Education

  • University of Michigan (J.D.), cum laude; Contributing Editor of the University of Michigan Law Review; Clarence Darrow Scholar; Member of the Board, Campbell Moot Court Competition; Honorary Member of the Scribes Journal of Legal Writing
  • University of Southern California (B.S., Computer Engineering/ Computer Science), magna cum laude; Trustee’s Scholar; Dean’s List; National Achievement Scholarship from Rohm and Haas Company; Associated Students of Biomedical Engineering

Clerkships

  • Hon. Robert E. Payne, U.S. District Court, Eastern District of Virginia.

Ellisen Turner is the Managing Partner of Irell & Manella LLP. He also continues to practice full time in the Litigation and Intellectual Property practice groups.

Mr. Turner has represented and counseled clients in a broad range of commercial and intellectual property disputes in numerous federal courts, as well as in the International Trade Commission, the Patent Trial and Appeal Board, and the ICC International Court of Arbitration. His practice focuses primarily on entertainment and entertainment technology, software, telecom, semiconductor, biotechnology, and life sciences matters. Mr. Turner has handled patent and trade secret litigations, and contested patent office proceedings, particularly inter partes reviews (IPRs), through all phases including pre-litigation, trial, and appeal. He also advises companies on technology development and commercialization and represents companies in bankruptcy and transactional matters, including intellectual property transactions and license negotiations, as well as intellectual property due diligence in connection with mergers, acquisitions, and asset purchases. 

Mr. Turner was recognized as among the 40 "Most Influential Minority Attorneys" in Los Angeles by the Los Angeles Business Journal. He was also recognized as a "Trailblazer Under 40" by the National Bar Association and the "Patent Litigation Lawyer of the Year" by the Century City Bar Association. The Los Angeles and San Francisco Daily Journal has recognized Mr. Turner as one of the top 20 attorneys in California under the age of 40 and Law360 named him a “Rising Star” and one of the five intellectual property attorneys under 40 in the country to watch. He has also consistently been named a Southern California Super Lawyer, after having been listed as a Super Lawyer "Rising Star" in intellectual property litigation every year since 2007. 

Mr. Turner participates in a number of legal and community organizations. Over the last decade, he has been repeatedly appointed to the Judicial Elections Evaluations Committee for the Los Angeles County Bar Association. He has also served as the Chair of the Intellectual Property Section of the National Bar Association, where he continues to serve as a Board member. He founded the organization's Diversity in Tech Awards, which annually recognize leaders for fostering diversity and inclusion in the STEM and IP fields. Mr. Turner also serves on the Litigation Committee, and its Education subcommittee, in the Intellectual Property Owners Association and has been an invited speaker on patent litigation and patent damages at AIPLA and other IP conferences.

Mr. Turner has been an associate columnist for the National Law Journal and has co-authored several papers and presentations regarding patent law and practice, including forum selection in patent infringement litigation, claim construction hearing practice, and pre-litigation investigations.

Mr. Turner earned his J.D. cum laude from the University of Michigan where he was a contributing editor of the University of Michigan Law Review. He authored "Swallowing the Apple Whole: Improper Patent Use By Local Rule," 100 Michigan L. Rev. 640, for which he received a West Publishing Award and an honorary membership in Scribes, the American Society of Writers on Legal Subjects. Mr. Turner was also a research assistant on Markman Practice, Procedures and Tactics, 619 PLI/Pat 117.

Before joining Irell & Manella, Mr. Turner clerked for the Honorable Robert E. Payne of the United States District Court for the Eastern District of Virginia.

Before law school, Mr. Turner worked in private industry as a software engineer for AlliedSignal Aerospace (now Honeywell International Inc.), Hewlett-Packard, and in IBM's Santa Teresa Laboratory. He also worked as a manufacturing execution system and database design consultant.

In his spare time, Mr. Turner enjoys boxing, writing, sketching, and bicycling.

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Representative Matters

The following lists selected litigation, transactional, and counseling matters for which Mr. Turner has had lead or key responsibility.

