Stefani E. Shanberg

As head of Morrison & Foerster LLP’s litigation department in San Francisco, Shanberg has become one of the country’s leaders in patent trial work, partly because of her intellectual curiosity and a willingness to seek new opportunities.

Originally a commercial litigator, Shanberg developed her interest and expertise in the patent field through her serendipitous encounter with Ken Wilson, a prominent intellectual property litigator who became one of her most important mentors.

“I didn’t want to do patent litigation,” she said. “I was resistant. I went to an IP litigation lunch just to see what they do, where I met Ken Wilson. He told me had a patent case he wanted me to work on. When I told him I didn’t have a technical background, he told me that patent litigation was more about analyzing language.”

This skill has become Shanberg’s calling card. “I pride myself on being able to translate highly technical language into something normal people can understand,” she said. “I tell my clients that if I can’t understand it, then the judge won’t be able to understand it.”

Shanberg’s rapport with her clients has been the catalyst for some of patent law’s most significant developments. “One thing I value about my clients is that they are willing to litigate cases to move the law forward and create good law,” she said.

Her desire to advance the field of patent law has brought her clients among the nation’s biggest companies, such as Amazon, Spotify and Lululemon.

One of her major victories was before the International Trade Commission on behalf of Amazon in 2019. In the Matter of Certain Carburetors and Products Containing such Carburetors, (ITC Inv. No. 337-TA- 1123).

The decision was a summary determination on the grounds that the plaintiff was lacking in domestic industry. “It is now cited regularly for the fact that, for standing purposes, domestic industry needs to be ‘significant and substantial’,” Shanberg said.

Among her career honors: She was nominated by Northern District of California Judges Jon S. Tigar and Richard Seeborg to be a member of the Patent Instruction and Rules Advisory Committee; and she is the only West Coast lawyer to have served as president of the ITC Trial Lawyers Association, according to Chambers Review.

Despite a lifetime of accomplishments, Shanberg continues to look forward. Asked what the next five years of her career will look like, she expressed her love for mediation and her excitement to continue litigating in front of the International Trade Commission and district courts.

– Wisdom Howell