Litigator Eliza Hall is a Counsel in the firm’s Intellectual Property, Media, Entertainment & Communications, and Privacy & Cybersecurity practice groups.  Ms. Hall advises and represents U.S and international clients on a broad range of intellectual property issues with an emphasis on securing, enforcing, licensing and litigating IP rights.  Ms. Hall’s experience includes trademark, patent, copyright and trade dress litigation, commercial litigation in the healthcare and manufacturing industries, trademark opposition and cancellation proceedings, false advertising and internet disputes, and releases, licensing and insurance issues for film production.  She also has experience with related issues including privacy and media law, noncompetes and nondisclosure agreements, and insurance coverage for hacking and other cyberattacks.

Beyond litigation and enforcement, Ms. Hall’s practice includes trademark and trade dress clearance; drafting and reviewing intellectual property licensing agreements, trademark co-existence agreements, work-for-hire and related provisions in employment or contracting agreements, and policies concerning social media, privacy, and the ownership of intellectual property; and protecting intellectual property rights during estate planning.

Ms. Hall also practices in the area of Assisted Reproductive Technology law, representing intended parents, gamete and embryo donors, surrogates, clinics and agencies in the areas of IVF, egg and/or sperm donation, embryo donation, and surrogacy.

REPRESENTATIVE MATTERS

  • Seven years as a core member of the litigation team representing Carnegie Mellon University in its successful patent infringement suit against semiconductor manufacturer Marvell. Ms. Hall worked on all phases of this litigation, from the motion to dismiss phase through discovery, summary judgment motions, trial, appeal and settlement. After winning a $1.2 billion jury verdict and partially prevailing on appeal, CMU settled the case for $750 million.
  • Member of successful trial and settlement teams in counterfeiting and knockoff litigation on behalf of U.S. and international corporations in the areas of trademark, trade dress, unfair competition and false advertising, including both Lanham Act and state law claims.
  • Member of trial team representing a major hospital network in a successful jury trial for enforcement of a noncompete against a prominent surgeon; member of investigative team that prepared litigation against other doctors in violation of noncompetes and successfully settled those claims; assisted in advising healthcare and high-tech clients on noncompetes and nondisclosure agreements.
  • Assisted with settlement negotiations between healthcare providers and their insurers concerning insurance coverage for cyberattacks that had compromised sensitive patient information.
  • Extensive trademark clearance and prosecution experience, including Office Actions and TTAB proceedings, for broad range of clients including industrial manufacturers, retailers, arts/entertainment entities, sports organizations and athletes, food & beverage manufacturers, healthcare, high tech and energy companies.
  • Advised national sports league on how to protect its trademarks without filing or inviting litigation.
  • Provided trade dress clearance for national retailers prior to introduction of new clothing and furniture designs onto U.S. market.
  • Drafted and negotiated music licensing agreements, including royalty provisions, on behalf of record companies and musicians.
  • For filmmakers, drafted personal, location and materials releases and advised on obtaining production-related insurance.
  • Advised authors on terms of potential publication contracts and on their rights and remedies under existing contracts, including royalty issues.
  • Assisted in litigating and successfully settling cases involving the infringement of copyrights in architectural designs.
  • Handled numerous DMCA takedowns and related negotiations on behalf of clients in the retail, financial and technology industries.
  • Advised estates & trusts attorneys on the identification and proper handling of IP rights in estate planning.
  • Represented one member of a celebrity couple who created embryos together at an IVF clinic but later separated and disagreed about whether to use or destroy the frozen embryos.

PREVIOUS EXPERIENCE

  • K&L Gates, LLP, Litigation Associate, Intellectual Property Group

PRO BONO AND COMMUNITY INVOLVEMENT

  • Represented artists and arts organizations in establishing or enforcing copyrights and trademarks; negotiating licensing agreements; and resolving IP-related disputes
  • Served as translator and interpreter for Haitian refugees seeking asylum in the U.S., including providing French-English-French interpretation during formal asylum proceedings
  • Represented numerous domestic violence victims in obtaining Protection from Abuse orders
  • Won Pro Bono Award at K&L Gates (for dedication to pro bono clients) and Community Service Award in law school (for mentoring foreign LLM students)

MEMBERSHIPS AND AFFILIATIONS

  • National Association of Judicial Interpreters and Translators

PUBLICATIONS AND SPEECHES

  • “Surrogacy Law in the U.S.,” chapter in multilingual academic book Regulierung der Leihmutterschaft – Aktuelle Entwicklungen und interdisziplinäre Herausforderungen (Beate Ditzen & Marc-Philippe Weller eds., Mohr Siebeck Verlag (Germany), forthcoming 2018
  • Invited speaker on U.S. gestational surrogacy law, University of Heidelberg, Germany (April 2017)
  • “9th Circuit and German High Court Weigh in on Music Sampling,” Law360 (co-author, Aug. 9, 2016)
  • “In Role-Playing Card Games, Where is the Line Between Protectable Expression and Unprotectable Rules of the Game?” K&L Gates IP Law Watch (co-author, May 11, 2016)
  • Pennsylvania section of the Media Law Resource Center 50-State Survey: Media Privacy & Related Law (co-author, 2008, 2009 & 2016)
  • “The French Exception: Why the Resale Royalty Works in France and Why It Matters to the U.S.,” 1 Journal of International Media & Entertainment Law 321 (2007)
  • “Divide and Sprawl, Decline and Fall: A Comparative Critique of Euclidean Zoning,” 68 University of Pittsburgh Law Review 915 (2007)

LANGUAGES

  • French
  • Spanish
  • Italian
  • Russian (intermediate)

Education

  • University of Pittsburgh School of Law, J.D., 2007
    University of Pittsburgh Law Review, Articles Editor
  • University of Michigan, M.F.A. Creative Writing, 1997
  • University of Michigan, M.A. French Language & Literature, 1996
  • University of Manchester, England, B.A. Honors French Studies, 1992

Admissions

  • Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania