Morgan Chu

As intellectual property disputes continue to grow in number and complexity, Chu said his toolbox is getting bigger and bigger in order to deal with them.

"Fashioning new tools to solve problems is great fun," he said. "In finding new ways of communicating a concept well, we test it out and, a lot of times, our first attempts seem not to work very well. So it's back to the drawing board and, hopefully, we get it right."

Among his significant cases, Chu successfully represented Skechers USA Inc. against claims by Cobra International Inc. that the circuit used in Skechers lighted footwear infringed Cobra's patent on sequential lighting. Cancaribe Limited v. Cobra International Inc., CV 07-4182-GAF-E (C.D. Cal., filed June 26, 2007)

The case was stayed for a period of time while Skechers requested a reexamination by the patent office, which found that Cobra's claims had to be significantly narrowed, Chu said.

In June, the case settled after Chu filed a summary judgment motion to invalidate Cobra's patent.

Under the terms, Cobra agreed to dismiss the lawsuit with prejudice and release all claims against Skechers, which didn't have to pay any money and may continue to use its lighted footwear technology without modifications or payment to Cobra.

"It was a complete victory on behalf of Skechers," Chu said.

Despite all of the litigation being generated by intellectual property disputes, Chu said that the system has remained solid over the past two centuries.

"The very good thing about the United States is that whatever changes have been made during the last 200 plus years related to IP have tended to be incremental, and haven't done anything destructive to what has been an enormously powerful innovation engine," Chu said.

He added, "Despite the capacity of people to muck up a lot of things, we haven't mucked up the IP system."

- PAT BRODERICK