Aashish Kapadia

Partner

McDermott, Will & Emery

Aashish Kapadia is a partner in McDermott Will & Emery’s Intellectual Property Practice Group. He represents clients in patent litigation, post-grant trials and patent prosecution. His background in electrical and computer engineering gives him strategic insight into his clients’ vital technologies. He offers multifaceted representation across all phases of complex patent litigation, from pre-suit strategy and early motion practice through claim construction, discovery and summary judgment. He regularly represents clients in inter partes review proceedings at the US Patent and Trademark Office. His practice also encompasses patent counseling and prosecution in a variety of technologies, including computer hardware, software and telecommunications.

Before attending law school, Aashish worked for five years as a product development engineer at a multinational semiconductor company, where he focused on system-level testing and microprocessor product development. His technical experience also includes software development, semiconductor fabrication and electronic instrumentation.

While in law school, Aashish served as chief articles editor for the Texas Intellectual Property Law Journal and recent developments editor for the Texas Journal of Oil, Gas, and Energy Law.

Recent Articles by Aashish Kapadia

Delving Into the EU’S Draft Regulations on SEP Licensing

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). Commentators predict the draft will be released in late April and, although this is an early draft that will likely evolve, below we offer the following initial observations. In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures. In particular, the regulations would establish a “competence center” at the European Union Intellectual Property Office (EUIPO) to act as a sort of clearinghouse for SEP issues (both technical and economic). The EUIPO does not currently have patent expertise; EP patents are the purview of the European Patent Office (EPO), which is separate from the European Union and includes non-EU members.

April 21, 2023

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