Will Fitton
Intellectual property and commercial litigator with 30 years of patent and trade secret work
PARTNER
Will brings three decades of experience in high-stakes commercial and intellectual property litigation. He earned his J.D. from Yale Law School, where he served as Editor-in-Chief of the Yale Journal on Regulation, and began his career clerking for U.S. District Judge Peter J. Messitte in Maryland. Will’s early exposure to complex patent issues during that clerkship ignited a lifelong focus on IP litigation.
Will’s practice spans federal and state courts nationwide and covers a wide array of industries and technologies—including artificial intelligence, software, data security, consumer products, medical diagnostics, and biotechnology. He has litigated for and advised clients such as Uber, Fortinet, Genentech, LD Products, and Balsam Hill in disputes ranging from trade secrets and copyright scraping to patent infringement and indemnification.
Before joining Bayla, Will practiced at Latham & Watkins and Morrison & Foerster. He is known for his pragmatic and strategic approach—often resolving disputes before litigation arises. For instance, Will recently guided a diagnostic manufacturer in unwinding contentious patent license obligations, and he regularly advises clients on trade secret protocols in personnel transitions.
Will’s expertise is trusted beyond commercial and IP litigation. He served as President of the San Francisco Intellectual Property Law Association. And he has represented prisoners, pro bono, in parole and habeas matters, in some cases challenging the constitutionality of aspects of California’s parole system. His diverse background also includes co-founding a web development company in NYC and working as an insurance analyst at CNA.
REPRESENTATIVE MATTERS
Planner 5D v. Meta Platforms, Inc. et. al. (Northern District of California)
Represented Planner 5D in a copyright and trade secret suit alleging that Meta and Princeton took and used its 3D works to train artificial intelligence models. Settled on confidential terms.
Balsam Brands Inc. v. Cinmar, LLC d/b/a Frontgate (Northern District of California)
Brought a patent infringement case against nationwide retailer Frontgate concerning foldable Christmas trees.
Perma-Liner Industries, LLC v. NuFlow Technologies U.S.A., Inc. (District of Delaware)
Defended NuFlow Technologies U.S.A. in patent litigation involving UV technology to cure resins for pipe repair.
Trend Micro Inc. v. Fortinet, Inc. (Santa Clara Superior Court)
Represented Fortinet in a Lear challenge to the validity and enforceability of two data security patents licensed from Trend Micro. Settled on confidential terms
Halpern, et al. v. Uber Technologies, Inc., et al. (San Francisco Superior Court)
Obtained complete dismissal for Uber of trade secret misappropriation claims brought by plaintiff who claimed to have invented the technology behind Uber’s application platform.
Biotechnology Arbitration (International Chamber of Commerce)
Defended a large biotechnology company in confidential arbitration under the laws of four countries in which a pharmaceutical company sought hundreds of millions of dollars for alleged trade secret misappropriation and patent infringement involving a recombinant human protein. The tribunal unanimously denied all claims.
Fortunas, LLC, et al. v. Raphel, et al. (Contra Costa Superior Court)
Represented a family in a corporate governance, breach of contract, and fiduciary duty dispute with the general partner of its real estate holding entities.
Biotechnology Lear Challenge
Handled a confidential Lear challenge to biotechnology patents with significant COVID-19 implications.
United States ex rel. Barnette, et al. v. CardioDx, Inc., et al. (Northern District of California)
Defended the founder and former CEO of a genomic diagnostic company for coronary artery disease in a False Claims Act case over Medicare reimbursement. Settled on confidential terms.
Genentech, Inc. v. Celltech, Inc. (Northern District of California)
Represented Genentech in seminal interference proceeding over rights to fundamental recombinant DNA technology. Resolved by settlement, with a patent issued to Genentech.
Toppan Photomasks, Inc. v. Park (Northern District of California)
Defended Keun Taek Park against trade secret misappropriation claims involving a plasma dry-etching process used to create photomasks. Settled on confidential terms.
Covidien L.P. v. Penumbra, Inc. (U.S. Trademark Trial & Appeal Board)
Represented Penumbra in Covidien’s Opposition to Penumbra’s trademark application for its endoscopic brain surgery system. Settled on confidential terms.
Lexmark v. Ink Technologies Printer Supplies, LLC, et al. (Southern District of Ohio)
Represented LD Products in a multi-patent, multi-product case regarding “clone” and “remanufactured” printer cartridges. Settled on confidential terms.
Rovi v. Amazon (District of Delaware) and Rovi v. Hulu (Central District of California)
Represented Rovi in multi-patent cases involving consumer-electronic guide technologies. Settled on confidential terms.
OTHER PROFESSIONAL EXPERIENCE
Streamedtech, LLC, Managing Member, New York City
Co-founded Web-development enterprise that designed and developed enhanced widgets to communicate public health and medical care information. Responsibilities included addressing entity formation, governance, licensing, tax, intellectual property, and competition issues; evaluating and drafting strategic alliance agreements; and participating in capital raising activities.
CNA Insurance Companies, Underwriter/Analyst, Chicago
Prepared pricing for group health and life insurance quotations. Analyzed financial health of group insurance customers. Assessed state insurance laws. Developed training materials and conducted training seminars on premium computation.
“Will Fitton is a master at process and discovery.”
Nat Roland
General Counsel & EVP, Legal & Regulatory, Balsam Brands Inc.