC v Citiscape Bldrs. Group Inc.</a> (03:18:46) (New York Appellate Division, First Department) Successfully argued for vacatur of order denying permanent stay of arbitration</li><li><a href="https://www.mofo.com/resources/video-audio/200306-cohen-v-cohen" target="_self">Cohen v. Cohen</a> (01:18:33) (New York Appellate Division, Second Department) Sucessfully argued for reversal of parental visitation order that unconstitutionally required parent to adopt religious practices as condition of visitation</li><li dir="ltr"><a href="https://www.mofo.com/resources/video-audio/160304-united-states-stubblefield" target="_self">United States v. Stubblefield</a> (10:54) (D.C. Cir.) Briefed, argued, and won appeal for the United States in habeas case</li></ul><h4 dir="ltr">Additional Representative Matters</h4><ul dir="ltr"><li>Wamai v. Industrial Bank of Korea (2d Cir.) Secured affirmance of forum non conveniens dismissal of fraudulent conveyance and turnover claims against foreign bank</li><li>VeroBlue Farms USA Inc. v. Canaccord Genuity LLC (2d Cir.) Won affirmance of dismissal of complaint against investment bank for fraud, negligent misrepresentation, and related claims</li><li>GoldTown Corp. v. United Parcel Services, Inc. (New York Appellate Division, First Department) Successfully defended dismissal of tort claims against UPS as preempted by federal law</li><li>McMorris v. Carlos Lopez & Associates, LLC et al. (2d Cir.) Secured affirmance of judgment dismissing putative class action involving alleged data breach for lack of Article III standing</li><li>Cho et al. v. BlackBerry Limited et al. (2d Cir.) Successfully defended judgment on the pleadings dismissing named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action</li><li>William Paulus v. Ocera Therapeutics, Inc. (9th Cir.) Successfully defended appeal of dismissal of putative securities class action involving a tender offer</li><li>Raytheon Company v. Indigo Systems Corporation (Fed. Cir.) Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case</li><li>In Re: Pacific Fertility Center Litigation (9th Cir.) Obtained appellate reversal of district court decision refusing to compel arbitration in case involving fertility clinic in California</li><li dir="ltr">Kurtz v. Costco Wholesale Corporation (2d Cir.) Successfully petitioned for review of a class certification decision, then obtained a remand for the district court to reconsider its certification decision, and an eventual reversal on an injunctive class certification decision</li></ul>

Lena Hughes

Of Counsel

Appellate + Supreme Court

61st Annual New Appellate Judges Seminar

15 Jun 2019 12:15 PM - 3:00 PM EDT