Ehsun Forghany

Partner

Ehsun is a trial lawyer specializing in intellectual property (IP) counseling and litigation.

Ehsun Forghany Portrait

Ehsun brings a decade of experience litigating patent, trademark, copyright, trade secret, and related IP disputes in federal court and administrative proceedings, including before the US International Trade Commission (ITC), the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), and Trademark Trial and Appeal Board (TTAB).

A former prosecutor, Ehsun has successfully tried over 20 cases to verdict and argued more than 50 case-dispositive motions, including for two high-profile murder trials. He has helped his clients secure multimillion-dollar verdicts at trial and defend them on appeal, this includes a $2.9 million design patent verdict, $28.5 million copyright verdict, and $268 million utility patent verdict.

With a background in industrial design, Ehsun also provides business-focused counsel to clients in the fashion & retail, engineering, medical device, and consumer products sectors.  He advises clients on risk-reduction strategies during product development, helps guide product launches, and is known for curating creative and comprehensive IP protection for commercialized product designs. 

Prior to joining ArentFox Schiff, Ehsun was a trial lawyer in the IP Disputes group at a multinational law firm. He also served as a Deputy District Attorney at the Contra Costa County District Attorney’s Office and the Computer Hacking and Intellectual Property (CHIP) Unit of the United States Attorneys’ Office for the Northern District of California.

Publications

  • “USPTO Tribunals Offer Lessons For New Copyright Board,” Law360 (Feb. 5, 2021)
  • “Aqua Products Sparks Drastic Uptick in Motion to Amend Filings,” Bloomberg Law Patent, Trademark & Copyright Journal (Feb. 23, 2018)
  • “Avoiding a Patent War on Two Fronts,” Bloomberg Law (Aug. 9, 2016)
  • “Patent Reform Increasingly Risks Deadlock,” San Francisco Daily Journal (Jun. 28, 2016)
  • “Patent Assertion Entities in Europe, Patent Assertion Entities and Competition Policy,” Cambridge University Press (Jan. 2016)
  • “Expanding Patent Law’s Customer Suit Exception,” Boston University Law Review (Oct. 2013)

Recognitions

  • The Best Lawyers in America, Ones to Watch (2023-2024)
  • Lawyers on the Fast Track, The Recorder (2022)

Boards

  • Get Vocal for Victims

Memberships

  • Fellows of the American Bar Foundation

Professional Activities

A recognized authority on design patent law, Ehsun regularly serves as a guest lecturer at law schools, including the University of California, Berkeley School of Law, and presents at local and national conferences, including those for the San Francisco and Silicon Valley IP Lawyers Associations, PTAB Bar Association, and American Bar Association Intellectual Property Law Section.

Ehsun has been inducted into the Fellows of the American Bar Foundation, an honorary society with membership limited to 1% of the lawyers licensed to practice in a jurisdiction.

Perspectives