  • Represented a pioneering media technology company in multiple major litigations concerning core patented technology for digital video recorders and video distribution technology, including IPTV and OTT streaming video. Through the resulting litigations, settlements, and negotiated licensing transactions, the client's recoveries have exceeded $2 billion.
  • Represented one of the world's foremost video and video encoding technology companies in multiple licensing and asset sales transactions, and advised on worldwide litigation strategy including litigated matters in Europe and Asia. The resulting negotiated licenses, litigations, and asset-sale transactions yielded hundreds of millions in new revenue for the client.
  • Represented a global media company with some of the most valuable entertainment and news brands in the world in entertainment litigation matters, and advised the company regarding supply agreements, software development agreements, and intellectual property transactions, license agreements, and due diligence.
  • Represented the patent-holder in a seventeen patent declaratory judgment action involving complex semiconductor processor technology and innovations, including interconnect architectures, thermal monitoring systems, security circuitry, and performance optimization used within several hundred billion dollars of microprocessors and chipsets. Irell obtained favorable claim construction rulings, defeated two rounds of summary judgment motions and convinced the court to reject every one of Intel’s Daubert motions. With trial scheduled to begin in a month, Intel had not managed to remove a single claim of a single patent from the case. After three years of litigation, Intel agreed to a confidential settlement shortly before trial.
  • Represented one of the largest wireless network operators in the United States as a defendant in a patent infringement lawsuit in the Southern District of New York. The case involved near field communications technology in mobile devices, and Irell took the case over from prior counsel after claim construction. Mr. Turner's deposition of the plaintiff's damages expert resulted in her damages theories being completely excluded, leaving the plaintiffs with no damages expert for trial. The case settled soon after the court granted the Daubert motion excluding the plaintiff's expert.
  • Defended one of the largest wireless network operators in the United States in a trademark litigation in the Eastern District of Virginia. Irell successfully moved to dismiss the litigation on the pleadings—a ruling that the Fourth Circuit upheld in a published opinion on a matter of first impression concerning arbitral rules incorporated by reference in an arbitration agreement.
  • Represented a major Norwegian marine geophysical company in two multi-patent actions involving seismic exploration technology for acquiring and processing data used to map offshore oil and gas reservoirs. The case settled after Irell's client asserted multiple patent counterclaims and after Mr. Turner won a string of procedural and substantive motions.
  • Represented patent-holder in a set of declaratory relief and infringement actions involving dozens of telecommunications patents that five of the world’s largest technology companies acquired from the estate of Nortel Networks. The complex multi-district litigation involved dozens of patents and hundreds of counterclaims, and Mr. Turner also represented the client during parallel bankruptcy proceedings concerning the Nortel estate. The defendants included some of the largest cable companies in the world. The litigations led the dominant supplier in the industry to make one of the largest payments in its history, more than $180 million, in settlement.
  • Represented a major manufacturer of aircraft interior products in three inter partes reviews filed against a competitor in the field of aircraft water and waste systems. The U.S. Patent and Trademark Office invalidated all three of the competitors patents, concluding that they were obvious based on multiple prior art references.
  • Represented a small, innovative pharmaceutical company based in San Diego in an ANDA litigation against a generic drug company over a drug used treat disorders related to excess stomach acid. After a successful infringement trial and an appeal that upheld the validity of multiple claims across the asserted patents, the generic company ceased further distribution of the infringing product. News of the victory caused the client's stock price to soar over 14% in one day.
  • Represented the patent management and licensing entity for a major university in litigation against Intel over complex semiconductor processor technology developed by university professors to improve processor speed and efficiency. Two weeks before trial, the court granted the client's summary judgment motion that Intel had no license to the patent. The Court also denied Intel's motion for summary judgment that the patent was invalid for anticipation, adopting the client's construction of a key claim limitation. The Court stated that the construction "is fatal to defendant's contention" of anticipation in its motion. Two weeks later, three days before trial, Intel settled the case for over $100 million. The victory cleared the path to litigate the same patent against Apple in a subsequent case that yielded a $506 million judgment.
  • Defended a major computer original equipment manufacturer (OEM) and technology company in the Eastern District of Texas in multiple offensive and defensive cases involving patents relating to multi-processor computer server systems, microprocessor cache memory management technology, computer-aided design (CAD) software, and a variety of inventions related to high-performance computer architecture. The plaintiff alleged that high-end server systems, representing $2 billion a year in revenues, infringed its patents. Following very favorable rulings for Irell's client, the cases were successfully settled before trial.
  • Represented innovative semiconductor technology company in multiple Section 337 investigations in the International Trade Commission, and a parallel bankruptcy proceeding, against more than two dozen respondents accused of infringing patents on semiconductor encapsulation techniques and compliant semiconductor packaging architectures. The matters resulted in multiple companies entering into patent license agreements with Irell's client.
  • Represented a global technology leader as the complainant in a Section 337 investigation in the International Trade Commission where five patents were asserted against a broad array of DRAM and flash memory circuitry imported by the largest memory companies in the world, each of which entered into patent license agreements with Irell's client.
  • Represented innovative semiconductor technology company in a series of arbitrations before a three-judge panel and various satellite cases involving royalties due under an agreement licensing both patented and unpatented semiconductor packaging technology and know-how. The resulting arbitral awards and settlements yielded Irell's client more than $150 million.
  • Defended one of the world's largest video streaming and subscription video-on-demand companies in patent litigation concerning electronic program guide, media discovery, and second screen video technology. Negotiated innovative license agreement to settle the case after successfully transferring the litigation to the Central District of California and obtaining favorable patent claim interpretations during dispositive motion practice.
  • Represented innovative semiconductor technology company as plaintiff in a patent and antitrust action involving foundational semiconductor packaging technologies now broadly licensed by manufacturers of small-format ball grid array products, including the majority of the DRAM industry. After successful claim construction rulings and motion practice, the resulting settlements entitled the client to more than $80 million and significantly larger future royalties.
  • Represented one of the world's largest hard-disk drive and storage technology companies in disputed bankruptcy proceedings concerning intellectual property licensing issues over patents and other assets purchased in the disk-drive industry's largest ever bankruptcy matter. After Irell's client purchased the assets out of bankruptcy, we successfully obtained a judgment that the client's competitor had no license rights to the patent assets, a ruling that was affirmed by the district court and the U.S. Court of Appeals for the Ninth Circuit.
  • Represented the world's foremost digital stereoscopic projection technology company in bidding for and acquiring multiple significant 3D patent and technology assets during bankruptcy proceeding and in contesting asserted license rights concerning the assets after client's successful bid.
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Bar & Court Admissions

  • California
  • United States District Courts for the Central and Northern Districts of California and the Western District of Wisconsin
  • United States Court of Appeals for the Federal and Fourth Circuits
  • Registered to practice before the United States Patent and Trademark Office