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Bijal Vakil

Partner

Email

bijal.vakil@aoshearman.com

Phone

+1 650 388 1703

Offices

Silicon Valley

San Francisco

Links

Twitter

LinkedIn

V-CARD
Bijal is a key founding partner of A&O Shearman's Silicon Valley and San Francisco offices. 

He successfully represents technology companies ranging from those on the Fortune 100 list to early-stage startups. Clients seek out Bijal for his expert courtroom strategies and advice on protecting complex, technical intellectual properties, leveraging his broad litigation experience in district courts, the International Trade Commission, the Patent Trial and Appeal Board, and the Federal Circuit. 

Bijal's legal expertise spans many technologies, including computer software, semiconductors, drones, e-commerce, social media, payments, autonomous vehicles, consumer electronics, telecommunications, video games, medical devices, and innovative uses of blockchain technology in cryptocurrency. His experience includes serving as lead counsel in hundreds of contentious patent matters, major trade secrets disputes, leading U.S. and cross-border deals, strategizing on complex technology transactions, and forming technology alliances in ground-breaking new industries. The practice that Bijal leads has been likened by IAM to “an IP boutique within a global firm”, with the title praising the team as one that “attracts globally recognized clients looking for crisp results in large-scale mandates.” 

The legal community recognizes Bijal's unique skill set. He was selected to serve on various court committees in the United States District Court, Northern District of California, including Co-Chair of the Lawyer's Representative Committee; Chair of two Magistrate Judge Selection Committees; Member of Magistrate Judge Reappointment Committee and Mediator, Court's Alternative Dispute Resolution Program. 

Bijal strongly believes in keeping the door open for others. His commitment to mentorship and diversity is evident through his active involvement with several Asian Pacific legal associations, earning him accolades from legal and business communities. His contributions have been acknowledged with awards from the National Asian Pacific Bar Association and the Silicon Valley Business Journal, underscoring his influence and dedication to paving the way for future generations in the legal field.

Experience

Representative matters

Obtained significant jury trial wins in a patent infringement case against a competitor. After achieving a complete win in the initial trial, an exceedingly rare permanent injunction was granted in the subsequent jury trial, effectively ceasing the sales of the implicated automotive safety products in the U.S. Following months of briefing, the Federal Circuit maintained the permanent injunction.

Represented the company in patent infringement claims in the ITC and the Central District of California. Successfully obtained summary judgment on § 101 grounds in a patent infringement matter involving a method and system of requesting and retrieving information over the internet from software running on multiple computers. Also obtained a dismissal with prejudice for the client in another matter. 

Successfully defended in a district court litigation and as a petitioner in nine inter partes review ("IPR") proceedings before the Patent Trial and Appeal Board challenging the validity of eight patents, and over 100 claims. Final decisions in all IPR proceedings held all claims unpatentable, resulting in a dismissal of the underlying litigation and a complete victory for the client. 

Successfully defended as petitioner in 27 IPR proceedings that challenged the validity of 275 claims of seven patents. Final decisions in all proceedings held all claims unpatentable and resulted in a dismissal of the underlying litigation and a complete victory for the client.

Leadership Positions And Professional Affiliations

  • Board Member, National Asian Pacific American Bar Association (NAPABA) Law Foundation
  • Member, University of California, Los Angeles, Venture Capital Fund
  • Lecturer, Intellectual Property Litigation, School of Law, University of California, Davis
  • Co-Chair, Bay Area Benefit: Courage Under Fire, Tahirih Justice Center
Recognition
“Bijal has his finger on the pulse of so many technology trends and his client service makes five-star hotels look slow. Frequently called upon by leading tech-sector companies to litigate complex patent disputes and perfectly understands the needs of his clients. ”
Chambers USA
“A really good strategic lawyer, [he] builds cases brilliantly and is able to spot and exploit the weaknesses in opponents' positions.”
IAM Patent 1000

Awards

  • Patent Star, Managing IP, 2017-2023 
  • IP: Patent Litigation, California, Band 5, Chambers USA, 2022-2023 
  • IAM Strategy 300 Global, World's Leading IP Strategists, Intellectual Asset Management (IAM), 2019-2023 
  • IAM Strategy 300 Global Leaders, Intellectual Asset Management (IAM), 2024
  • US: California, Bronze (Litigation), IAM Patent, 2023 
  • 500 Leading Litigators in America, Lawdragon, 2022-2024 

Qualifications

Admissions

Registered Foreign Lawyer, England and Wales, 2024 

Admitted: State Bar of California

US District Court for the Central District of California 

US District Court for the Northern District of California 

US District Court for the Eastern District of California 

US District Court for the Southern District of California 

US District Court for the Eastern District of Texas 

US District Court for the Western District of Texas 

US Court of Appeals for the Ninth Circuit 

US Court of Appeals for the Federal Circuit 

US Supreme Court
 

Academic

JD, University of California, Davis

BA, University of California, Los Angeles

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Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.