Elizabeth Day

Elizabeth Day, a veteran trial lawyer with more than 25 years of experience handling IP litigation matters, is a partner at Bunsow De Mory LLP.

In February 2023, she moved to Bunsow De Mory from Kramer Day Alberti Lim Tonkovich & Belloli LLP, the IP litigation boutique she co-founded in 2011 with several other former DLA Piper lawyers.

“It was an opportunity to do more plaintiff-side work with a more flexible approach for those who wish to monetize their IP,” she said. She decided to make the move after she met Denise De Mory — like Day, the name partner and a co-founder of a patent litigation boutique.

“I knew of her, of course,” Day said, “but when we actually sat down, I felt a great connection and synergy for what we can do together as two female dynamos in the patent litigation space.” With her from her former firm, Day brought partners Jerry D. Tice II and Marc C. Belloli.

Day attained a major win with a $172.5 million damages verdict for client Wapp Tech Limited Partnership over performance testing “network visualization” patents. A Texas jury ruled that a Hewlett-Packard Enterprises Co. spinoff firm infringed three Wapp Tech patents in developing its LoadRunner program. Wapp Tech Limited Partnership et al. v. Micro Focus International PLC, 4:18-cv-00469 (E.D. Tex., filed July 2, 2018).

“My client was run by a sole inventor, Donovan Poulan, who tried for years to get Hewlett-Packard to acknowledge these infringing patents,” Day said. “We were brought in as replacement counsel near the close of fact discovery. Late in the game, I developed a damages theory based on reasonable royalty involving several Georgia-Pacific factors. The jury awarded the full amount we sought.”

(The 15 Georgia-Pacific factors, developed in case law, are based on a 1970 New York opinion and used to determine equitable royalties owed by patent infringers.)

The defendant announced an appeal, then settled “very favorably to us,” Day said.

Day is currently leading an effort by client VideoLabs Inc. to enforce its video coding patents against companies that refuse to take a license for their use. In late April, she successfully turned back a move by defendant Dell Technologies Inc. to move one pending case away from the Western District of Texas, a venue believed to favor plaintiffs. VideoLabs Inc. v. Dell Technologies Inc. et al., 6:21-cv-00456 (W.D. Texas, filed May 3, 2021).

“We kept Dell in Waco,” Day said. “I like to work for patent holders, given the interesting technology involved in these cases. And I’m having a great time doing it — you have to, or it can be a really stressful job.”

—John Roemer